Govt test 2 -complete

What was said by the male chair of the SNCC in its national meeting?

"The only position for women in SNCC is prone."

What does the double jeopardy clause do? A. Prevents a suspect from being tried twice for the same crime in the same jurisdiction B. Bars the use of illegally obtained evidence at two or more trials C. Prevents the police from using the same warrant to search a property more than once D. Assures that no one must bear witness against themselves or their spouse

A

Which abortion restrictions are generally permissible? A. Those that do not pose an undue burden on pregnant women B. Those that pass the strict scrutiny test C. Those that lack exceptions for the health of the mother D. Those that are designed to protect the life of the unborn child

A

Which amendment has been used to gradually make the protections of the Bill of Rights applicable to the states? A. Fourteenth B. Fourth C. Fifth D. Tenth

A

Which first lady was probably the most powerful? A. Edith Bolling Galt Wilson B. Martha Washington C. Michelle Obama D. Rosalyn Carter

A

Which of the following best characterizes the policy of the national gov't toward Indian tribes during the 18th and 19th centuries? A. Confinement of American Indians to reservations B. Forced assimilation of American Indians into cities and suburbs C. Expansion of American Indian lands D. Massive repatriations paid to American Indians for improper or illegal land acquisition

A

Which of the following statements about civil liberties and the Constitution is accurate? A. The Bill of Rights is not an exhaustive of citizens' liberties. B. The U.S. Constitution incorporates the liberties enshrined in each state's constitution as limits on the national gov't as well. C. All rights not given to the people in the Constitution are reserved for the national gov't. D. The Framers added the Bill of Rights to the Constitution before most states would sign it.

A

Which of the following was the central holding in Lawrence v. Texas? A. Declared unconstitutional a law banning sodomy B. States can limit or prohibit the use and sale of contraceptives C. Increased unmarried couples' access to contraception D. Invalidated federal laws limiting marriage to heterosexual couples

A

Why did colonists value local militias? A. They could keep order and protect liberty without having the need to maintain a standing army. B. They helped to provide food for their families through hunting exercises. C. They were comprised of full-time, professional soldiers who were known personally to the colonists. D. They brought communities closer and fostered economic development.

A

Why did the civil rights movement change its focus during the latter half of the 1960s? A. Civil rights issues were a legislative priority with the Johnson administration B. Blacks had lost the support of the Democratic Party C. There was a mass migration of blacks from the South D. There was greater consensus over strategy among community leaders

A

Executive privilege

An implied presidential power that allows the president to refuse to disclose information regarding confidential conversations or national security to Congress or the judiciary

Nebraska Press Association v. Stuart

Any attempt by the gov't to prevent expression carried "a heavy presumption against its constitutionality" (declared that the press's right to cover a trial had greater weight than the defendant's constitutional right to a fair trial)

Civil Liberties Act

Apology to the interned (Japanese Americans, Italian Americans, and German Americans in WWII internment camps) and their descendents and offered reparations to them and their families

Which Article and section details the procedure by which Congress can make laws and raise revenues?

Article I, section 7

Which Article and section details Congress's power to tax, spend, regulate commerce, coin money, and make laws through necessary and proper clause?

Article I, section 8

Which Article contains the presidential powers?

Article II

Sixth Amendment and what else provide a person accused of a crime to the right to enjoy a speedy and public trial by an impartial jury?

Article III (of the Constitution)

What do first ladies assist presidents with?

As informal advisers while making other, more public and significant contributions to American society

How do American Indians claim that their large expenditures (from casino money) are legal?

As sovereign nations they are immune from federal and state campaign finance disclosure laws

What is the fastest growing minority group?

Asian and Pacific Island Americans

Right in DeJonge v. Oregon?

Assembly

With the passage of the Dawes Act in 1887, what did this promote?

Assimilation over separation

How old must members of the House be?

At least 25 years

How old must members of the Senate be?

At least 30

What happens if Congress fails to pass the budget by October 1? A. Congress adjourns B. Pork barrel spending increases C. The gov't may shut down D. Congressional elections are usually postponed

C

Which of the following has been a recent aid to gays and lesbians in their efforts to achieve equal rights? A. A shrinking number of openly gay and lesbian Americans B. The Supreme Court's decision requiring states to allow gay and lesbian couples to marry C. Changes in public opinion D. The confirmation of the first openly gay Supreme Court justice

C

Which of the following is a constitutional responsibility of the VP? A. Lead Cabinet meetings B. Act as an ambassador of the U.S. C.Preside over the Senate D. Draft the budget

C

Which of the following is a harsh interrogation technique used by the U.S. gov't against suspected terrorists during the George W. Bush presidency and was the source of considerable controversy? A. Deprivation of dignity B. Denial of recreational privileges C. Waterboarding D. Extended incarcerations

C

Which of the following is an example of a presidential check on the judiciary? A. The power to convene the Supreme Court B. The power to veto legislation C. The power to grant pardons D. The authority to negotiate treaties

C

Which of the following is most likely permissible? A. Districts drawn to reduce minority strength B. noncontiguous districts C. Districts drawn on the basis of partisanship D. Districts with unequal population

C

Which of the following is true of George Washington? A. He suspended the writ of habeas corpus during the Whiskey Rebellion B. He asserted a powerful role for the president in the lawmaking process C. He established the Cabinet system D. He created a mammoth federal bureaucracy

C

Why did some Federalists oppose adding a bill of rights to the Constitution? A. It could lead to a rebellion among the states. B. It would lead to a stronger national gov't. C. It was unnecessary b/c the states already protected citizens' rights. D. It would make state gov'ts bound by national law.

C

Convene Congress means?

Call them to special session and inform them of the "State of the Union"

What was the famous "Ain't I a Woman?" speech about?

Called women to recognize the plight of their black sisters

Impeachment

Charge the president, VP, or other civil officers with federal crimes ("treason, bribery, or other high crimes and misdemeanors")

What leadership style did Obama have?

Charismatic (evident in his early emphasis on cross-cultural governing, a deviation from presidential norms)

Who was the Senator beaten brutally?

Charles Sumner

Challenge of the delegates of the Constitutional convention?

Check the power of the presidency while providing for effective leadership (that the Articles lacked)

What was the first act of legislation to restrict the immigration of any identifiable nationality?

Chinese Exclusion Act

Who is the Minority Leader in the Senate?

Chuck Schumer (New York)

Lincoln argued that the inherent powers of his office allowed him to?

Circumvent the Constitution in a time of war or national crisis

7th Amendment?

Civil jury trial

14th Amendment was passed with?

Civil lRights Act

The War Powers Resolution had limited effectiveness in?

Claiming an oversight role for Congress in the international crisis situations

Presidential directives are often?

Classified (because they state the president's national security policy)

Due process clause (included in which amendments?)

Clauses contained in the 5th and 14th Amendments; over the years, it has been construed to a variety of rights to individuals

Stromberg v. California (1931)

Court overturned a communist youth camp direct's conviction under a state statute prohibiting the display of a red flag (a symbol of opposition to the U.S. gov't) - this was symbolic speech (which is entitled to the First Amendment)

House v. Bell

Court recognized the potential exculpatory power of DNA evidence

San Antonio Independent School District v. Rodriguez

Court refused to find that a Texas law under which the state appropriated a set dollar amount to each school district per pupil while allowing wealthier districts to enrich educational programs from other funds violated the equal protection clause of the 14th Amendment

Stenberg v. Carhart (2000)

Court ruled that a Nebraska partial birth abortion statute was unconstitutionally vague b/c it failed to contain an exemption for a woman's health (the law was unenforceable)

R.A.V. v. City of St. Paul

Court ruled that a white teenager who burned a cross on a black family's front lawn (committing a hate crime under the St. Paul, Minnesota ordinance making it a crime to engage in hate speech and expression) couldn't face charges under that law b/c the First Amendment prevents gov'ts from silencing speech on the basis of content

Reed v. Reed (1971)

Court ruled that an Idaho law granting a male parent automatic preference over a female parent as the administrator of their deceased child's estate violated the equal protection clause of the 14th Amendment

Tennessee v. Lane (2004)

Court ruled that disabled persons could sue states that failed to make reasonable accommodations to ensure that courthouses are handicapped accessible

Brown v. Board of Education II (1955)

Court ruled that racially segregated systems must be dismantled "with all deliberate speed"

Abington School District v. Schempp

Court ruled that state-mandated Bible reading or recitation of the Lord's Prayer in public schools was unconstitutional

Barron v. Baltimore (1833)

Court ruled that the Bill of Rights limited only the actions of the U.S. gov't and NOT those of the state

Dred Scott v. Sandford

Court ruled that the Missouri Compromise (prohibited slavery north of a set geographical boundary) was unconstitutional; added that slaves were not U.S. citizens (and therefore could not bring suits in federal court)

D.C. v. Heller (2008)

Court ruled that the Second Amendment protected an individual's right to own a firearm for personal use in D.C.

Christian Legal Society v. Martinez (2010)

Court ruled that the University of California Hastings College of Law could deny recognition and funding to the Christian Legal Society B/C the group limited its membership to those who shared a common faith orientation (under Chief Justice John Roberts)

Palko v. Connecticut

Court ruled that the due process clause bound states only to those rights that were "of the very essence of scheme or ordered liberty."

Engel v. Vitale (1962)

Court ruled that the recitation in public school classrooms of a brief nondenominational prayer drafted by the local school board was unconstitutional

Miller v. California (1973 - under Nixon)

Court set out a test redefining obscenity; justices concluded that lower courts must ask "whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by state law" (courts would also determine "whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value")

Gratz v. Bollinger (2003)

Court struck down University of Michigan's undergrad point system (which gave minority applicants twenty automatic points simply b/c they were minorities)

Webster v. Reproductive Health Services (1989)

Court upheld state-required fetal viability tests in the second trimester, even though these tests increased the cost of an abortion considerably; upheld Missouri's refusal to allow abortions to be performed in state-supported hospitals or by state-funded doctors or nurses

Schenck v. U.S. (1919)

Court upheld the Espionage Act, ruling that Congress had a right to restrict speech of such nature as to create a clear and present danger that will bring about the substantive evils that Congress has a right to prevent

Korematsu v. U.S. (1944)

Court upheld the constitutionality of camps interning Japanese Americans, Italian Americans, and German Americans (Justice Hugo Black noted that "all legal restrictions which curtail the civic rights of a single racial group pare immediately suspect" and should be given "the most rigid scrutiny")

Grutter v. Bollinger (2003)

Court voted to uphold the constitutionality of the University of Michigan's Law School admissions policy (which gave preference to minority applicants)

"Inevitable discovery"

Courts may allow illegally seized evidence if such evidence would likely have been discovered in the course of continuing investigation

Great Compromise

Created a bicameral legislature

What does the Americans with Disabilities Act mandate? A. Gov't-provided health care for those with mental or physical disabilities B. Grants for Americans with disabilities to attend college or trade school C. Affirmative action in employment decisions on the basis of disability D. Access to public facilities for those with mental or physical disabilities

D

What is the primary driving force behind MALDEF? A. Eliminating poverty and homelessness B. Preventing gender discrimination C. Expanding employment opportunities for immigrants D. Ensuring civil rights for Hispanics

D

What was the practical effect of the 1964 Civil Rights Act? A. Eliminating African American suffrage in the South B. Withholding gov't funds from discriminatory programs C. Authorizing state attorneys to sue for damages caused by segregation D. Ending discrimination in public accommodations

D

When are presidents least likely to have success in getting their agendas enacted by Congress? A. During the president's first term B. In the first few weeks of the new Congress C. When Congress and the president are members of the same party D. When the president is a lame duck

D

Which U.S. Supreme Court decision was the first to find a woman's right to have an abortion is protected by the Constitution? A. Webster v. Reproductive Services B. Planned Parenthood of Southeastern Pennsylvania v. Casey C. Lawrence v. Texas D. Roe v. Wade

D

Which act was an attempt by Congress to counter some of the Supreme Court rulings that allowed the gov't to limit citizens' abilities to exercise their religion as they see fit? A. Lemon Act B. Military Commissions Act C. USA PATRIOT Act D. Religious Freedom Restoration Act

D

Which amendment gave women the right to vote? A. Twentieth B. Twelfth C. Fourteenth D. Nineteenth

D

Which of the following best summarizes the USA PATRIOT Act? A. It was passed in the wake of the September 11, 2001 terrorist attacks in order to protect and enhance freedom of speech B. It enhances civil liberties in order to improve military recruitment and morale C. It prevents doctors, libraries, colleges, telephone companies, and other private parties from giving the gov't private information about American citizens. D. It restricts civil liberties in an effort to promote security

D

Which of the following constitutional amendments contains the equal protection clause, which prohibits states from denying any person within its jurisdiction the equal protection of the laws? A. 10th B. 1st C. 16th D. 14th

D

Which of the following includes a general staff that helps the president oversee the executive branch? A. The White House Staff B. The Joint Chiefs of Staff C. The Cabinet D. The Executive Office of the President

D

Which of the following practices is regulated most directly by the establishment clause? A. Use of peyote in religious ceremonies B. Holding Jewish religious services in prisons C. Polygamy D. Prayer in public schools

D

Which of the following searches is prohibited without a warrant? A. Possible drunk driving situations B. To search an open field C. A border patrol officer seeking to search a suspicious van D. Attaching a GPS tracking device to a vehicle

D

A law that creates an alternative public school that is restricted to African American students would likely be subject to which standard of review? A. Intermediate standard B. Rational basis C. Minimal rationality D. Strict scrutiny

D (deals with fundamental freedoms)

What did the Framers envision with Congress, the president, and the judiciary?

Each would have discrete powers and one branch would be able to hold the others in check

Gideon v. Wainwright (1953)

Earl Gideon was not granted an attorney and found guilty; Gideon drafted and mailed a writ of certiorari to the Supreme Court asking to overrule his conviction and they did (unanimous conviction)

Military Commissions Act of 2006

Eliminated the right to challenge detention, transfer, treatment, trial, or conditions of confinement" of detainees; returned federal gov't activity in tribunals (trials of enemy combatants) from the Supreme Court to the executive branch

Who sent out the call for the first woman's rights convention?

Elizabeth Cady Stanton and Lucretia Mott

In 1940, what did the Supreme Court observe about the First Amendment? (what 2 concepts?)

Embraces two concepts: freedom to believe and freedom to act

What did the Court's decision in Gonzales v. Carhart do?

Empowered gov'ts to enact new regulations on abortion and contraceptives

After Webster v. Reproductive Health services, states began to?

Enact more restrictive legislation

Following Furman, what did several state legislatures do?

