GOVT2305 Chapter 4-5-6

Americans with Disabilities Act

It grants certain employment protections to persons with disabilities It requires government agencies to take steps to make their buildings accessible to persons with

Which of the following statements about slander and libel is true?

Neither libel and slander are protected by the First Amendment

Which of the following Supreme court cases was also known as the "pentagon papers" case?

New York times v. u.s.

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

Regents of the University of California v. Bakke

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

Removing discrimination from voting requirements

The right to privacy was instrumental in which decision?

Roe v. Wade

How did the Supreme Court's position on the rights of the accused in state courts change in the 1960s?

The Supreme Court began to protect the rights of the accused from action by the states.

What Illinois policy did the Supreme Court invalidate with its decision in Witherspoon v. Illinois (1968)?

allowing the prosecution an unlimited number of challenges in capital cases

The inevitable discovery exception

allows the use of evidence that would have been discovered regardless by other means or through other forms of evidence.

Which of the following would be considered expressions of public opinion?

approval ratings for a city's mayor, participating in a telephone poll concerning candidates for a national election, and turnout at a political rally

In order to ensure equal employment opportunity for all, the federal government in the 1960s began to require agencies and businesses to

establish policies aimed at giving minority-group members equal opportunities to obtain jobs

Like all other rights, the right of free expression is

not absolute.

The conviction of members of the U.S. Communist Party in the early 1950s was initially upheld as a lawful restriction of the right

of free speech.

In Planned Parenthood v. Casey (1992), the justices

reaffirmed the essential aspects of Roe v. Wade.

according to the establishment clause, the government is required to

remain neutral toward all religions

Which of the following is an ongoing struggle between state governments and Native American tribal governments?

states want to control casino gambling on Native American reservations

Through various methods of random sampling, pollsters attempt to select a

subset of the population that is representative of the population's views.

The Supreme Court has reasoned that a right of privacy is provided by

the implication of said right by the freedoms in the Bill of Rights..

Which of the following, relative to the others, is typically more protective of individual rights?

the judiciary

Gideon v. Wainwright is to the Sixth Amendment as Mapp v. Ohio is to the

4th

In 1974, Congress passed a law, the ___________, that grants Native Americans constitutional rights similar to those held by other Americans?

Indian Bill of Rights

If a person yells "fire" in a crowded theater when there is no fire, and people are hurt in the ensuing panic, that individual abused his freedom of speech according to the doctrine of

clear and present danger

Political scientists focus on which of the following dimensions when evaluating public opinion

salience, direction, and intensity

The Fourth Amendment protects Americans from

unreasonable searches.

The political socialization process takes place through _____ of socialization.

agents

The individual right that is widely regarded as the most basic of individual rights is

freedom of expression.

Which of the following is NOT a major civil rights issue being fought by many minority groups?

freedom of religion

Gideon v. Wainwright required the states to

furnish attorneys for poor defendants in felony cases.

In the case of McNabb v. United States, Justice Felix Frankfurter defined the "history of liberty" primarily in terms of whether

governments had observed procedural guarantees.

The USA Patriot Act

grants the government new powers of surveillance, relaxed restrictions on the sharing of intelligence surveillance information with criminal investigators, gives intelligence agencies the authority to share crime-related information with law enforcement agencies, was enacted in response to the terrorist attacks of September 11, 2001.

The fact that older Americans are more likely than others to consider social security to be an important policy issue is an example of the importance of...

group orientation

Which amendment granted women the right to vote?

19th Amendment

The Supreme Court

has generally protected symbolic speech, though less substantially than it has protected verbal speech.

Which influential figure began civil rights work by organizing strikes by farmworkers to attain basic working labor rights for migrant workers?

Cesar Chavez

which amendment to the united states constitution protects individuals from testifying against themselves in a court of law?

one appear

What is at the heart of many civil rights struggles for equality in the US?

people hold deep-seated prejudices based on such things as race, color, and religion

Sipuel v Board of Regents of University of Oklahoma results

petitioner is entitled to secure legal education afforded by a state institution, under rule of plessy v ferguson Oklahoma didn't have black law school so there was no separate to be equal, this case removed obvious inequalities and forced Oklahoma to admit her

The Supreme Court's position on prior restraint of the press is that

prior restraint should apply only in rare circumstances, and it is better to hold the press responsible for what it has printed than to restrict what it may print.