Enacted new laws designed to meet the Court's objections to the arbitrary nature of the sentence

What is the ERA?

Equal Rights Amendment

Pardon

Executive grant releasing an individual from the punishment or legal consequences of a crime before or after conviction and restores all rights and privileges of citizenship

Presidential directives

Executive orders issued by a president with the advice and consent of the National Security Council; they state the president's national security policy (so they are often classified)

What three types of public pronouncements can presidents issue?

Executive orders; presidential directives; signing statements

"Taking the Fifth" is shorthand for?

Exercising one's constitutional right not to self-incriminate ("as broad as the mischief against which it seeks to guard")

Who shifted the presidency into a law- and policy-making role?

FDR (when he sent his first legislative package to Congress, breaking the traditional model of law-making)

Libel

False written statement that defames the character of a person

Cooper v. Aaron

Filed by Little Rock School Board and asked the federal district court for a delay of two and 1/2 years in implementing desegregation plans; state's actions were ruled unconstitutional and its "evasive schemes" illegal

Establishment clause

First clause of the FIRST Amendment; it directs the national gov't not TO sanction an official religion

Brown v. Board of Education (1954)

Five cases brought from different areas of the South and border states involving public elementary or HS systems that mandated separate schools for blacks and whites

Civil Rights Cases (1883)

Five separate cases involving convictions of private individuals found to have violated the Civil Rights Act by refusing to extend accommodations to African Americans in theaters, a hotel, and a R.R.

What precedents did George Washington set for future presidents?

He took every opportunity to establish the primacy of the national gov't (established the idea of federal supremacy and authority of the executive branch); began the practice of regular meetings with his advisers (thus establishing the Cabinet system); asserted the chief executives prominent role in the conduct of foreign affairs; claimed the powers of the presidency as the basis for establishing a policy of strict neutrality (when the British and French were at war)

15th Amendment

Guaranteed the right of citizens to vote regardless of their race, color, or previous servitude; NO MENTION of sex (gender - so women were not included)

Free exercise clause

Guarantees citizens that the national gov't will not interfere with their practice of religion

Sixth Amendment

Guarantees to an accused person "the Assistance of Counsel in his defense" AND the right to a speedy trial (in the past, this meant only that an individual could hire an attorney - now Congress requires federal courts to provide an attorney for defendants who could not afford one)

Fourth Amendment

Guards against unreasonable search and seizure (it protects "the right of people to be secure in their persons, houses, papers, and effects;" also provides guidelines regarding obtaining a warrant in order to conduct a search)

What are examples of oversight?

Hearings; reports on practices and operations; informal contact between committee members and agency administrators; increased staff or congressional offices

Roth v. U.S. (1957)

Held that to be considered obscene, the material in question had to be "utterly without redeeming social importance" (articulated a new test for obscenity - got rid of the old English common-law approach to what is obscene)

What are the three reasons why Paul Jacob believes there should be term limits for members of Congress?

Help bring more women and minorities into politics; brings more and fairer competition (races are closer, more candidates running, fewer single candidate races); reduces partisanship, gridlock, and special interest influence

What was the first case strategized by the NAACP LDF?

H.M. Sweatt (AA mail carrier who applied for admission to all white University of Texas Law School and was rejected on racial grounds; Sweatt sued; was offered for the creation of a new school; Sweatt declined and chose to continue his legal challenge)

Who was the first woman elected to the Senate?

Hattie Caraway in 1931

Business necessity means?

Have a demonstrable relationship to successful performance of a particular job (in response to the Duke Power Company requiring employees to have a HS education or pass a special test to be eligible for promotion)

How did FDR personalize the presidency and establish a new relationship between the president and the people?

He spoke directly to the public (in his radio addresses a.k.a. fireside chats) in a relaxed and informal manner about serious issues

Power to Make Treaties

President has power to make treaties with foreign nations with at least 2/3 of Senate members' approval; president can also "receive ambassadors" (allows the president to recognize the existence of other nations)

Appointment Power (who can the president remove?)

President has the power to make appointments (with advice and consent of the Senate) in order to enforce laws passed by Congress; President ALSO holds the power to remove any of his appointees at will

Power to Convene Congress

President has to inform the Congress periodically of "the State of the Union" and president has the authority to convene either one or both houses of Congress on "extraordinary occasions."

War Powers Resolution

President is limited in the deployment of troops overseas to a 60-day period in peacetime (can be extended for an extra 30 days to permit withdrawal) UNLESS Congress explicitly gives its approval for a longer period (passed by Congress in 1973)

United States v. Curtiss-Wright

President is the "sole organ" in conducting foreign affairs

Who is the official chair of the Senate?

President pro tempore

What comprises the NSC?

President; VP; secretaries of state, defense, and treasury (chair of the Joint Chiefs of Staff and the director of CIA also participate)

What has been the governmental trend for decision making to assume greater importance? When did this trend start?

Presidential (as opposed to congressional); start of this trend can be traced to the fourth-term presidency of FDR

Missouri Compromise of 1820

Prohibited slavery north of the geographical boundary at 36 degrees latitude (allowed Missouri as a slave state)

Eighth Amendment

Prohibits cruel and unusual punishment

What was a major component of the LDF's strategy?

Prove that the intellectual, psychological, and financial damage done to African Americans as a result of segregation prevented any court from finding that the separate-but-equal policy was consistent with the intent of the 14th Amendment's equal protection clause

Nowadays, the Court appears to be willing to support (religious) programs as long as they?

Provide aid to religious and nonreligious schools alike (and the money goes to the persons who exercise free choice over how it is used)

Seventeenth Amendment

Provided for direct election of senators by voters a.k.a. popular election (used to be that state legislatures chose them b/c Framers intended senators to represent their states' interests in the Senate)

Emancipation Proclamation

Provided that all slaves in states still in active rebellion against the U.S. would be freed automatically on 1/1/1863

In 2003, how did the Court narrow the definition outlined in R.A.V. v. City of St. Paul?

Ruled that state gov'ts could constitutionally restrict cross burning when it occurred with the intent of racial intimidation

What did the Supreme Court rule about peonage laws?

Ruled that they amounted to debt bondage or indentured servitude and were unconstitional

What was the difference between the SCLC and the NAACP?

SCLC had a southern base (NAACP had a northern base) and was rooted more closely in black religious culture

If libel is spoken, it is?

SLANDER (untrue SPOKEN statements that defame the character of a person)

Which was perceived as more radical: SCLC or SNCC?

SNCC

Difference between the SCLC and SNCC?

SNCC was much more of a grassroots organization (SCLC generally worked with church leaders in a community); SNCC tended to focus its organizing activities on the young, both black AND white (SCLC was not as radical as the SNCC)

SNCC stands for?

Student Nonviolent Coordinating Committee

What was the first sit-in for civil rights?

Students (from all-black North Carolina Agricultural and Technical College in Greensboro) went to a local lunch counter, sat down, and ordered cups of coffee; they were not served, but stayed until closing

What is the VP's major function?

Succeed the president in the event of his death or disability

Voting rights are known as?

Suffrage

What were the racist and nativist overtones of the suffrage movement?

Suffragists argued that if undereducated African American men and immigrants could vote, why couldn't women?

Plessy v. Ferguson

Supreme Court case that challenged a Louisiana statute requiring that R.R. provide separate accommodations; found that "separate-but-equal" accommodations did NOT violate the equal protection clause of the 14th Amendment

Furman v. Georgia (1972)

Supreme Court effectively put an end to capital punishment in the short run (Court ruled that b/c the death penalty was often imposed in an arbitrary manner, it constituted cruel and unusual

Swann v. Charlotte-Mecklenburg School District (1971)

Supreme Court ruled that all vestiges of state-imposed segregation (de jure discrimination or discrimination by law) must be eliminated at once; also ruled that lower federal courts had the authority to fashion a wide variety of remedies (busing, racial quotas, pairing of schools) to end dual, segregated school systems

U.S. v. Nixon - what did the Supreme Court rule in terms of executive privilege?

Supreme Court ruling on power of the president, holding that no absolute constitutional executive privilege allows a president to refuse to comply with a court order to produce information needed in a criminal trial

Hernandez v. Texas (What did the Court rule?)

Supreme Court struck down discrimination based on race and ethnicity; Court ruled unanimously that Mexican Americans had the right to a jury that included other Mexican Americans

Who headed the NAWSA?

Susan B. Anthony (National American Woman Suffrage Association)

Who formed the National Woman Suffrage Association (NWSA)?

Susan B. Anthony; Elizabeth Cady Stanton

What were some of Lincoln's legally questionable acts?

Suspended the writ of habeas corpus (allows those in prison to petition for release; he cited the need to jail persons suspected of disloyal practices); expanded the size of the U.S. Army above congressionally mandated ceilings; ordered a blockade of southern ports WITHOUT the approval of Congress; closed the U.S. mail to treasonable correspondence

Select/Special communities

Temporary committees appointed for specific purposes (such as investigating the 9/11 attacks)

Personalities and leadership of mediocre presidents?

Tend to regard the White House as "a stage for the presentation of performances to the public" or a fitting honor to cap a career

Direct incitement test

Test holding that the First Amendment protects advocacy of illegal action unless imminent lawless action is intended and likely to occur (Bradenburg v. Ohio)

What does the presidential establishment include?

The VP and his staff; the Cabinet; the first lady and her staff; Executive Office of the President; White House staff

What do those in support of the continued use of Guantanamo Bay (black site) argue?

The detainees are unlawful combatants and not war criminals subject to the provisions of the Geneva Convention

What did the Court rule in 1879 when it was called on to interpret the free exercise clause and the conviction of a Mormon man under a federal law barring polygamy?

Upheld the conviction; reasoned that the government laws couldn't interfere with mere religious beliefs and opinions but they can with practices

What role does the President have in the legislative process?

Uses national endorsement to influence legislative process

Mandates are usually? Landslide elections?

Usually more rhetoric than reality; a landslide election does not guarantee consistent public support

Who is the presiding officer of the Senate?

VP of the U.S.

What else did people start to question in the decades following the Missouri Compromise (other than slavery)?

Women's rights

Fighting words

Words that "by their very utterance inflict injury or tend to incite an immediate breach of peace"

What did the founders of NOW seek to to?

Work within the political system to prevent discrimination

Over the years, the Court has employed what in determining what the gov't can and cannot regulate?

Hierarchial approach

Tinker v. Des Moines Independent Community School District (1969)

High school students could wear black armbands to protest the Vietnam War (symbolic speech)

Is the average age of Congress higher or lower than the American public?

Higher

House or Senate: procedures are becoming more efficient?

House

House or Senate: turnover is relatively high, although those seeking reelection almost always win?

House

Is the following a duty of the House or the Senate or both: initiates all revenue bills?

House

Is the following a duty of the House or the Senate or both: initiates impeachment procedures and passes articles of impeachment?

House

Which emphasizes tax and revenue policy, the House or the Senate?

House

Which has a committee on rules fairly powerful in controlling time and rules of debate the House or the Senate?

House

Which has members who are highly specialized, the House or the Senate?

House

Which has power distributed less evenly, the House or the Senate?

House

Which is more centralized, more formal, and has stronger leadership, the House or the Senate?

House

Which is more impersonal, the House or the Senate?

House

Under what circumstances can police conduct a warrantless search?

If suspect is committing or about to commit a crime ("reasonable suspicion" - example is a "stop and frisk search); if police obtain consent for a search (in the case of homes, consent must come from ALL occupants present at the time of the search); in places where citizens cannot reasonably expect privacy (firefighters can enter your home to fight a fire without a warrant BUT they must obtain a warrant to investigate the cause of the fire before reentering the house)

What was the single largest anti-death-penalty action since the Court's decision in Gregg v. Georgia?

Illinois Governor Ryan commuted the sentences of 167 death-row inmates (gave them live in prison instead)

What was most noteworthy about Webster v. Reproductive Health Services?

Justice Antonin Scalia publicly rebuked Justice Sandra Day O'Connor (his colleague who was then the only woman on the Court) for failing to provide the critical 5th vote to overrule Roe

Who was the lone dissenter in the Plessy v. Ferguson case? (ruled that "separate-but-equal" accommodations did not violate 14th Amendment) What did the judge write?

Justice John Marshall Harlan; argued that "the Constitution is colorblind" and that is was senseless to hold a constitutional a law "which, practically, puts the badge of servitude and degradation upon a large class of our fellow citizens"

Who hailed privacy as "the right to be left alone - the most comprehensive of rights and the right most valued by civilized men" in 1928?

Justice Louis Brandeis

In what issues does the Court hold fast to the rule of strict separation between church and state?

Mandatory prayer in school

How long can a VP be president for?

Maximum of ten years (two years of a president's remaining term and two elected terms) OR more than two years of a president's term followed by one elected term

What is DADT? ("Don't Ask, Don't Tell")

Military would no longer ask gays and lesbians if they were homosexual BUT barred them from revealing their sexual orientation under threat of discharge

Senate is nicknamed the?

Millionaires club

The EOP is a mini?

Mini-bureaucracy of advisers

What standard of review was used in Romer v. Evans?

Minimum rationality standard

Rational basis is also known as?

Minimum rationality test

Who is the Majority Leader in the Senate?

Mitch McConnell from Kentucky

What was the new organization called when the National and American Woman Suffrage Associations merged?

NAWSA (National American Woman Suffrage Association)

What was one of the most active groups lobbying on behalf of women during the progressive er?

NCL (National Consumers League_

Are affirmative actions constitutional?

NO

Are the duties of the Speaker of the House listed in the Constitution?

NO

Can a judge make mention of a criminal defendant's failure as evidence of guilt?

NO

Can firefighters reenter your home to investigate the cause of the fire without a warrant?

NO

Can lawyers imply that a defendant who refuses to take the stand must be guilty or have something to hide?

NO

Can police implant GPS tracking devices on criminal suspects' vehicles?

NO

Could the modern presidency operate without a large staff of assistants and experts?

NO

Did Elizabeth Cady Stanton live to exercise her right to vote?

NO

Did the call for "woman suffrage" win unanimous approval at the Seneca Falls Convention?

NO

Did the federal gov't follow the pledge made in the Northwest Ordinance of 1787?

NO

Do courts require search warrants in possible drunk driving situations?

NO

Do criminal defendants have to take the stand at trial to answer questions?

NO

Do people detained as enemy combatants have access to the evidence against them?

NO

Has the Court interpreted speech and press clauses as absolute bans on gov't regulation?

NO

Have American Indians fared well in religious freedom?

NO

Is a line item veto constitutional according to the U.S. Supreme Court?