Affirmative action

refers to the deliberate efforts to provide Full and equal opportunities in employment, education, and other areas for members of traditionally disadvantaged groups, applies only to organizations (universities, Agencies, and construction firms) that receive federal funding or contracts, these organizations must establish programs designed to ensure that all applicants are treated fairly, they also bear the burden of proof ...

Justice Holmes's "clear and present danger" test holds that government can

restrict speech that threatens national security.

Which of the following are rights gay and lesbians had to fight for?

right to not be segregated by the rest of society, the right to openly enlist in the military, the right to have the same benefits as traditional couples

the process by which the Supreme Court makes certain parts of the Bill of Rights applicable through the 14th Amendment to actions by state governments is known as

selective incorporation

The inclusion of certain provisions of the Bill of Rights in the Fourteenth Amendment, so that these rights are protected from infringements by the state governments, is called

selective incorporation.

Most Hispanics living in the United States, by place of origin, are from ________

Mexico

which of the following statements are true regarding incarceration rates in the united states?

Most state legislatures have enacted stiffer criminal penalties in the past two decades. The number of federal and state prisoners has more than doubled since 1990. The united states has the largest prison population in the world on a per-capita basis

In Hamden v. Rumsfeld, the Supreme Court ruled that the use of secret military tribunals was ____ as the defendant had a right to ....

unconstitutional

Government can lawfully prevent a political rally from taking place

when it can demonstrate that harmful acts will necessarily result from the rally

Libel applies to defamation of an individual's reputation through the

written word.

Which of the following age group's political views are most likely to be influenced when a major political development occurs, such as war or economic depression?

young people

cultural (social) conservatives

Those who believe government power should be used to uphold traditional values.

Which of the following are Fifth Amendment rights of the accused?

To a trial by jury

In Planned Parenthood v. Casey, the Supreme Court ruled that restrictions on abortion were legal as long as they didn't place ____ ____ on woman's right to obtain an abortion.

Undue burden

Since the 1950s, how has the federal government responded to demands for equal rights for African Americans?

it passed a series of laws that secured fundamental rights for African Americans.

. In Bowers v. Hardwick (1986), the Supreme Court justices determined that

the right to privacy did not extend to consensual sexual relations among adults of the same sex.

Which of the following women were vice presidential candidates for a major US political party?

~Geraldine Ferraro ~Sarah Palin

Asian Americans are more likely than other minority groups to be which of the following?

~have a high median income ~college educated

Spoken words that are known to be false and harmful to a person's reputation are an example of

slander

In Schenck v. United States (1919), the Supreme Court ruled that

speech could be restricted when the nation's security is at stake.

________ has executed more convicted criminals in the past quarter century than any other state.

texas

the socialization process results in schemas, or frames of reference, that

1) citizens use to evaluate issues and developments 2) help in forming a common cause

Arrange the following items in chronological order starting with the earliest challenge to segregation laws.

1. The SCOTUS ends school segregation in Brown v. Board of Education of Topeka 2. Rosa Parks refuses to give up her seat on a bus to a white rider in Montgomery, Al 3. Dr. MLK jr. delivers a speech before the participants of the March on Washington for Jobs and Freedom

Which of the following is the only country that comes close to the United States in terms of the percentage of its citizens who are behind bars?

Russia

In 2007 the Supreme Court reversed its stance on partial-birth abortion, largely due to the replacement of Sandra Day O'Connor with

Samuel Alito.

Shelby County v. Holder (2013)

Supreme Court in 5-4 ruling invalidated the provision (Sec. 5) of the Voting Rights Act that included the formula for determining which states and counties were subject to federal oversight.

"You have the right to remain silent....Anything you say can and will be used against you in a court of law....You have the right to an attorney." This is called

the Miranda warning.

What was the name of the 1798 law that criminalized any speech or writings critical of the government, Congress, or the president

The Sedition Act

The Supreme Court upheld the use of tax-supported vouchers to attend private or parochial school in

Zelman v. Simmons-Harris.

the 1964 Civil Rights Act banned

discrimination in public accommodations

The Constitutional right to bear arms is found in which of the following Amendments?

second Amendment

List 3 major events listed in the text that involved or were centered round American Indians.