NO

Is gerrymandering legal?

NO

Is the cabinet used as a collective decision-making body?

NO

Is the free exercise clause of the First Amendment absolute?

NO

Was there an executive branch of gov't under the Articles of Confederation?

NO

Are bills of attainder allowed?

NO (Article I prohibits them)

Are ex post facto laws allowed?

NO (Article I prohibits them)

Based on the Civil Rights Cases, did Congress have authority to outlaw private discrimination in public accommodations?

NO (Court ruled that Congress could only prohibit state or gov't action)

Is the following considered a power of Congress: enforce the laws?

NO (President)

Is the following considered a power of Congress: issue proclamations and executive orders with the force of law?

NO (President)

Is gender subject to the same higher standard of review used in racial discrimination cases?

NO (SO Court ruled the exclusion of women from requirements of the Military Selective Service Act permissible b/c it considered the gov't policy to serve "important gov't objectives")

Is the following considered a power of Congress: interpret the Constitution?

NO (Supreme Court)

Is the following considered a power of Congress: render opinions that generate principles also having the force of law?

NO (Supreme Court)

During colonial times, did colonists' trust standing armies?

NO (and it was evident - colonists viewed local militias as the best way to keep order and protect liberty)

Are Islamic prisoners allowed to hold religious services?

NO (but Catholic, Protestant, Jewish, and Buddhist prison inmates are allowed to)

Do inmates have an automatic right to DNA testing?

NO (but it is within their civil rights to file a lawsuit seeking this relief)

Did the Court overrule Plessy in the cases with the LDF and H.M. Sweatt and George McLaurin?

NO (but they did find that measures taken by the states in each case failed to live up to the strictures of the separate-but-equal doctrines; unanimously ruled that the remedies to each situation were inadequate to afford a sound education)

Did the Court declare that the imposition of the death penalty (even when it appeared to discriminate against African Americans) violated the equal protection clause?

NO (declared that it didn't - even if statistics show clear discrimination, reversal of an individual sentence required demonstration of racial discrimination in that particular case)

Does a trustee have to vote according to the views of their constituents?

NO (is not obligated to)

Can evidence collected under an anticipatory warrant be admissible at trial?

NO (it's a violation of the exclusionary rule)

Even though the Equal Pay Act of 1963 requires employers to pay women and men equal pay for equal work, is it really equal?

NO (there is a large wage gap between women and men)

Are fighting words subject to the restrictions of the First Amendment?

NO (this includes "profanity, obscenity, and threats")

Was the notion of a bill of rights included in the Constitution popular the Constitutional Convention?

NO (when George Mason of Virginia suggested adding such a bill, representatives unanimously defeated his resolution)

Did the alliance between diverse woman's groups stay after the passage of the suffrage amendment in 1920?

NO (women returned to their home groups, like the NCL or Woman's Christian Temperance union); pursued their individual goals

Is the VP an actual member of the Senate? Does he get to vote?

NO and NO

During the 19th century, was the president the center of American gov't? Why or why not?

NO b/c agriculturally based economy; U.S. was not a central player in world affairs; political campaigns were party-centered

Now, is the Senate approval of presidential nominees a quick process? Why or why not?

NO b/c investigations into the nominees' pasts and political wrangling in the Senate can delay approval of nominees for months

According to the Court, are libel, fighting words, and obscenity protected by the First Amendment? Why or why not?

NO; b/c "such expressions are no essential part of any exposition of ideals, and are of such slight social value as a step to truth that any benefit may be derived from them is clearly outweighed by the social interest in order and morality"

Does the Cabinet have an official basis in the Constitution?

NO; but is implied as an informal institution based on practice and precedent whose membership is determined by tradition and presidential discretion

In issues not involving school prayer, is the Court more strict?

NO; has often sidestepped the Lemon test altogether and has appeared more willing to lower the wall between church and state (as long as school prayer is not involved)

Did Brown provide immediate legal change? What did it do?

NO; served as a catalyst for the civil rights movement across the U.S. (especially in the South)

Did the 15th Amendment guarantee suffrage?

NO; simply stated that states could not deny anyone the right to vote on the basis of race or color

According to the decision in Roe v. Wade, can a woman make the decision to have an abortion in the third trimester? BUT?

NO; the state's interest in potential life outweighed a woman's privacy interests; but the Court ruled that abortions to safe the life or preserve the health of the mother were legal

According to the decision in Roe v. Wade, can a woman make the decision to have an abortion in the second trimester?

NO; the state's interest in the health of the mother gave it the right to regulate abortions (but only to protect the woman' health)

What did Governor Orval Faubus (Governor of Arkansas) do to prevent African American students from entering Little Rock's Central High School?

National Guardsmen surrounded the school (announced this the day before school began); governor was adamant against desegregation (even though the federal courts continued to order desegregation)

What does NWSA stand for?

National Woman Suffrage Association

Every U.S. President is concerned with what four fundamental objectives?

National security; fostering a peaceful international environment (by working with international organizations); protection of U.S. economic interests (trade relations); humanitarian concerns and the promotion of democracy throughout the world

What is the only officially bilingual state in the U.S.?

New Mexico

What did Justice Ruth Bader Ginsburg note about her male colleagues?

Noted that they have a "blind spot" regarding women

Who signed into law a formal repeal of DADT?

Obama

RFRA (Religious Freedom Restoration Act) was passed by Congress in response to?

Object many of the Court's rulings on religious freedom

Signing statements

Occasional written comments attached to a bill, when signing legislation

Under which president was the DADT ("Don't Ask, Don't Tell") policy enacted?

President Bill Clinton

How many presidents have died in office from illness or assassination?

8

What combined powers does the president have?

Appointment power; power to convene Congress; power to make treaties; veto power; power to preside over the military (as commander in chief); pardoning power

What are the duties of the Senate?

Approve presidential appointments; approve treaties with foreign nations (by 2/3 vote); act as a court to try impeachments (conviction requires 2/3 vote of Senators present)

In the Senate, how often are incumbents reelected?

Approximately 85% of the time

In the House of Representatives, how often are incumbents reelected?

Approximately 90% of the time

What did opponents of the ERA argue after the passage of Roe v. Wade?

Argued that the ERA and feminists were anti-family and that the ERA would force women out of their homes and into the workforce b/c husbands would no longer be responsible for supporting their wives financially

Partial Birth Abortion Ban Act

Bill to ban (for the first time) a specific procedure used in late-term abortions; President Bill Clinton vetoed the bill numerous times but was eventually passed)

What was long considered a major stronghold of segregation?

Birmingham, Alabama

Right in Washington v. Texas?

Compulsory trial

Right in Pointer v. Texas?

Confrontation of witnesses

Apportionment

Constitutionally mandated process that adjusts the number of seats allotted to each state according to population from the U.S. Census (every 10 years)

What did the Civil Rights Act of 1964 create? To do what?

EEOC (Equal Employment Opportunity Commission); to monitor and enforce the bans on employment discrimination

What was the Framers' solution to how the president should be elected?

Electoral College

Michigan Civil Rights Initiative

Prohibited state colleges and universities from granting preferential treatment to applicants on the basis of race (was ruled constitutional by the Court)

What is the most significant difficulty for Asian and Pacific Island Americans?

Finding a Pan-Asian identity

Presidential CANDIDATES (so in the election) must do what?

Must align themselves with particular segments of the population

NOW was modeled closely after?

NAACP (National Organization for Women)

What is the LDF?

NAACP's Legal Defense and Education Fund

Can a bill become law w/out the consent of both houses of Congress?

NO

Was the "Don't Ask" policy upheld as constitutional?

NO

Are the president's personal assistants subject to Senate confirmation?

NO (they do not have divided loyalties either)

What was the difference between the NWSA and NAWSA?

NWSA focused on a wide variety of expanded rights for women; NAWSA focused itself on securing women suffrage

Where did Puerto Ricans mainly settled?

NYC

What are the major OMB responsibilities?

Preparing the presidents annual budget proposal; assessing the costs of the president's proposals; reviewing the progress, budget, and program proposals of the executive department agencies

Who is the chief lobbyist?

President

President pro tempore

President "for the time" of the Senate in the VP's absence

Who was the first strong national leader who represented more than just a landed, propertied elite?

President Andrew Jackson

Civil rights

Provide freedom from arbitrary or discriminatory treatment by gov't or individuals

What was the EOP's purpose?

Provide the president with a general staff to help him direct the diverse activities of the executive branch

Fifth Amendment

Provides a variety of guarantees protecting those charged with crime

What various things have required the presidency to become a strong office?

Public expectations; national crises; changing conditions

What do people seeking equality perform?

Public protest; civil disobedience; legislative lobbying; appeals to public opinion

Right in In re Oliver?

Public trial

6th Amendment?

Public trial; right to counsel; confrontation of witnesses; impartial trial; speedy trial; compulsory trial; criminal trial

During times of war, what is important to consider?

The liberties accorded to those who oppose war or are suspected of anti-gov't activities

Until Gitlow v. New York, it was (generally) thought that (despite the 14th Amendment)?

The limitations of the Bill of Rights did not apply to the states (after the case, the Court gradually bound states to most of these provisions through a process known as selective incorporation)

Markup sessions

The meetings at which subcommittees and committees actually debate and amend legislation

Without a warrant what may the police search?

The person arrested; things in plain view of the accused person; places or things that the arrested person could touch or reach that are otherwise in arrestee's immediate control

Right to privacy

The right to be left alone (a judicially create principle encompassing a variety of individual actions protected by the penumbras cast by several constitutional amendments, including the 1st, 3rd, 4th, 9th, and 14th Amendments)

Which unstated right does the Second Amendment preserve?

The right to revolt against gov't tyranny

Franking privilege

The right to send mail free of charge

After Gideon v. Wainwright, what did the Court conclude? (Gideon rule)

The state must provide an attorney to indigent defendants in felony cases

Since signing statements happen at the end of the legislative process?

They also represent a largely unchecked way for the president to assert himself in the ongoing power struggle with Congress

Party caucus

conference in which members of each party formally gather to nominate or elect party officers, review committee assignments, discuss party policy, impose party discipline, set party themes, and coordinate media

Naturalization

process of becoming a citizen

Bill

proposed law

Reapportionment

redistribution of representatives among the states based on population change (occurs every 10 years)

Executive orders

rules or regulations set forth by the president that have the effect of law without congressional approval; policies enacted unilaterally (without the agreement of others)

In the words of Justice John Marshall Harlan, symbolic speeches are part of?

the "free trade in ideas"

Minority party

Party with the second most members

What did the cumulative effective of collective actions (sit-ins, boycotts, marches, freedom rides, tragic bombings, lynchings, and other deaths) lead Congress to do?

Pass the Civil Rights Act of 1964; followed by the Voting Rights Act of 1965

Who is the House Speaker?

Paul Ryan from Wisconsin

For how long must members of the Senate be citizens of the U.S.?

At least 9 years

In 2008, the Court ruled that the right to counsel began when?

At the accused's first appearance before a judge

The OMB report allows the president to?

Attach price tags to his legislative proposals and defend his budget

What was one of the key provisions of the Civil Rights Act of 1964?

Authorized the Department of Justice to bring actions against school districts that failed to comply with Brown v. Board of Education

Politico

Dons the hat of a trustee or delegate, depending on the issue

Right in Benton v. Maryland?

Double jeopardy

What is considered presidential action in the making of a great president?

Draw on a range of advisers and opinions; do not act in haste; utilize a formal review process that promotes thorough analysis and debate; rigorously examine reasoning underlying each option

Racial gerrymandering

Drawing legislative districts to maximize the chances of a minority candidate to win an election

Procedural guarantees are also called?

Due process rights

What does the 14th Amendment include?

Equal protection clause

Congressional Budget Act of 1974

Established the congressional budgetary process in use today and created the Congressional Budget Office (CBO)

In the 1960s, what two groups of birth-related tragedies occurred?

European women who took the drug thalidomide while pregnant gave birth to severely deformed babies; in the U.S. a nationwide measles epidemic resulted in the birth of babies with major health problems

Right in Mapp v. Ohio?

Exclusionary rule

EOP stands for?

Executive Office of the President

What did members of the National Consumers League fear?

Feared that an equal rights amendment would invalidate protective legislation of the kind ruled constitutional in Muller v. Oregon

Rules Committee sets?

The parameters for debate in the House

Who does Paul Jacobs believe should set the term limits for members of Congress?

The people (NOT Congress)

U.S. v. Miller (1939) (stating?)

Unanimous Court upheld the constitutionality of the National FireArms Act (which imposed taxes on automatic weapons and sawed-off shotguns); stating that the Second Amendment was intended only to protect a citizen's right to own ordinary militia weapons (which did NOT include sawed-off shotguns)

penumbras

Unstated liberties on the fringes or in the shadows of more explicitly stated rights

Fourteenth Amendment defined?

"Citizen" as by birth and through naturalization

What did Chief Justice Charles Evans Hughes write in DeJonge v. Oregon?

"Peaceful assembly for lawful discussion cannot be made a crime"

The Framers gave the president the veto power only as a?

"Qualified negative"

If a bill passes, it is sent to the president, and he has how long to consider the bill?

10 days

What fraction of the Senate is up for reelection every 2 years?

1/3

As a condition of readmission into the Union after the war, what did the southern states have to ratify?

13th Amendment

When was slavery completely abolished?

13th Amendment (passage and ultimate ratification)

What were the three Civil War amendments?

13th Amendment; 14th Amendment; 15th Amendment

When did Congress ban the slave trade?

1808

When were American Indians U.S. citizens and given the right to vote?

1924 (after the 19th Amendment giving women the right to vote)

When was the 19th Amendment ratified?

1920

What amendments constitute the penumbras that create zones of privacy?

1st; 3rd; 4th; 9th; and 14th Amendments

How long is the term for a member of the House?

2 years

What vote is necessary in the Senate to remove the president from office?

2/3 majority vote

Override of a presidential veto requires what vote in each house of Congress?

2/3 vote (in EACH house)

When the U.S. Supreme Court rule that an individual's constitutional right to privacy prevents states from criminalizing private sexual behavior?

2003 (Lawrence v. Texas)

Which Amendment outlines the succession of the president should their ever be a vacancy?

25th

What is the minimum number of electoral votes necessary to win a presidential election?

270

What is the debate over the length of service in the House?

3 terms or 6 terms

How many members are there in the House of Representatives?

435

How long is the term for a Senator?

6 years

What is the limit on all committee chairs?

6 years

How many days does Congress have to pass a joint resolution of legislative disapproval after the implementation of an administration action (congressional review)? And?

60 days AND the president must also have signed the resolution

How many VP's have assumed the presidency?

9

Which amendments in the Bill of Rights did the Federalists favor?

9 and 10 (notes that the Bill of Rights is not exclusive)

A democracy depends on?

A free exchange of ideas

Niagara Movement

A group of African American intellectuals who took their name from their first meeting place (in Niagara Falls, Ontario, Canada)

Impartial jury

A group of the accused's peers act as a fact-finding, deliberative body to determine guilt or innocence

Strict scrutiny

A heightened standard of review used by the Supreme Court to determine the constitutional validity of a challenged practice

Selective incorporation

A judicial doctrine, whereby most (but not all) protections found in the Bill of Rights are made applicable to the states via the 14th Amendment

What kind of role do modern presidents play in setting the legislative agenda?

A major role

Symbolic speech

A means of expression that includes symbols or signs

Standing committees (permanent or temporary? what do they do?)

A permanent congressional committee that specializes in a particular legislative area (Those to which bills are referred for consideration b/c they continue from one Congress to the next and consider issues roughly parallel to those of the departments represented in the president's cabinet)

In places where no arrest occurs and individuals would have reasonably some expectation of privacy (houses or offices), where must police obtain search warrants from?

A neutral and detached magistrate (PRIOR to conducting more extensive searches)

What modern presidency did FDR create?

A political system in which the president is the central figure in domestic and foreign affairs (Burgeoning federal bureaucracy, an active and usually leading role for the president in both domestic and foreign policy and legislation, and a nationalized executive office that used technology; first radio, then TV, now the internet; to bring the president closer to the public than ever before)

Senatorial courtesy

A process by which presidents generally defer to the senators who represent the state where the vacancy occurs in the federal district court

Anticipatory warrant

A warrant presented by the police yet not authorized by a judge

What is the largest national nonprofit organization lobbying for expanded civil rights for the disabled?

AAPD

Does the USA PATRIOT Act go against or does it support key elements of the due process rights guaranteed by the Fifth Amendment?

AGAINST

Governor George Ryan: was he for or against executions?

AGAINST (he was a proponent but became disturbed by new evidence collected)

What two goals did the NOW direct its activity towards?

Achievement of equality either by passage of an equal rights amendment to the Constitution OR by judicial decisions intended to broaden the scope of the qual protection clause of the 14th Amendment

"Czar" (delegation of authority allows?)

Administrators given authority by the president over important policy priorities (report directly to the president with updates concerning their target areas); delegation of authority allows the president to oversee special interests while spending his time on the pressing issues of state

How do presidents attempt to imprint their notion of political values on the rest of the gov't?

Adopt certain policy positions and push for these policies, in the form of legislation, to become law

Who participated in freedom rides?

African Americans AND white college students from the North

What are the core groups of the Democratic Party?

African Americans; women

Reconciliation

Allows consideration of controversial issues affecting the budget by limiting debate to 24 hours

What can hurt incumbents?

Age, lack of seniority, a scandal, and redistricting

What did the Court do in Gaines's case? What did they order Missouri to do?

Agreed with Gaines's attorneys and ruled that Missouri had failed to meet the separate-but-equal requirements (in Plessy); ordered Missouri to admit Gaines to the school OR set up a law school for him

What did the Bush Administration argue for under the Military Commissions Act of 2006?

Alien victims of torture had significantly reduced rights of habeas corpus

What do executive agreements allow?

Allow the president to form secrete and highly sensitive arrangements with foreign nations without Senate approval

What do "good faith exceptions" to the exclusionary rule do?

Allow the use of tainted evidence in a variety of situations, especially when the police have a search warrant, and in good faith, conduct the search on the assumption that the warrant is valid

"Literacy" or "understanding" tests allowed?

Allowed local voter registration officials to administer difficult reading-comprehension tests to potential voters whom they did not know (some potential voters were asked to rewrite entire sections of the Constitution by hand)

Washington State's Public Records Act

Allowed the gov't to release the names of citizens who had signed a petition in support of a ballot initiative that would have banned gay couples from adopting children

Congressional Review Act of 1996

Allows Congress to exercise its oversight powers by nullifying agency regulations

In what areas did the USA PATRIOT Act curtail specific search and seizure restrictions?

Allows the gov't to examine an individual's private records held by third parties; expands the gov't's right to search private property without notice to the owner; (according to the ACLU) expands a narrow exception to the 4th Amendment that had been created for the collection of foreign intelligence information; expands an exception for spying that collects "addressing info" about where and to whom communications are going (as opposed to what is contained)

What was Proposition 8 in California?

Amended the state constitution to make same-sex marriages illegal (was found unconstitutional by the Supreme Court)

What did William Lloyd Garrison start?

American Anti-Slavery Society

What does AAPD stand for?

American Association of People with Disabilities

What does ACLU stand for?

American Civil Liberties Union

Who were the first true Americans?

American Indians

Which is more conservative: NWSA (National Woman Suffrage Association) or the American Woman Suffrage Association?

American Woman Suffrage Association (founded at the same time as the NWSA to pursue the goal of suffrage)

What does the ADA stand for?

Americans with Disabilities Act

How did African Americans protest the arrest of Rosa Parks?

Boycotted the Montgomery bus system

Cabinet

An advisory group chosen by the president to help him make decisions and execute laws

Mandate

An endorsement by the voters to carry out the policies a candidate campaigned on

What did Southern states view the Court's ruling in the Civil Rights Cases as?

An invitation to gut the reach and intent of the 13th, 14th, and 15th Amendments

For how long must members of the House be citizens of the U.S.?

At least 7 years

How many presidents has the House impeached? Did the Senate remove them from office?

Andrew Johnson and Bill Clinton; NEITHER were removed from office

Who stressed the need for a bill or rights with the increased power of the new national gov't put in place by the Constitution?

Anti-Federalists

The Second Amendment appeased who? (Federalists or Anti-Federalists?)

Anti-Federalists (they feared that the new Constitution would abolish the right to "keep and bear arms" - 2nd Amendment also preserved the unstated right to revolt against governmental tyranny)

Hate speech

Any communication that belittles a person or group on the basis of characteristics

What did the Black Codes empower local law enforcement officials to do?

Arrest unemployed blacks, fine them for vagrancy, and hire them out to employers to satisfy their fines

Where are the ex post facto laws located in the Constitution?

Article I

Where is the writs of habeas corpus located in the Constitution?

Article I

Which Article of the U.S. Constitution describes the structure of the legislative branch of gov't?

Article I

Where is the necessary and proper clause found in the U.S. Constitution?

Article I, section 8

The freedom of assembly permits protests and parades as long as they are ________. A. Inoffensive B. Peaceful B. Tolerant of minorities D. Uncontroversial

B

What did Representative Henry Hyde persuade Congress to do in response to Roe v. Wade?

Ban the use of Medicaid funds for abortions for poor women (Court upheld the Constitutionality of this Hyde Amendment)

What did the NAACP LDF (National Association for the Advancement of Colored People Legal Defense and Educational Fund) believe about African Americans?

Believed that African Americans received the death penalty more frequently than members of other groups

What is the dilemma of representation?

Better educated than general population; wealthier than general population; recent increases in minority representation

What is the legislative process?

Bill is introduced and assigned to a sub-committee; subcommittee studies bill and sends to full committee; full committee considers the bill and if approved sends it to the rules committee (in House ONLY); rules committee decides the nature of debate of the bill; full House votes; full Senate votes; conference committee; full House and Senate vote again; sent to president

Civil Rights Act of 1866 was enacted in Congress in response to?

Black Codes

What did southern states pass to restrict opportunities for newly freed slaves?

Black Codes

What did segregationists nickname the day that the Brown v. Board of Education decision was handed down?

Black Monday

Differences between U.S. Congress and British parliament in terms of selection of chief executive?

British parliament selects "chief executive" (U.S. Congress does not)

What was the most important civil rights case decided in the 20th century?

Brown v. Board of Education

Before TV, radio, and the internet, how did presidents try to reach out to the public to gain support for their programs according to President Theodore Roosevelt?

Bully pulpit

Which courts gradually expanded the Gideon rule?

Burger and Rehnquist Courts

What is possibly the most visible example of symbolic speech?

Burning of the American flag (as an expression of protest)

What has been the practical effect of the Title IX? A. Adding gender to the Constitution for the first time B. Limiting the ability of women to sue for sex discrimination C. Expanded academic and athletic opportunities for women students D. Requiring equal pay for equal work

C

Which amendment extended suffrage to African American men? A. Seventh B. Sixteenth C. Fifteenth D. Fourteenth

C

Which of the following forms of speech is considered protected by the First Amendment? A. Slander B. Obscenity C. Hate speech D. Fighting words

C

Discharge petition

Can force bills out of a House committee (if signed by a majority of the House)

Capital cases

Cases in which the death penalty is a possibility

Suspect classifications

Category or class (such as race) that triggers the highest standard of scrutiny from the Supreme Court

Research by political scientists shows that presidents are much more likely to win on bills?

Central to their announced agendas rather than to secure passage of legislation proposed by others

Griswold v. Connecticut (1965)

Challenge to the constitutionality of a Connecticut law prohibiting the dissemination of info about and/or the sale of contraceptives; this Connecticut law was ruled unconstitutional (b/c it violated marital privacy)

Dred Scott v. Sandford (1857)

Chief Justic Roger B. Taney listed the right to own and carry arms as a basic right of citizenship

Why is the Schenck v. U.S. court case famous?

Chief Justice Oliver Wendell Holmes's comment that the false cry of "Fire!" in a crowded theater would NOT be protected speech

What roles does the president play?

Chief Law Enforcer; Leader of the Party; Commander in Chief; Shaper of Public Policy; Key Player in the Legislative Process; Chief of State

What are the constitutional powers of the president?

Chief executive; commander in chief; convene Congress; Chief of State; veto legislation; appoint (judges, ambassadors, cabinet members); make treaties; grant pardons

Who presides over impeachment cases?

Chief justice (of the U.S. Supreme Court)

President has come to be seen as the country's?

Chief legislator

What were the targets of progressive reform?

Child labor; concentration of economic power in the hands of a few industrialists; limited suffrage; political corruption; business monopolies; prejudice against African Americans

Party leaders in House and Senate are?

Coalition builders NOT autocrats

What are the 3 stages to getting a bill passed into law?

Committee Referral; Floor Debate; Final Approval

Congressional review

Congress can nullify agency regulations and actions of the Washington D.C. City Council

Differences between Congress and British Parliament in terms of party affiliation?

Congress members conduct their campaigns semi-independent of their affiliated party; members of Parliament are more or less bound to represent the national party platform

First Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof

Why does John R. Hibbing believe that there should NOT be term limits for members of Congress?

Congressional experience (senior members know the legislative process well and accomplish more); uncertain consequences of term limits for representation (setting limits would embolden representatives, giving them the nerve to go against public opinion); public opinion of Congress will not necessarily improve given the lack of experience to move legislation through

Who was one of the last states to do away with laws outlawing contraceptives?

Connecticut

(2010) What did the Court rule about erecting a cross on a WWI memorial on federal lands?

Constitutional

The expression of ideas through speech and the press is a?

Cornerstone of a free society

Craig v. Boren (1976)

Created an intermediate standard of review (within what was previously a two-tier system of strict scrutiny and rational basis)

What does the EOP include?

Council of economic advisers; national economic council; national security council (NSC); office of management and budget (OMB)

Minority leader (created by the constitution?)

Counterpart of the majority leader with the second highest number of seats; not a constitutionally created post but an important political position

Weeks v. U.S. (1914)

Court adopted the exclusionary rule (Court reasoned that allowing police and prosecutors to use "the fruits of a poisonous tree" or a tainted search would only encourage that activity)

Muller v. Oregon

Court agreed with the NCL and argued that long hours at work could impair a woman's reproductive capabilities (upheld the conviction of Curt Muller for employing women more than 10 hours a day in his small laundry)

Lemon v. Kurtzman (1971)

Court carved out a three-part test for laws dealing with religious establishment issues

Regents of the University of California v. Bakke (1978)

Court concluded that Bakke's rejection had been illegal b/c the use of strict quotas was inappropriate (the medical school, however, was free to "take race into account")

Roe v. Wade (1973)

Court decided that women had a constitutionally protected right to privacy that included the right to terminate a pregnancy

Brandenburg v. Ohio (1969) (which test?)

Court fashioned a the direct incitement test for deciding whether the gov't could regulate certain kinds of speech

Near v. .Minnesota

Court further developed incorporation doctrine (Interpretation of the Constitution holding that the due process clause of the 14th Amendment requires states and local gov'ts to guarantee the rights stated in the Bill of Rights) by holding that a state law violated the First Amendment's freedom of the press

Lawrence v. Texas

Court reversed an earlier ruling, finding a Texas statute banning sodomy to be unconstitutional

Gonzales v. Carhart (2007)

Court upheld the Partial Birth Abortion Ban Act

Right in Duncan v. Louisiana?

Criminal trial

Presidential popularity generally follows a?

Cyclical pattern

Which statement best describes the constitutional provision guaranteeing the right to privacy? A. Privacy is mentioned in the Preamble to the Constitution B. The right to privacy is protected by the Second Amendment C. Both the Fourth and Fifth Amendments specifically protect privacy D. The right to privacy is not specifically enumerated in the Constitution

D

Why do senators place holds on bills? A. To permit senators to cast their ballots last B. To signal to their constituents that they are taking the issue seriously C. To signal their intention to vote for a bill D. To win concessions on a bill

D

What did the Military Commissions Act of 2006 allow the gov't to do?

Declare permanent resident aliens to be enemy combatants and enabled the gov't to jail these people indefinitely without any opportunity to file a writ of habeas corpus

DOMA stands for?

Defense of Marriage Act

Black Codes

Denied most legal rights to newly freed slaves by prohibiting African Americans from voting, sitting on juries, or even appearing in public places

Grandfather clauses effectively?

Denied the descendents of slaves the right to vote

What was the purpose of the Fourth Amendment?

Deny the national gov't the authority to make general searches

What did Uncle Tom's Cabin do?

Depicted the evils of slavery

What was the Emancipation Proclamation designed to do?

Designed to gain favor for the war in the North but did not free all slaves (only freed those who lived in the Confederacy)

What is the purpose of the exclusionary rule?

Deter police misconduct

Divided gov't

Different political parties control the presidency and Congress

National security

Direct protection of the U.S. from external threats

de facto discrimination

Discrimination that results from practice (housing patterns or private acts)

Whips

Elected party members in caucuses and assist the Speaker and majority and minority leaders in their leadership efforts

Which president ran successfully in four elections?