(1) In 1972 Native American leaders organized the "Trail of Broken Treaties," a caravan that journeyed from California to Washington, D.C., to protest federal policy. Upon arriving in Washington, they occupied the Bureau of Indian Affairs, renaming it the Native American Embassy. (2) In 1973 Native Americans took control of the village of Wounded Knee on a Sioux reservation in South Dakota. (3) In 1974, Congress passed legislation that granted Native Americans living on reservations greater control over federal programs affecting them. Six years earlier, Congress had enacted the Indian Bill of Rights, which gives Native Americans on reservations constitutional guarantees similar to those held by other Americans.

Which of the following amendments contains a due process clause?

14th

In what year, in the case of Columbia v. Heller, did the Supreme Court finally address the issue of how the second Amendment should be represented

2008

In the Constitution, procedural due process is protected by the

4-6th, 14th

Today, more than ______ of the state legislators in Arizona, California, Colorado, Florida, New Mexico, and Texas are of Hispanic ancestry

5%

Which constitutional amendment protects the individual against self-incrimination?

5th

Mexican Americans constitute about _______ of the Latino population living in the United States

65%

The right to counsel is guaranteed by the ________ Amendment.

6th

public opinion poll

A device for measuring public opinion whereby a relatively small number of individuals (the sample) are interviewed for the purpose of estimating the opinions of a whole community (the population).

The ______ requires that all public buildings and public services be accessible to persons with disabilities

Americans with Disabilities Act of 1990

Which of the following was the 1954 landmark case that ended segregation in public schools?

Brown v. BOE Topeka

Native Americans

By 1900 Native Americans numbered about 1/4 of a million. Small pox and other diseases brought by white settlers took the heaviest toll, but wars and massacres also contributed. 1924 policy made it so that Native Americans were denied citizenship and even the right to vote. 1972 was when the "Trail of Broken Treaties" happened. This was a caravan that journeyed from California to Washington D.C. to protest federal policies. Upon arrival, they occupied the Bureau of Indian Affairs and renamed it The Native American Embassy. The next year Native Americans took control of Wounded Knee (A Sioux Reservation) and gunfire took place. In 1974, Congress passed legislation that granted Native Americans living on reservations, greater control over federal programs that affected them.

What was the first result of the national boycott of California lettuce and grapes that was launched by Cesar Chavez?

California passed a law giving migrant workers the right to bargain collectively.

Griswold vs. Connecticut

Challenged state law prohibition of the use of contraceptives such as condoms or birth control even by married couples. The Court ruled that individuals have a " Zone of [personal] privacy" that the government cannot lawfully invade "emanations" led to "penumbras" which contained a generalized right to privacy

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

Clear-and-present-danger test

Which of the following are the dominant ideologies in the United States?

Conservatism and Liberalism

The Miranda warning was upheld by the Supreme Court in 2000 in

Dickerson v. United States.

Freedom of expression

Does not cover obscene forms of sexual expression Does not cover some forms of commercial speech, such as advertising Allows individual Americans to communicate thoughts of their choosing

When does the process of political socialization begin?

Early childhood

In general, Americans who believe that the government should NOT interfere with the free market are...

Economic conservatives

Voluntary school prayer in the public schools was ruled unconstitutional in

Engel v. Vitale (1962).

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

False

According to the Supreme Court, police can search a person's home merely on the basis of a hunch that the owner might be breaking the law.

False

Justice Stone argued in 1938 that

First Amendment rights are the basis of most other rights.

Which of the following are considered civil liberties?

Freedom of religion Freedom of speech Right to a fair trial Freedom of assembly Freedom of the Press

Regarding freedom of the press, the Supreme Court has generally upheld the principle of no prior restraint. This principle means that:

Government generally cannot stop the news media from reporting a story

Engel vs. Vitale (1962)

Held that the establishment clause prohibits the reciting of prayers in public schools

What interesting detail highlights the case of Hernandez v. Texas (1954)?