FDR

Who established the EOP?

FDR (to oversee his New Deal programs)

Do statutory rape laws apply to male, female, or all victims?

FEMALE ONLy

Why did the 14th Amendment face opposition? From whom?

Faced opposition from many women b/c it failed to guarantee them (women) suffrage

What is DOMA? (Defense of Marriage Act)

Federal law that defined marriage as between one man and one woman

Reconstruction

Federal occupation of the South

Interest groups in the legislation process?

Forward a particular issue and are valued by legislators

New York Times C. v. Sullivan

First major libel case considered by the Supreme Court; Court overturned a conviction (accusing Alabama officials of physically abusing AA during civil rights protests) and established that a finding of libel against a public official could stand only if "actual malice" (or a knowing disregard for the truth) was shown

Executive agreements

Formal international agreements with a foreign chief of state entered into by the president that do not require the advice and consent of the U.S. senate

Civil Rights Act formally?

Formally made African American citizens of the U.S. and gave Congress and the federal courts the power to intervene when states attempted to restrict the citizenship rights of male African Americans (in matters such as voting)

Which president was famously pardoned by President Gerald R. Ford?

Former President Richard M. Nixon (hadn't been formally charged with any crime)

Yick Wo v. Hopkins

Found that a law passed by city of San Francisco banning laundries operating in wooden buildings (2/3 of which were owned by persons of Chinese ancestry) was a violation of the 14th Amendment since one ethnic group was being targeted

FLAG stands for?

Free Legal Assistance Group

amicus curiae

Friend of the court

What did the SCLC and SNCC seek from the U.S. Supreme Court?

Full implementation of decisions dealing with race AND an end to racial segregation and discrimination

What kind of statutory classification was at issue in Brown v. Board of Education?

Fundamental freedoms and suspect classifications

Programmatic requests

Funds that an appropriations bill designates for specific projects within a state or congressional district

Is the political involvement of Indian tribes most likely going to grow or decrease?

GROW (as their casinos and profits of those ventures proliferate)

Over the years, has the Cabinet grown or shrunken?

GROWN (alongside the responsibilities of the national gov't)

Has the presidential power grown or decreased in scope?

GROWN (especially in the 20th century)

The Sectional Compromise

Gave Congress the power to regulate commerce with a simple majority vote in exchange for permitting the slave trade for at least twenty years

Who set the traditional two-term limit for presidents?

George Washington (sought reelection only once)

What did the NCL successfully lobby for in the state of Oregon?

Legislation limiting women to 10 hours of work per day

Observers viewed which case ruling as a significant step toward reversing Roe v. Wade?

Gonzales v. Carhart

Which outweighs the other according to the U.S. Supreme Court: gov't interests vs. free exercise rights?

Gov't interests can outweigh free exercise rights

What is the story of Lloyd Gaines?

Grad of Missouri's all-black Lincoln University who applied to the all-white University of Missouri Law School; was rejected but school offered to build a law school at Lincoln (in the separate-but-equal spirit; but no funds were allocated to this project) or pay his tuition at an out-of-state law school; Gaines refused the offer, sued, lost in lower courts, and appealed to U.S. Supreme Court

Civil Rights Act of 1875 was designed to?

Grant equal access to public accommodations (theaters, restaurants; transportation); prohibited exclusion of African Americans from jury service

Who wrote Uncle Tom's Cabin?

Harriet Beecher Stowe

What did Benjamin Gitlow (member of the Socialist Party) do? (convicted?)

He printed copies of a manifesto urging workers to overthrow the U.S. gov't; he was convicted of violating a NY state law that prohibited such advocacy

As the informal leader of his party, what should the president do?

He should build coalitions in Congress (where party loyalty is very important)

Presidential influence on national policy is?

Highly variable

Majority leader in the House (what do they do?)

Head of the party controlling the most seats in the House; helps the Speaker schedule proposed legislation for debate on the House floor

Presidential popularity impacts?

His/her persuasive power

What is the largest minority group in the U.S.?

Hispanic Americans

What helped convince President J.F. Kennedy to propose important civil rights legislation?

Horrifying images of officers using dogs, clubs, and fire hoses against PEACEFUL African American protestors in Birmingham, Alabama (led by King)

According to one Justice Department memo, when were interrogation practices considered illegal?

If they produced pain equivalent to that with organ failure or death

How much power a VP has depends on?

How much the president is willing to give

When can police use "reasonable suspicion" (rather than probable cause) to conduct a warrantless search?

If police suspect that someone is committing or is about to commit a crime ("stop and frisk" searches)

Pork-barrel legislation

Legislation that benefits one state or district

Right in Parker v. Gladden?

Impartial trial

What is Congress's ultimate oversight of the U.S. president and federal court judges?

Impeachment

National Firearms Act (1934)

Imposed taxes on automatic weapons and sawed-off shotguns

What did those opposed to the necessary and proper clause argue?

Impossible to have a just conception of these powers (or number of laws)

When can presidents not exercise their pardoning power?

In cases of impeachment (cannot be pardoned)

What did African American Muslim leader Malcom X argue?

In order to survive, African Americans must separate themselves from white culture in every way

Where is power centralized in the House?

In the Speaker's inner circle of advisors

DeJonge v. Oregon (1937)

Incorporated the First Amendment's freedom of assembly clause

Who is reelected more often, incumbents or people running for the first time?

Incumbents

Under what doctrine did Abraham Lincoln justify circumventing the Constitution during the Civil War?

Inherent Powers

What did the Civil Rights Act of 1964 authorize the Department of Justice to do?

Initiate lawsuits to desegregate public facilities and schools

Informed Voter Law

Instruct members of Congress to support 3 term limit; procedure for informing voters if their instructions are disregarded

What standard of review was used in Craig v. Boren?

Intermediate standard

What poses a challenge to the Miller test?

Internet (b/c users in one state may easily access info generated in another state)

Incorporation doctrine

Interpretation of the Constitution holding that the due process clause of the 14th Amendment requires states and local gov'ts to guarantee the rights stated in the Bill of Rights

What deepened the cultural and political differences (an animosity) between the North and the South?

Invention of cotton gin (made South more dependent on agriculture with cheap slave labor); increasing industrialization in the North

Voting Rights Act Amendment

Investigated racial gerrymandering

According to the Lemon test, a practice or policy is constitutional IF?

It had a legitimate secular purpose; neither advanced nor inhibited religion; and did not foster an excessive gov't entanglement with religion

Who does the president tend to rely on to formulate policy?

Large White House staff

Who was the prime author of the Bill of Rights?

James Madison (although he was reluctant at first - he viewed his work on it as "a nauseous project")

Who was the first president to grant his VP more than ceremonial duties?

Jimmy Carter

Substantive due process (interpretation of which amendments?)

Judicial interpretation of the 5th and 14th Amendments' due process clauses that protects citizens from arbitrary or unjust state or federal laws

Resolution of civil liberties often falls to the?

Judiciary (which must balance the competing interests of the gov't and the people)

Right in Chicago B&Q R.R. Co. v. Chicago?

Just compensation

5th Amendment?

Just compensation; self-incrimination; double jeopardy; grand jury indictment

What did the SCLC's philosophy reflect?

King's growing belief in the importance of nonviolent protest and civil disobedience

Is it more or less difficult to sue someone for libel in Great Britain vs in the U.S.?

LESS difficult

In recent years, is the Court more or less willing to support the standards of symbolic speech established in Tinker? Example?

LESS; "Bong Hits 4 Jesus" case (Court ruled that a student's free speech rights were not violated when a school suspended him for displaying what the Court characterized as a "sophomoric" banner at an Olympic torch relay parade)

Cabinet members have limited or expert areas of expertise?

LIMITED

What is part of the reason why the Articles failed?

Lack of a strong executive

What happens in a "stop and frisk" search?

Law enforcement agents stop pedestrians and search for weapons and contraband

What was the first challenge on the constitutionality of Jim Crow laws by the NAACP?

Law schools

Bills of attainder

Laws declaring an act illegal without a judicial trial

Sedition laws

Laws that made it illegal to speak or write any political criticism that threatened to diminish respect for the gov't, its laws, or public officials

LULAC stands for?

League of United Latin American Citizens

What did the Framers intend the Bill of Rights to do?

Limit the national gov't's power to infringe on the rights and liberties of the citizenry

House of Representatives has what kind of debate?

Limited

Twenty-Second Amendment

Limits presidents to 2 4-year terms

Who was called "the little woman who started the big war?" By who?

Lincoln called Stowe that (author of Uncle Tom's Cabin)

Presidential Succession Act

Lists (in order) those in line to succeed the president

Do draft registration provisions apply to females, males, or both?

MALES ONLY

Cotton gin

Machine invented in 1793 that separated seeds from cotton very quickly

Burwell v. Hobby Lobby Stores

Made it more difficult for women to access contraception

Modern presidential election campaign is a?

Marathon affair

During the progressive era and in addition to the rapidly growing temperance movement, woman's groups sprang up to seek goals such as?

Maximum hour or minimum wage laws for women; improved sanitation, public morals, and education

What does going public mean for the president?

Means that a president bypasses the heads of members of Congress to gain support from the people, who can then place pressure on their elected officials

Cloture

Mechanism by which a filibuster is cut off in the Senate (vote of 60 Senators is necessary to invoke a cloture)

What are the unwritten norms of behavior to help keep both houses of Congress flowing smoothly?

Members (generally) show respect for one another in public deliberations; members are expected to be willing bargainers; evolution toward greater assertiveness by individual members; logrolling; pork-barrel legislation

After a cloture motion passes the Senate floor....

Members may spend no more than 30 additional hours debating the legislation at issue

What are the two classes of people who are exempt from the death penalty according to the Court?

Mentally retarded (under the law) and those under 18 years of age

MALDEF stands for?

Mexican American Legal Defense and Educational Fund

President has the power to appoint all?

Military personnel (technically)

What did the Supreme Court's opinion in the Civil Rights Cases provide?

Moral reinforcement for the Jim Crow system

Do VP's do a lot? Who has or hasn't?

Most do little or nothing of substance, but not Cheney or Biden

Prior to Lloyd Gaines' case (1937), the Supreme Court was most receptive to? After 1937?

Most receptive to (and interested in) protection of economic liberties; (after 1937) Court began to regard protection of individual freedoms and personal liberties as more important (thus, Gaines's lawyers pleaded his appeal to a more sympathetic Supreme Court)

Who is usually the president pro tempore of the Senate?

Most senior member of the majority party

Temperance movement

Movement in which members pressed to ban the sale of alcohol (which many women blamed for a variety of social ills)

Delegates of Constitutional Convention were wary of unchecked power, so how did they ensure that the president would not be like the British monarch?

Multi-person executive; length of term (4 years); president is not a king (from Federalist No. 69)

Advantages of incumbency?

Name recognition; credit claiming; casework; franking privilege; access to media; ease in fund-raising; experience in running a campaign; redistricting; casework

What does NAWSA stand for?

National American Woman Suffrage Association

NAACP stands for?

National Association for the Advancement of Colored People

NCL stands for?

National Consumers League

The push for greater Hispanic rights was marked by the establishment of?

National Council of La Raza

NOW stands for?

National Organization for Women

NSC stands for?

National Security Council

NARF stands for?

Native American Rights Fund

Requirements to be president or VP?

Natural-born citizen of the U.S.; at least 35 years old; resident of the U.S. for 14 years or longer

President Jackson was the first president to be?

Neither a Virginian nor an Adams

What do groups argue that laws should be?

Neutral (color-blind)

Right in Robinson v. California?

No cruel and unusual punishment

8th Amendment?

No cruel and unusual punishment; no excessive bail

Right in Schilb v. Keubel?

No excessive bail

3rd Amendment?

No quartering of soldiers

Right in Wolf v. Colorado?

No unreasonable searches or seizures

4th Amendment?

No unreasonable searches or seizures; exclusionary rule

Congressional Budget Office (CBO)

Nonpartisan agency to help members make accurate estimations of revenues and expenditures and to lay out a plan for congressional action on the annual budget resolution, appropriations, reconciliation, and any other revenue bills

Who was Jane Roe?

Norma McCorvey

Who was the woman whose case became the catalyst for pro-choice and pro-life groups?

Norma McCovery (itinerant cirucs worker)

OMB stands for?

Office of Management and Budget

Office of Management and Budget

Office that prepares the president's annual budget proposal, reviews the budget and programs of the executive departments, supplies economic forecasts, and conducts detailed analyses of proposed bills and agency rules (works exclusively for the president and employs hundreds of budget and policy experts)

Peonage laws often affected?

Often affected poor blacks

Signing statements often? But sometimes?

Often merely comment on the bill signed but sometimes include controversial claims by the president that some part of the legislation is unconstitutional and that he intends to disregard it or to implement it in other ways

Redistricting is largely a?

Political process

What are the duties of the House of Representatives?

Originate revenue bills; power to impeach (CHARGE)

Who is the President pro tempore of the Senate?

Orrin Hatch from Utah

Who called the conference which soon evolved into the NAACP?

Oswald Garrison Villard (influential publisher of the New York Evening Post AND grandson of William Lloyd Garrison)

Protect Act

Outlawed the sale or transmission of child pornography

Majority party

Party with the most members

Even though the president has the power to veto any act of Congress, Congress has the authority to?

Override an executive veto by 2/3 vote in each house

Civil Rights Act of 1991

Overruled all five Supreme Court rulings that had limited affirmative action programs thus making it harder to prove employment discrimination

Double jeopardy clause

Part of the 5th Amendment that protects individuals from being tried TWICE for the same offense in the same jurisdiction (thus , if a jury acquits a defendant of a murder charge, the defendant cannot be retried in that jurisdiction for the offense EVEN IF new info is revealed that could further point to guilt)

What are some examples of ADA?

People in wheelchairs must have ready access to buildings; deaf employees must have telecommunication devices made available to them

Legislative liaison staff

People who compose the communications link between the White House and Congress

Abolitionists

People who sought to end slavery

Congress is the ______ branch of gov't

People's

How did the Court facilitate implementation of Brown v. Board of Education II?

Placed enforcement of Brown in the hands of appointed federal district court judges (whom it considered more immune to local political pressures than elected state court judges)

What abolished the trimester approach outlined in Roe v. Wade?

Planned Parenthood of Southeastern Pennsylvania v. Casey ("undue burden" standard)

Edward Snowden?

Played a major role in revealing the broad scope of the National Security Agency's surveillance and data collection on the actions of private citizens

What do some commentators point to as the Court's darkest hour?