Hernandez v. Texas (1954), was a landmark case, "the first and only Mexican-American civil-rights case heard and decided by the United States Supreme Court during the post-World War II period." In a unanimous ruling, the court held that Mexican Americans and all other nationality groups in the United States had equal protection under the 14th Amendment of the U.S. Constitution. The ruling was written by Justice Earl Warren. This was the first case in which Mexican-American lawyers had appeared before the US Supreme Court.

Which 2003 SCOTUS decision overturned an earlier case in which it had upheld Georgia;s authority law?

Lawrence v. Texas

Brown v. Board of Education of Topeka;1954

Linda Carol Brown, a black child in Topeka, Kansas, was denied admission to an all-white elementary school. Court invoked 14th amendment's equal-protection clause, declare that racial segregation of public schools "generates feeling of inferiority to status in community. Separate educational facilities unequal (95% of black children were still attending school or entirely black)

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

Narrowly Tailored

Since the 1980s, the Supreme Court has addressed the exclusionary rule by

None of these answers is correct.

Democratic voters tend to live in which of the following regions?

Northeast, northern Midwest, west coast

Which of the following is correct with regard to obscenity and the law?

Obscenity is not protected by the First Amendment.

Which ideology supports greater economic equality but holds traditional views on social issues?

Populism

Explain the concept of prior restraint of the press. Include one example of how the Supreme Court has ruled on this issue

Prior restraint is government prohibition of speech or publication before the fact. The Supreme Court has ruled it unconstitutional, except in extreme circumstances of national security or public safety, as an illegal restraint on free expression. The burden of proof in such instances is on the government: it must clearly show that a grave danger would result from the publication. The doctrine of prior restraint was detailed in New York Times Co. v. United States (1971).

Explain the concept of procedural due process and list several of the procedural rights protected by the Constitution. Do these rights apply to all levels of government? Explain.

Procedural due process refers to procedures or methods that government must follow before a person can legally be deprived of life, liberty, or property. The U.S. Constitution offers procedural safeguards designed to protect a person from wrongful arrest, conviction, and punishment. These procedures include prohibitions on unreasonable search and seizure, self-incrimination, double jeopardy, and excessive bail or fine, and include guarantees of legal counsel, jury trial, speedy trial, and the confrontation of witnesses. These rights apply to the federal government through the Bill of Rights and have been extended to cover state action by selective incorporation through the Fourteenth Amendment.

According to the Supreme Court, which is true regarding freedom of assembly?

Public officials can regulate the time, place, and conditions of public assembly, provided the regulations are reasonable

What were the designated states and counties required by the preclearance provision (Sec. 5) of the Voting Rights Act to do ?

Receive permission from federal officials before they made changes-such as redrawing electoral districts or altering registration requirements that might adversely affect minority group.

Why do pollsters rely most on the scientific method of random sampling?

to ensure that everyone has an equal chance of being included in the sample

What is meant by selective incorporation? Discuss the history of this process and its importance to the protection of individual rights.

Selective incorporation refers to the absorption of certain provisions of the Bill of Rights, including freedom of speech and press, into the Fourteenth Amendment. These rights are thereby protected from infringement by the states. After the Civil War, the Fourteenth Amendment was debated in Congress. There was no indication its framers intended it to protect First Amendment rights, such as freedom of speech and press, from state action. Seventy years later, the Supreme Court invoked the Fourteenth Amendment's due process clause in a free speech case, which was followed by a series of cases that established the process of selective incorporation. In doing so, the Court declared certain rights to be a fundamental part of democratic society and, therefore, to be protected from state intervention. At first, the Court included only free expression rights in its interpretation. In the 1960s, selective incorporation was used also to protect fair trial rights.

In Mapp v. Ohio, the supreme court extended the constitutional protection against unreasonable search and seizures to action by __government

State

Which of the following is true about the Sedition Act of 1798?

The Act prohibited malicious newspaper stories about the president.

Which of the following is true of the appeal process?

The Constitution does not guarantee an appeal after conviction, but the federal government and all states permit at least one appeal.

What was the name of the 1789 law that criminalized any speech or writings critical of the government, Congress, or the president

The Sedition Act (made it crime to public stories that were harshly critical of the president)

Since the 1950s, what has been the government's approach to free speech?

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

How has the Supreme Court interpreted the Eighth Amendment's prohibition against cruel and unusual punishment in recent years? Explain.

The Supreme Court has typically let Congress and the state legislatures determine the appropriate penalties for crime. It has upheld some challenged state punishments in high profile cases, and some states continue to have extremely high incarceration and execution rates. With regard to the death penalty, however, the Court has placed some limits on states' ability to execute prisoners, particularly mentally retarded and juvenile ones.

Discuss the differences between the First Amendment's establishment and free exercise clauses.

The establishment clause has been interpreted by the courts as meaning that the government may not favor one religion over another or support religion over no religion at all. Thus, a wall of separation must be maintained between church and state. The free exercise clause means that Americans are free to hold any religious beliefs they want, although they are not always free to act on their beliefs. The Supreme Court has allowed government interference when the exercise of religious belief conflicts with otherwise valid law.

Women

The first large and well-organized attempt to promote woman's rights came in 1848 in Seneca Falls, New York. The 15th Amendment does not include women. Not until the passage of the 19th amendment in 1920 did women acquire the right to vote. In 1923 the 19th amendment was ratified to give women equal rights. This notion was rejected and then approved 50 years later through the use of the Equal Rights Act (ERA). This still failed by 3 states needing a 3/4 vote. However the equal pay act of 1963 was passed. Title VII if the civil rights act of 1964 bans gender discrimination in employment. (5% header)

Which if the following allows the admission into trial of otherwise excludable evidence if the evidence was obtained by police who thought they were following proper procedure?

The good faith exception

The Patriot Act

The law passed by Congress, soon after 9/11 attacks, that allows the FBI and other intelligence agencies to access personal information and records without consent from targeted individuals

public opinion

The politically relevant opinions held by ordinary citizens that they express openly.

The Second Amendment protects which of the following?

The right of people to keep the bear arms A well regulated militia

Griswold vs. Connecticut was a case dealing with

The right to the privacy (the use of contraceptives by a married couple)

According to the Supreme Court, prayer in public schools violates

the establishment clause.

In Lemon v. Kurtzman, the Supreme Court ruled that the state funding of salaries for teachers at parochial schools, even if they taught secular subjects, violated the establishment clause because

The teachers could use classroom time to teach religious subjects

Why was the National Security Agency's wiretapping of phone calls and email messages originating in the United States, first revealed by The New York Times in 2005, controversial?

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

True or false: although it is a core principle for most Americans, the right to privacy is not explicitly mentioned in the Constitution.

True

the accuracy of a poll is reduced when respondents express an opinion on an issue even though they have not thought about the issue before

True

Plessy V Ferguson

Upheld the constitutional doctrine that made people equal. to maintain regulation while claiming equally

According to the Supreme Court, prior restraint on the press is only acceptable if

the government can clearly justify the restriction.

Which of the following is not true about women's equality in the workplace?

Younger Women have trouble getting jobs that are equal pay, because fewer young women than young men have college degrees.

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

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

What is the greatest restriction on appeals in the United States?

a federal law that bars in most instances a second federal appeal by a state prison inmate

The individual freedoms in the Bill of Rights were extended by the Fourteenth Amendment to include protection from deprivation of due process rights by

actions of state and local governments.

Sipuel v Board of Regents of University of Oklahoma case facts

ada lois sipuel challenged segregation laws of the university of oklahoma, she applied to the univ. which was at the time an all white school and was denied because of race.

When can police legally begin their interrogation of a suspect?

after the suspect has been warned that his or her words can be used as evidence

The term "civil liberties" refers to specific individual rights that

are constitutionally protected from infringement by government

In Mapp v. Ohio, the selective incorporation process was extended to include

criminal proceedings in the states.

In a 2004 case involving the issue of whether a U.S. citizen accused of terrorist acts is entitled to constitutional protections, the Supreme Court held that such citizens

do have the right to a judicial hearing.

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

due process protections

The Lemon test is designed to

ensure the secular nature of a government action.

The exclusionary rule states that

evidence obtained illegally is inadmissible in court.

The establishment clause prohibits government from

favoring one religion over another or supporting religion over no religion.

The freedoms of speech, press, assembly, and petition are found in

first amendment

In the Johnson flag-burning case, the Supreme Court ruled that

flag burning, although offensive, cannot be prohibited.