Plessy v. Ferguson (1896)

What did Brown v. Board of Education overrule?

Plessy v. Ferguson (separate-but-equal doctrine)

Affirmative action

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

What makes up the legislative environment?

Political parties; the president; constituents; interest groups

What three devices did southern states use to exclude African Americans from voting in a way that seemed racially exclusive?

Poll taxes; some form of property-owning qualifications; "literacy" or "understanding" tests

What determines the number of representatives each state gets in the House?

Population of the state

What did Richard M. Nixon made a major issue when he ran for president in 1968?

Pornography

What did one scholar propose that would be best in crisis?

Presidents with mood disorder because mani may lend itself to creative solutions in trying times

What does the Speaker of the House do?

Presides over the House; oversees House business; official spokesperson for the House and second in line of presidential succession (after VP)

RFRA (Religious Freedom Restoration Act) was intended to?

Prevent the federal gov't from making policy decisions that limit an individual's free exercise

Miranda v. Arizona

Prior to any questioning, the person must be warned that they have a right to remain silent and that any statements he does make may be used as evidence against them AND they have the right to an attorney (either retained or appointed)

Was President Bill Clinton pro-choice or pro-life?

Pro-choice

Hold

Procedure by which a senator asks to be informed before a particular bill (or nomination) is brought to the floor

Delegation of powers

Process by which Congress gives the president the additional authority needed to address new problems

McCleskey v. Zant (1991)

Produced new standards designed to make the filing of repeated appeals much more difficult for death-row inmates (Justice Lewis Powell, said after his retirement that he regretted his vote and should have voted the other way)

Equal protection clause

Prohibits discrimination in jury selection on the basis of gender (thus, lawyers cannot strike all potential male jurors b/c of the belief that males might be more sympathetic to the arguments of a man charged in a paternity suite, a rape trial, or a domestic violence suit)

What does Title VII of the Civil Rights Act of 1964 prohibit?

Prohibits employers from discriminating against employees for a variety of reasons (race, sex, age, and national origin; amended in 1978 to include pregnancy)

Equal protection clause

Prohibits states from denying "any person within its jurisdiction the equal protection of the laws"

Equal Rights Amendment

Proposed amendment to the Constitution that states "equality of rights under the law shall not be denied or abridged by the U.S. or any state on account of sex"

What does the Congressional "fast track" do?

Protects a president's ability to negotiate trade agreements with confidence that Congress will not alter the records

How are the First Amendment rights to assembly and petition often seen?

Protests, marches, and rallies

LatinoJustice PRLDEF stands for?

Puerto Rican Legal Defense and Education Fud

What did many woman's rights activists do during the Civil War?

Put aside their claims for expanded rights for women (most notably the right to vote) and threw their energies into the war effort

What do many civil rights debates center on? (what question?)

Question of equality of opportunity versus equality of results

After seats are apportioned, what must state legislatures do to reflect population shifts?

Redraw congressional districts

Legislative Reorganization Act

Reduced the number of standing committees

How did Rosa Parks make history?

Refused to give her seat in the front of the colored section of the bus to make room for a white male passenger without a seat; she was arrested for violating an Alabama law banning integration of public facilities

Tenth Amendment

Reiterates that powers not delegated to the national gov't are reserved to the states or to the people

Right in Cantwell v. Connecticut?

Religion

RFRA stands for?

Religious Freedom Restoration Act

Jim Crow laws

Required segregation in public schools and facilities (R.R., restaurants, and theaters)

Equal Pay Act of 1963

Requires employers to pay women and men equal pay for equal work

What was the now-famous doll study introduced by the LDF conducted by Kenneth and Mamie Clark (two prominent African American sociologists who had long studied the negative effects of segregation on African American children)?

Research revealed that black children preferred white dolls (when shown black dolls and white dolls) AND many added that the black doll looked "bad" (LDF attorneys used this info to illustrate the negative impact of racial segregation and bias on African American child's self-image)

Chinese Exclusion Act (1882)

Restricted the immigration of Chinese (first act to restrict the immigration of any identifiable nationality)

Who was the head of the SCLC?

Reverend Martin Luther King Jr.

Which court ruled the final provision of the Military Commissions Act of 2006 unconstitutional?

Roberts Court (found that any detainees could challenge their extended incarceration in federal court)

Which presidential administrations strongly opposed abortions and their Justice Departments regularly urged the Court to overrule Roe?

Ronald Reagan; George Bush

Chief executive means?

Supervision and leadership of various departments, agencies, etc.

Who was the local NAACP's Youth Council advisor in Montgomery, Alabama?

Rosa Parks

What did the Supreme Court decide in the Civil Rights Cases? (What could Congress prohibit?)

Ruled that Congress could prohibit only state or gov't action but NOT private acts of discrimination

In 2012, what did the Court decide about law enforcement officers planting GPS tracking devices on a suspected criminal's vehicle?

Ruled that it comprised the suspect's expectation of privacy

In 1956, what did a federal court rule about the segregated bus system in Montgomery, Alabama?

Ruled that it violated equal protection clause of the 14th Amendment

What are the duties of the Senate majority leader?

Schedules legislation in consultation w/ minority leader; steer the bargaining and negotiating over the content of legislation; constantly work to get majority support for a piece of legislation

Black sites

Secret offshore prisons

Right in Malloy v. Hogan?

Self-incrimination

House or Senate: becoming more difficult to pass legislation?

Senate

House or Senate: turnover is moderate?

Senate

Baker v. Carr

Set the standard that the House districts must contain equal number of constituents

Three-fifths Compromise?

Settled how slaves would be counted for representation

Freedom rides were designed to?

Shine the spotlight on segregated public accommodations (bands of college students and other civil rights activists traveled by bus throughout the South in an effort to force bus stations to desegregate)

Twenty-Fifth Amendment

Should a vacancy occur in the office of VICE president, the 25th Amendment directs the president to appoint a new VP, subject to the approval of both houses of Congress (by a simple majority); ALSO contains a section allowing the VP and a majority of the Cabinet to deem a president unable to fulfill his duties

What did the SNCC lead?

Sit-ins; freedom rides

What is the only way to end a filibuster?

Sixty members of the Senate must sign a cloture - super-majority vote

What was a key issue of the Civil War?

Slavery

Poll taxes

Small taxes on the right to vote that often came due when poor African American sharecroppers had the least amount of money on hand

Who delivered the famous "Ain't I a Woman?" speech? When?

Sojourner Truth; 1851 (in Akron, Ohio)

Casework

Solving problems for constituents, especially problems involving gov't agencies

SCLC stands for?

Southern Christian Leadership Conference

Who added to Title VII the prohibition of discrimination based on sex?

Southern Democrats

Why was it clear that national legislation outlawing discrimination was the only answer?

Southern legislators would never vote to repeal Jim Crow laws

Who is the leader of the House?

Speaker of the House (elected by the entire House)

Which committee(s) is the first and last place most bills go?

Standing committees

Joint committees (permanent or temporary? set up for?)

Standing committees that include members from BOTH houses of Congress and are set up to conduct investigations or special studies (focus public attention on major matters such as the economy, taxation, or scandals)

What standard of review was used in Brown v. Board of Education?

Strict scrutiny (heightened standard)

Who held the longest filibuster in the history of the Senate?

Strom Thurmod (Southern senator from South Carolina)

Although the first three presidents made enormous contributions to the office of the chief executive, the way gov't functioned in its formative years caused the balance of power to be heavily weighted in favor of?

Strong Congress

Gregg v. Georgia (1976)

Supreme Court ruled that Georgia's rewritten death penalty statute was constitutional

NOW was more traditional or radical?

TRADITIONAL (National Organization for Women)

What do most civil rights and women's rights organizations is the only way to overcome the lingering and pervasive burdens of racism and sexism?

Taking race and gender into account in fashioning remedies for discrimination

Clear and present danger test

Test to draw the line between protected and unprotected speech; the Court looks to see "whether the words used" could "create a clear and present danger that they will bring about substantive evils" that Congress seeks "to prevent"

Which state leads the U.S. in the number of executions each year?

Texas

What did the Court rule for the first time in 1987?

That a public employer could use a voluntary plan to promote women even if no judicial finding of prior discrimination existed

"Alternate Reality" after 9/11/2001?

The Bill of Rights guarantees were suspended in a time of war (difference in the modern era continues to be that the "war" has no direct enemy and its timeline for completion is ever-changing)

What is the brilliance of the civil liberties codified by the First Congress?

The Bill of Rights remains a relatively stable statement of our natural rights as Americans, even as technology has evolved

Fundamental freedoms are defined by?

The Court as essential to order, liberty, and justice (and therefore entitled to the highest standard of review)

The NARF became?

The NAACP LDF of the American Indian rights movement (Native American Rights Fund)

In the past, did the Senate have little or much respect for the president's nominees?

The Senate traditionally gave his selections great respect

After the introduction of the cotton gin?

The South became even more dependent on agriculture with cheap slave labor as its economic base (cotton gin invented in 17093)

What did the USA PATRIOT Act enhance?

The ability of the gov't to curtail specific search and seizure restrictions in four areas

The Supreme Court has often become?

The arbiter (settles disputes) between the freedom of the people to express dissent and gov't's authority to limit controversy in the name of national security

Line item veto

The authority of a chief executive to delete part of a bill passed by the legislature that involves taxing or spending (was ruled unconstitutional by the U.S. Supreme Court)

The USA PATRIOT Act deprives judges of?

The authority to reject applications to request search individual's activities

Veto Power

The authority to reject bills passed by both houses of Congress

What happens if Congress is in session and the president does not sign or veto in ten days?

The bill becomes a law

Article II states that the president is?

The commander in chief of the army and navy of the U.S.

What did the NAACP attorneys argue about Gaines's situation?

The creation of a separate law school of a laughable lesser caliber (than that of the University of Missouri) would not and could not afford Gaines an equal education

Gerrymandering

The drawing of congressional districts to produce a particular electoral outcome without regard to the shape of the district

Direct presidential appeals to?

The electorate

What did LDF lawyers (led by Thurdgood Marshall) argue in Brown?

The equal protection clause of the 14th Amendment made Plessy's separate-but-equal doctrine unconstitutional and that if the court was still reluctant to overrule Plessy, the only way to equalize schools was to integrate them

National Firearms Act (1934) was passed in response to?

The explosion of organized crime (in the 1920s and 1930s) which stemmed from Prohibition

Times of crises emphasize?

The leadership role of the president

Impeachment

The first step in a formal process to remove a specified official from office

Bill of Rights

The first ten amendments to the Constitution that contain numerous specific guarantees against encroachment by the new gov't (freedom of speech, press, and religion)

Post WWII era made the president?

The foreign policy leader and world leader

What does the rational basis/minimum rationality test mean?

The gov't must show a rational foundation for any distinctions they make

Civil rights

The government-protected rights of individuals against arbitrary or discriminatory treatment by gov't or individuals based on categories such as race, sex, national origin, age, religion, or sexual orientation

Senate Majority leader

The head of the majority party in the Senate

By custom, the Cabinet selected by the president includes?

The heads of major executive departments

Commander in chief means?

The highest ranking officer in the armed forces

What did the Bill of Rights set forth to define in 1789?

The natural rights of citizens

As guarantees of "freedom to" action, civil liberties place limitations on?

The power of the gov't to restrain or dictate an individual's actions

Political scientist Richard E. Neustadt calls the president's ability to influence member of Congress and the public?

The power to persuade

Federalist No. 69 stressed that?

The president is not a king

Political capital

The president's ability to enact public policy simply b/c of their name and their office (presidents use approval ratings as tacit measures of their political capital)

Power to persuade - president's success depends upon?

The president's success depends upon getting others to cooperate

Over time, the units of the EOP have become?

The prime policy markers in their fields of expertise as they play key roles in advancing the president's policy preferences

Redistricting

The process of redrawing congressional districts to reflect increases or decrease in the number of seats allotted to a state as well as population shifts within a state

Oversight

The process of reviewing the operations of an agency to determine whether it is carrying out policies as Congress intended

What do presidents do in the beginning of their term?

They enjoy their highest level of public approval at the beginning of their terms and try to take advantage of this "honeymoon" period to get their programs passed by Congress ASAP

Why were Americans feeling sour about Obama traveling abroad more than any other president of the U.S.?

They felt that Obama had neglected the many domestic problems facing the U.S. (jobs, economy, health care reform)

What does the American Civil Liberties Union say about free speech zones?

They imply the limitation of speech on other parts of campus (which they see as a violation of the First Amendment)

What is the Cabinet's major function as a body?

To help the president execute the laws and assist him in making decisions

What is the basic objective of oversight?

To hold the executive branch responsible for implementation of its delegated authority

Why was the War Powers Resolution passed?

To limit the president's authority to introduce American troops into hostile foreign lands without congressional approval

Peremptory challenges

Those for which no cause needs to be given

Who was the first head of the NAACP Legal Defense and Education Fund?

Thurgood Marshall

Who was the first African American to serve on the U.S. Supreme Court?

Thurgood Marshall (who was the first head of the NAACP LDF)

Seniority

Time of continuous service on the committee

Inherent powers are usually used during?

Times of crisis; Civil War; Great Depression

What do Presidents often use executive agreements for?

To try to sidestep the constitutional "advice and consent" of the Senate requirement for ratification of treaties and congressional approval requirement for trade agreements

The cabinet has become? Therefore?

Too large, making it difficult for presidents to find cooperation with such a large group

Who issued an executive order to desegregate the military? What did he believe?

Truman; believed that b/c so many African Americans had fought and died for their country in WWII, this was not only proper but honorable

What determines the number of senators representing each state in the Senate?

Two senators per state (regardless of population)

Bicameral legislature

Two-house legislature

Today, who is the only western nation to put people to death for committing crimes?

U.S.

Who has more resources available to them: U.S. Congress members or parliamentarians?

U.S. Congress members

Unanimous consent agreements are used in which house for what?

Used in the Senate to determine the length of a debate

What has been called "the most insignificant office that was the invention of man"?

VP

USA PATRIOT Act

Violates the First Amendment's free speech guarantees by barring those who have been subject to search orders from telling anyone about those orders, even in situations in which no need for secrecy can be proven; authorizes the FBI to investigate citizens who choose to exercise their freedom of speech WITHOUT demonstrating that any parts of their speech might be labeled illegal

Senate has what kind of debate?

Virtually unlimited

What are the 5 qualities of a great president?

Vision; pragmatism; consensus building; charisma; trustworthiness

Grandfather clause

Vote qualification provision in many southern states that allowed only those citizens whose GRANDFATHERS had voted BEFORE Reconstruction to vote (unless they passed a wealth or literacy test)

Who was the founder of the Niagara Movement?

W.E.B. Du Bois

Since 1980, who has outvoted the opposite gender: women or men?

WOMEN (women have outvoted men)

Example of delegation of powers?

War on Terror

What two worlds do Congress members live in?

Washington and the home district/state

When was the first time Congress overrode a presidential veto? What did the president veto?

When President Andrew Jackson vetoed the Civil Rights Act

Why did William Lloyd Garrison and Frederick Douglass leave the Anti-Slavery Society?

When it refused to accept their demand that women be allowed to participate equally in all its activities

When was the struggle for woman's rights revitalized?

When the National and American Woman Suffrage Associations merged

When does the President have the power to make temporary appointments?

When the Senate is in formal recess for at least ten days

Unified gov't

When the presidency and Congress are controlled by members of the same party and share a similar policy agenda

Pocket veto

When the president gets a bill, he can choose to do nothing and if Congress adjourns before those 10 days are up for him to make a decision, then the bill will be reintroduced next session

What was the new test (Roth test) for obscenity?

Whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to the prurient (sexual) interests

Would the court find laws that consider males adults at 21 years but females adults at 18 years a violation of the 14th Amendment?

YES

Would the court find single-sex public nursing schools a violation of the 14th Amendment?

YES

How much does the president rely on their Cabinet secretaries?

While the size of the president's Cabinet has increased over the years, the reliance of most presidents on their Cabinet secretaries has DECREASED

Who galvanized (started) the abolitionist movement in the early 1830s?

William Lloyd Garrison

How did the LDF support its legal arguments?

With important amicus curiae briefs submitted by the U.S. gov't, major civil rights groups, labor unions, and religious groups (decrying racial segregation)

Suffrage movement

Woman's movement focused on voting rights

What did most who attended the Seneca Falls Convention press for?

Woman's rights along with the abolition of slavery

Can firefighters enter your home to fight a fire without a warrant?

YES

In 1989, did the Supreme Court rule that mandatory drug and alcohol testing of employees involved in accidents as constitutional?

YES

In 1995, did the Supreme Court rule that random drug testing of public high school athletes as constitutional?

YES

Would the Court find Virginia's maintenance of an all-male military college (Virginia Military Institute) a violation of the 14th Amendment?

YES

Would the Court find laws that allow women but not men to receive alimony (child support) a violation of the 14th Amendment?

YES

Can the president "unsign" a treaty?

YES (George W. Bush formally withdrew support for international criminal court)

Incumbents

current officeholders

de jure discrimination

discrimination by law

Difference between de jure and de facto discrimination

discrimination by law (de jure) vs practice (de facto)

14th Amendment

equal protection guarantees (protects a variety of groups from discrimination; guaranteed citizenship to all freed slaves)

Pork

legislation that allows representatives to bring money and jobs to their districts in the form of public works programs, military bases, or other programs

Veto

president's disapproval of a bill that has been passed by both houses of Congress

What are the explicitly defined impeachable offenses in the Constitution?

treason; bribery; other "high crimes and misdemeanors"

Logrolling

vote trading (often takes place on specialized bills targeting money or projects to selected congressional districts)

How else can a president bolster support for his legislative package?

By calling on his political party

Traditionally, the Speaker of the House is a member of the?

Majority party

Who selects pro tem in the Senate?

Majority party

Ex post facto laws

Make an act punishable as a crime even if the act was legal at the time it was committed

What are Congress's most important powers?

Make laws AND raise and spend revenues

Ninth Amendment

Makes clear that this special listing of rights does NOT mean that others do not exist

Right in Gideon v. Wainwright?

Right to counsel

How did southern governments respond to Brown v. Board of Education? A. They attempted to avoid and delay implementing the decision B. They replaced de facto segregation with de jure segregation C. They eliminated all vestiges of de facto discrimination D. They desegregated immediately but begrudgingly

A

The NAACP selected a(n) _________ as its first case for desegregating public schools. A. Law school B. College C. Elementary school D. Business school

A

How can the president get Congress to enact policies to the president's liking? A. By engaging in a filibuster B. By threatening to veto unsatisfactory legislation C. By issuing executive agreements D. By sending a formal pardon to members of Congress

B

How did the U.S. Supreme Court interpret the Second Amendment in District of Columbia v. Heller? A. It incorporated the Second Amendment and expanded gun ownership to citizens in all states. B. It ruled that the Second Amendment protected an individual's right to own a gun for personal use. C. It ruled that the right to keep and bear arms was a collective right that states could regulate. D. It upheld the District of Columbia's strict laws on gun ownership.

B

The use of ___________ was particularly important for the advancement of civil rights. A. Campaign contributions B. Nonviolent protests C. Lobbying D. Riots

B

What case established the right of individuals accused of a felony to have access to an attorney? A. Weeks v. U.S. B. Gideon v. Wainwright C. Miranda v. Arizona D. Mapp v. Ohio

B

What did the Supreme Court rule in Griswold v. Connecticut? A. Husbands could prohibit their wives from using contraceptives B. State laws prohibiting the sale of contraceptives were unconstitutional C. The right to an abortion is protected by the Constitution D. Contraceptives could not be sold to minors

B

What is the name of the process by which most protections found in the Bill of Rights have been made applicable to the state? A. State rights doctrine B. Selective incorporation C. Judicial interpretation D. Fundamental freedoms

B

What sparked the Montgomery bus boycott? A. Assassination of Reverend Martin Luther King Jr. B. The arrest of Rosa Parks C. The assassination of Medgar Evers D. The arrest of the Reverend Martin Luther King Jr.

B

What was the impetus for the 1840s women's rights movement? A. Increases in the ownership of property by women B. The exclusion of women in some aspects of the abolition movement C. Decreases in women's literacy D. Growth in the number of women in the territories

B

Which of the following is an accurate comparison of the SNCC (Student Nonviolent Coordinating Committee) and the SCLC (Southern Christian Leadership Conference)? A. SNCC was segregated; SLCL was integrated B. SNCC was more radical than the SCLC C. SNCC was more closely affiliated with church organizations than was the SCLC D. SNCC was focused on expanding civil rights for African Americans; SClC was focused on restricting civil rights for whites

B

Which of the following is an example of a member of Congress acting as a delegate? A. Voting for his/her own opinion when constituency opinion is closely divided B. Voting for a generous farm bill in an agricultural district C. Voting for higher taxes even though constituents oppose tax increases D. Voting the party line on all issues

B

Which of the following is an example of a proclaimed inherent power of the presidency? A. To convene Congress B. To declare neutrality C. To appoint ambassadors D.To declare war

B

Which of the following is an issue that would be evaluated using the strict scrutiny test? A. Excluding women from the draft B. Affirmative action C. Requiring separate drunk driving standards for women and men D. Vision requirements for pilots

B

Which of the following is explicitly mentioned in the Constitution as an impeachable offense? A. Abuse of power B. Treason C. Kidnapping D. Lewd behavior

B

Which of the following is the most reliably loyal to the president? A. EOP B. White House staff C. The Cabinet D. Congress

B

Which of the following were state laws denying legal rights to freed slaves? A. Suffrage laws B. Black Codes C. Emancipation Proclamations D. Civil Rights Act

B

Which of these cases allowed the internment of Japanese Americans during WWII? A. Hashimoto v. California B. Korematsu v. U.S. C. Yick Wo v. Hopkins D. Tennesseev. Lane

B

Why did many Southerners believe that the Civil Rights Act of 1964 was unconstitutional?

B/c it went beyond the scope of Congress's authority to legislate under the Constitution

How do the freedoms of assembly and petition relate directly to those of speech and the press?

B/c the freedom to assemble hinges on peaceful conduct

Why did NAACP lawyers target law schools? (Jim Crow)

B/c they were institutions that judges could well understand, and integration there would prove less threatening to most whites

Thirteenth Amendment

Banned all forms of slavery and involuntary servitude

Alien and Sedition Acts

Banned any criticism of the Federalist gov't by the growing numbers of Democratic-Republicans, making the publication of "any false, scandalous writing against the gov't of the U.S." a criminal offense

Two conditions of trade agreements submitted to Congress under fast track procedures?

Bar amendments and require an up or down vote in Congress within 90 days of introduction

Miscegenation laws

Barred interracial marriage

Title IX of Education Amendments of 1972

Bars education institutions that receive federal funds from discriminating against female students in any aspect of their education

Exclusionary rule

Bars the use of illegally seized evidence at trial (judicially created remedy to deter constitutional violations)

2nd Amendment?

Bear arms

Right in McDonald v. City of Chicago?

Bear arms

Why is it important for a president to propose key plans early in his administration?

Because presidents generally experience declining support for policies they advocate throughout their terms

What were the three main arguments of the Federalists to NOT include a bill of rights in the constitution?

Bill of rights wasn't necessary in a constitutional republic founded on the idea of POPULAR SOVEREIGNTY and INALIENABLE natural rights (moreover, state constitutions contained bills of rights, so federal guarantees were unnecessary); would be dangerous b/c the national gov't was one of the enumerated powers so it only had powers listed in the Constitution (Alexander Hamilton argued in Federalist No. 84 "Why declare that things shall not be done which there is no power to do?"); would be impractical to enforce (its validity would largely depend on public opinion and the spirit of the people and the gov't)

What concern was there with the Senate in 1787?

Concern over Senate becoming an aristocracy

What concerns were there about Congress in 1787?

Concern over the Senate becoming an aristocracy; many worried about the possibility of Congress infringing on state legislatures; representation bears no proportion to a state's importance

The Progressive era was characterized by?

Concerted effort to reform political, economic, and social affairs

What were key victories under Title VII?

Consideration of sexual harassment as sex discrimination; inclusion of law firms in the coverage of the act; broad definition of what can be considered sexual harassment (including same-sex harassment); allowance of voluntary programs to redress historical discrimination against women

(2014) What did the Court rule about local gov't bodies (like town councils) starting their sessions with prayer even if the prayer clearly favors one faith?

Constitutional

Gitlow v. New York

Court noted that the states were not completely free to limit forms of political expression

Writs of habeas corpus

Court orders in which a judge requires authorities to prove they are holding a prisoner lawfully and that allow the prisoner to be freed if the gov't's case does not persuade the judge (implies that prisoners have a right to know what charges are being made against them)

Lawrence v. Texas (2003)

Court overruled its decision in Bowers v. Hardwich (which had upheld anti-sodomy laws; sodomy means sexual intercourse involving anal or oral copulation); found the Texas anti-sodomy law unconstitutional (Justice Sandra O'Connor agreed concluded that it was an equal protection violation)

Powers shared by House and Senate?

Declare war; raise an army and navy; coin money; regulate commerce; establish federal courts and their jurisdiction; set forth rules of immigration and naturalization; and make all laws necessary and proper; make laws

What does ADA do?

Defines a disabled person as someone with a physical or mental impairment that limits one (or more) "life activities" or who has a record of such impairment (Americans with Disabilities Act)

What does the U.S. Constitution consider Indian tribes as?

Distinct gov'ts

Roe v. Wade (1973) (in each trimester?)

Divided pregnancy into 3 stages; in the first trimester, a woman's right to privacy gave her an absolute right (in consultation with her physician) free from state interference to terminate her pregnancy; in the second trimester, the state's interest in the health of the mother gave it the right to regulate abortions, but only to protect the woman's health; in the third trimester, the Court found that the state's interest in potential life outweighed a woman's privacy interests

Each action a president takes is?

Divisive

Brandeis brief

Document created by NCL members (guided by Josephine Goldmark who was Brandeis's sister-in-law; Louis Brandeis was a future U.S. Supreme Court Justice) that amassed an impressive array of sociological and medical data

What does DADT stand for?

Don't Ask, Don't Tell

How did the Supreme Court uphold the constitutionality of the Civil Rights Act of 1964?

Found that Congress had operated within the legitimate scope of its commerce power (as outlined in Article I)

Where do the president's personal assistants derive their power from? AND they have no?

From their personal relationship with the president and they have no independent legal authority

Dawes Act in 1887

Gave each American Indian family land within the reservation the rest was sold to whites); mandated sending their children to boarding schools off of the reservation; banned native languages and rituals

What does GLAD stand for?

Gay and Lesbian Advocates and Defenders

Which has (on average) higher household incomes and educational levels, gays/lesbians or minority groups?

Gays and lesbians

What kind of statutory classification was at issue in Craig v. Boren?

Gender

What were the three legislative compromises required for ratification of the Constitution?

Great Compromise; 3/5 Compromise; Sectional Compromise

19th Amendment

Guaranteed all women the right to vote

What was the potential infringement of the First Amendment after 9/11/2001?

It was made clear that the members of the media were under strong constraints to report on only positive aspects of U.S. efforts to combat terrorism

In 1981, what did the Court rule about the Missouri law prohibiting the use of state university buildings and grounds for purposes of religious worship? (was used to ban religious groups from using school facilities)

It was unconstitutional

What events led to consideration of the Civil Rights Act of 1964 and the Voting Rights Act of 1965?

J.F. requested that Congress pass a law banning discrimination in public accommodations (1963); King called for monumental march in D.C. (to demonstrate widespread support for far-ranging anti-discrimination legislation); "I Have a Dream" speech; (Lyndon B.) Johnson put civil rights reform at the top of his legislative priority list (so civil rights activists gained a critical ally)

What were the three key events that helped to forge a new movement for women's rights in the early 1960's?

JFK created the President's Commission on the Status of Women (headed by former First Lady Eleanor Roosevelt); Civil rights movement and publication of The Feminine Mystique (by Betty Friedan) led women to question their lives and status in society (enhanced many women's recognition that something was wrong); Civil Rights Act of 1964 prohibited discrimination based on race AND sex

Black Codes laid the groundwork for?

Jim Crow laws (would later institute segregation in all walks of life in the South)

Chief of staff (successful chiefs of staff also?)

Job is to facilitate the smooth running of the executive branch of gov't; successful chiefs of staff also have protected the president from mistakes and helped implement policies to obtain the maximum political advantage for the president

Who was the Speaker of the House from 2011 to 2015?

John Boehner

Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)

Justices Sandra Day O'Connor, Anthony Kennedy, and David Souter (in a jointly authored opinion) wrote that Pennsylvania could limit abortions as long as its regulations did not pose "an undue burden" on pregnant women (Court upheld a 24-hour waiting period AND parental consent requirements - did NOT overrule Roe but clearly limited its scope by abolishing its trimester approach and substituting the undue burden standard for the trimester approach used in Roe)

Who is the majority leader in the House?

Kevin McCarthy from California

The requirement of "imminent lawless action" in the direct incitement test makes it more or less difficult for the gov't to punish speech and publication?

MORE (consistent with the Framers' notion of the special role played by these elements in a democratic society)

What unconstitutional steps did President Abraham Lincoln take during the Civil War?

Made it unlawful to print any criticisms of the national gov't or of the Civil War (effectively suspending the free press protections of the First Amendment); arrested several newspaper editors critical of his conduct of the war and ignored a Supreme Court decision saying that these practices were unconstitutional

After Missouri was admitted as a slave state, what happened to maintain the balance of slave and free states?

Main was carved out of a portion of Massachusetts

After the Speaker, who are the most powerful people in the House?

Majority and minority leaders

Basic division in Congress is between?

Majority and minority parties

Who is the true leader of the Senate?

Majority leader (elected to the position by the majority party)

What was FLAG created for?

Openly oppose the Vietnam War and establish relief organizations for Filipinos in the U.S. and around the world (Free Legal Assistance Group)

Civil Rights Act of 1964

Outlawed arbitrary discrimination in voter registration and expedited voting rights lawsuits; barred discrimination in public accommodations engaged in interstate commerce; authorized Department of Justice to initiate lawsuits to desegregate public facilities and schools; provided for the withholding of federal funds from discriminatory state and local programs; prohibited discrimination in employment on grounds of race, creed, color, religion, national origin, or sex; created EEOC (Equal Employment Opportunity Commission)

The budget proposal outlines what?

Outlines the programs the president wants and also indicates the importance of each program by the amount of funding requested for each and for its associated agency or department

Although the president appoints the members of each committee, they must?

Perform their tasks in accordance with congressional legislation (these mini-agencies may not be truly responsible or responsive to the president)

War Powers Resolution

Permits the president to send troops into action ONLY with the authorization of Congress or if the U.S. and its territories or the armed forces are attacked; also requires the president to notify Congress within 48 hours of committing troops to foreign soil; president must withdraw troops within 60 days unless Congress votes to declare war (President must consult with Congress, if at all possible, prior to committing troops)

White House staff includes?

Personal assistants to the president, including senior aides and their deputies, assistants with professional duties and clerical and administrative aides; includes national security adviser and chief of staff

Parts of power to persuade?

Personality and political skill; presidents must choose their issues carefully; use the power and prestige of the office to convince a few legislators to vote a certain way

Line-item veto

Power to disapprove of individual items within a spending bill rather than the bill in its entirety

Inherent powers

Powers belonging to the president b/c they can be inferred from the Constitution; not clearly specified in the Constitution (such as that authorizing him to conduct diplomatic relations)

American Indian Movement: traditional or radical?

RADICAL

Has the U.S. Supreme Court addressed the question of the right to petition the gov't?

RARELY

Who was the first woman to serve in the Senate?

Rebecca Felton in 1922

Conference and caucus chairs

Recognized party leaders who work with other leaders in the House or the Senate

Truly great presidents realized what about presidential leadership and personality?

Recognized that their day-to-day activities and how they went about them should be designed to bolster support for their policies and to secure congressional and popular backing that could translate their intuitive judgment into meaningful action

Trustee

Representative who listens to the opinions of constituents (obligated to consider the views of constituents) and can then be trusted to use his or her own best judgment to make final decisions (is not obligated to vote according to those views if they believe they are misguided)

Delegate

Representatives who vote the way their constituents would want them to, regardless of their own opinions (must be ready and willing to vote against their conscience or personal policy preferences if they know how their constituents feel about a particular issue)

Power of judicial review gives the Supreme Court the ability to?

Review the constitutionality of acts of Congress

What are some of the reasons for taking a hold on a bill in the Senate?

Reviewing; negotiating changes; attempting to kill a bill

Which courts have been more willing to weaken Miranda rights and allow coerced confessions and employ much more flexible standards for the admission of evidence?

Rhenquist and Roberts Courts (more conservative courts)

Which committees are temporary committees?

Select committees and conference committees

House or Senate: sole authority to approve major presidential appointments, including federal judges, ambassadors, and Cabinet- and sub-Cabinet-level positions?

Senate

House or Senate: workload is increasing and institution is becoming more formal AND threat of filibusters more frequent than in the past?

Senate

Is the following a duty of the House or the Senate or both: offers "advice and consent" on many major presidential appointments?

Senate

Is the following a duty of the House or the Senate or both: tries impeached officials?

Senate

The president nominates federal judges, ambassadors, and other members of the executive branch, but this authority is checked by the ________ which must give its "advice and consent" to these nominees.

Senate

Which emphasizes foreign policy, the House or the Senate?

Senate

Which has members that are generalists, the House or the Senate?

Senate

Which has power distributed more evenly, the House or the Senate?

Senate

Which house acts as a court of law and tries the president for charged offenses from the other house?

Senate

Which is less centralized, less formal, and has weaker leadership, the House or the Senate?

Senate

Which is more personal, the House or the Senate?

Senate

Which has no rules committee, the House or the Senate?

Senate (limits on debate come through unanimous consent or cloture of filibuster)

Who has the authority to conduct impeachment trials, House or Senate?

Senate (need a 2/3 vote yes to remove a federal official from office)

Is the following a duty of the House or the Senate or both: approves treaties with foreign nations? What vote is required?

Senate by 2/3 vote

"Blue slip" process (who does it?)

Senators may submit a favorable (or unfavorable) review of a nominee; they may also choose not to comment

What did President Dwight D. Eisenhower do in response to the Arkansas governor's order of National Guardsmen surrounding Little Rock's Central High School?

Send federal troops to Little Rock to protect the rights of the nine African American students attending Central High

Where was the first meeting for woman's rights?

Seneca Falls, NY

Who usually is the committee chair of a committee?

Senior member of the majority party

The separate-but-equal doctrine in Plessy v. Ferguson came to mean?

Separate (only separate)

What did the NAACP create in response to the ruling in Gaines's case?

Separate, tax-exempt legal defense fund to devise a strategy that would build on the Missouri case and bring about equal educational opportunities for all African American children

What Amendment gave the voting of Senators to the people directly?

Seventeenth Amendment

What did the Court rule that Congress must do with affirmative action programs?

Show that they meet the strict scrutiny test

What are the president's four options when sent an approved bill?

Sign the bill (making it into a law); veto the bill; wait the full ten days and at the end of which time the bill becomes law without his signature if Congress is still in session; pocket veto (Congress adjourns before his 10 days are up and then the bill will be reintroduced in the next session and put through the process all over again)

Lilly Ledbetter Fair Pay Act

Signed by Obama in 2009 to overrule the decision made by the Court that women could not seek redress of grievances under the provisions of the Equal Pay Act for discrimination that had occurred over a period of years

Fourteenth Amendment (1868)

Some (or even all) protections guaranteed in the Bill of Rights might be interpreted to prevent state infringement of those rights ("No State shall... deprive any person of life, liberty, or property, without due process of law)

Where did Mexicans initially tend to settle in the U.S.?

Southwest (where they most frequently found employment as migratory farm workers)

Conference committees

Special temporary joint committees created to reconcile differences in bills passed by the House and Senate; comprises members from House and Senate committees that originally considered the bill

Northwest Ordinance of 1787

Specified that good faith should always be observed toward the Indians; their lands and property shall never be taken without their consent and their property rights and liberty never invaded or disturbed (unless in just and lawful wars authorized by Congress)

1st Amendment?

Speech; Press; religion; assembly

Right in Klopfer v. North Carolina?

Speedy trial

What are the 4 types of congressional committees?

Standing; joint; conference; select/special

Senators were originally selected by?

State legislatures (17th Amendment changed it to popular election)

Miranda rights

Statement required of police that inform a suspect of their constitutional rights protected by the 5th Amendment, including the right to an attorney provided by the court if the suspect cannot afford one

Today, selective incorporation requires?

States to respect freedoms of press, speech, and assembly among other liberties

Incumbency helps members?

Stay in office when they are elected

Why did the Alien and Sedition Acts NOT get renewed?

The Democratic-Republican Congress (under President Thomas Jefferson) allowed them to expire before the Federalist-controlled U.S. Supreme Court had an opportunity to rule on the constitutionality of these First Amendment infringements

Which house of Congress impeaches the president? By what vote?

The House; by a majority vote

Constituents

The people who live and vote in a representative's home district or state

Civil liberties

The personal guarantees and freedoms that gov't cannot abridge (by law, constitution, or judicial interpretation)

When secular law conflicts with religious law, what often happens? Especially if?

The right to exercise one's religious beliefs is often denied; especially if a minority or an unpopular or "suspicious" group hold the religious beliefs in question

In the U.S., in order to sue someone for libel, what must they do?

They must show that the statements made were untrue (truth is an absolute defense against the charge of libel, no matter how painful or embarrassing the revelations)

What did the Court rule in 2000 about student-initiated prayer at HS football games?

They violate the establishment clause

When have the fundamental freedoms of assembly and petition been the most controversial?

Times of war

Why was the NWSA created?

To achieve the goal of women's suffrage and other woman's rights (National Woman Suffrage Association)

Why was the NSC created?

To advise the president on American military affairs and foreign policy

Why might a president issue an executive order?

To avoid the need to get legislative approval for implementing a policy supported by the president

Historically, what did presidents select their VP for?

To balance the presidential ticket (with little thought given to the possibility that the VP could become president)

What did the founders of MALDEF originally create MALDEF for?

To bring test cases before the Court with the intent to force school districts to allocate more funds to schools predominantly low-income minority populations; implement bilingual education programs; require employers to hire Hispanics; challenge election rules and apportionment plans that undercount (dilute) Hispanic voting power (Mexican American Legal Defense and Educational Fund)

Why is the committee system used?

To develop and use expertise in specific areas

Why did the Framers add the Second Amendment to the Constitution?

To ensure that Congress could not pass laws to disarm state militias

Why do members of Congress stay on committees?

To gain expertise and influence

Clinton v. City of New York

U.S. Supreme Court ruled that the line-item veto was unconstitutional b/c it gave powers to the president denied to him by the U.S. Constitution (said that significant alterations of executive-congressional powers require constitutional amendment)

Who did the LDF receive help from in the two cases involving H.M. Sweatt and George McLaurin?

U.S. gov't; President Harry S Truman directed his Department of Justice to file an amicus brief to urge the Court to overrule Plessy

In 2002, what did Court rule in regard to a Techumseh, OK policy that required mandatory drug testing of high school students participating in any extracurricular activities?

UPHELD it (so it's constitutional)

What is the presidential line of succession?

VP; Speaker of the House; President Pro Tempore of the Senate; Secretary of State; Secretary of the Treasury; Secretary of Defense; Attorney General; Secretary of the Interior; Secretary of Agriculture; Secretary of Commerce; Secretary of Labor; Secretary of Health and Human Services; Secretary of Housing and Urban Development; Secretary of Transportation; Secretary of Energy; Secretary of Education; Secretary of Veterans Affairs; Secretary of Homeland Security

Attracting some voters drives others away, thereby leading to?

Vague ideas

What limit did the Supreme Court place on gerrymandering and other apportionment schemes?

Vague limit of "compact districts of contiguous territory"

Descriptive representation

View that a legislature should resemble the demographic characteristics of the population it represents

In 2014, what did the Court decide whether a warrant was necessary to search a suspected criminal's phone?

Warrantless search of a suspect's phone was a breach of privacy and couldn't be justified under the Fourth Amendment (and its search and seizure clause)

Mapp v. Ohio (1961)

Warren Court ruled "all evidence obtained by searches and seizures in violation of the Constitution, is inadmissible (not able to be used) in a state court"

What is the most controversial torture techniques?

Water-boarding

Filibuster (what kind of tactic?)

Way of halting Senate action on a bill by means of long speeches or unlimited debate; delaying tactic

Would the Court find state prosectors' use of peremptory challenges to reject male or female potential jurors to create more sympathetic juries a violation of the 14th Amendment?

YES

Can defendants confront witnesses against them?

YES (6th Amendment)

Has the Supreme Court allowed communities greet leeway in drafting statutes to deal with obscenity and other forms of questionable expression?

YES (Court has allowed some states to ban totally nude erotic dancing, concluding that the statutes furthered a substantial gov't interest in creating order in society and regulating morals, therefore not violating the First Amendment)

According to the decision in Roe v. Wade, can a woman make the decision to have an abortion in the first trimester?

YES (based on her right to privacy that gave her an absolute right, in consultation with her physician, free from state interference, to terminate her pregnancy)

Was the death penalty used in all colonies at the time the U.S. Constitution was adopted?

YES (in two separate cases in the late 1800s, the Court ruled that deaths by public shooting and electrocution were not cruel and unusual)

Do American Indians host gambling casinos where gambling is illegal in nearby cities and in the states themselves?

YES (this has resulted in tons of revenue for Indian tribes, increasing their political clout)

Can the police search your field without a warrant even if you post "No Trespassing" signs if they suspect you are engaging in illegal activity (like growing marijuana)?

YES (under the open fields doctrine first articulated by the Supreme Court in 1924)

Is the following considered a power of Congress: borrow money?

Yes

Is the following considered a power of Congress: coin money, set its value, and fix the standard of weights and measures?

Yes

Is the following considered a power of Congress: create courts inferior to the U.S. Supreme Court?

Yes

Is the following considered a power of Congress: declare war?

Yes

Is the following considered a power of Congress: define and punish piracies, felonies on the high seas, and crimes against the law of nations?

Yes

Is the following considered a power of Congress: establish a post office and post roads?

Yes

Is the following considered a power of Congress: establish rules for naturalization and bankruptcy?

Yes

Is the following considered a power of Congress: exercise legislative powers over the seat of gov't and over places purchased to be federal facilities?

Yes

Is the following considered a power of Congress: issue patents and copyrights?

Yes

Is the following considered a power of Congress: lay and collect taxes and duties?

Yes

Is the following considered a power of Congress: make laws that are necessary and proper?

Yes

Is the following considered a power of Congress: provide for a militia?

Yes

Is the following considered a power of Congress: punish counterfeiting?

Yes

Is the following considered a power of Congress: raise and support an army and navy and make rules for their governance?

Yes

Is the following considered a power of Congress: regulate commerce with foreign nations and among the states?

Yes

Can the president veto any act of Congress?

Yes, WITH the exception of joint resolutions that propose constitutional amendments

Shaw v. Reno

redistricting based on race must be held to a standard of strict scrutiny under the equal protection clause. (North Carolina district ruled to be an example of "political apartheid")