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How is rational basis applied by the US Supreme Court?
Applies to civil rights related to age, economic status, and disability laws are presumed constitutional unless not rationally related to a legitimate government interest
How is intermediate scrutiny applied by the US Supreme Court?
Applies to civil rights related to sex, but not sexual orientation or gender identity laws are presumed unconstitutional unless substantially related to an important government interest
Civil rights
Applies to discrimination by private and government actors Focused on equality
Strict scrutiny
Applies to laws affecting groups that are part of a suspect class law presumed unconstitutional unless narrowly tailored to advance compelling government interest
Why did the revolutionary state constitutions place a heavy emphasis on separation of powers?
British rule had taught them to disdain government that is dominated by the executive and/or judicial branches It was viewed as necessary for preserving Liberty
Protected
Broadcasting over television or radio airwaves political candidates personally funding their own campaign burning the national flag Creating an attack ad criticizing a politician's voting record Organizing protest against the government Corporate spending on political advertising
What were some methods used to suppress black voting in the South after the civil war?
But that is just suppress black voting includes terror campaigns waged by paramilitary groups, voting fraud, stealing ballot boxes, assassinations, politicians stirring racial resentment, and the use of force and violent intimidation
What was the impact of the 1894 progressive income tax?
Led congress to introduce the Sixteenth Amendment US Supreme Court ruled it unconstitutional
How would Congress raise money under the articles of Confederation?
Levy requisitions on state governments
What are grants-in-aid?
Money or land provided by the federal government to state and local governments for purposes defined by the federal government
Civil liberties
Only applies to government actions Protects individuals from abuse of power
Federal
Only has authority via constitution No inherent police power
The articles of Confederation did not give the people to rent control over Congress. Who appointed members of Congress?
State legislatures
Reduced grants-in-aid
States had to choose between ending programs or self-funding them Reduced spending on grants-in-aid by 33%
Confederacy
States maintain as much autonomy and independence from the central government as possible; central government has authority over governments, not individuals
Federalism
States may have reserve powers authority partly divided and partly shared concurrent authority occurs in some areas
What was the impact of her Introducing categorical grants?
States now allowed federal government to define and oversee public policy
What are the three standards of review used by the Supreme Court to analyze the constitutionality of civil rights laws
Strict scrutiny rational basis immediate scrutiny
Which of the following is the most important civil rights provision in the US constitution?
Equal protection clause of the 14th amendment
The New Jersey Plan
Equal state representation Each state had an equal number of votes in legislature The small state plan
Article III
Establishes a federal court system composed of "one supreme court" and also "inferior courts"
The Supreme Court uses the lemon test attack for constitutional violations of religious liberties according to which clause?
Establishment Clause
Separation
Establishment Clause designed to reduce or eliminate the role of religion in government affairs more likely to be preferred by justices on the left
What clauses in the First Amendment are used to protect religious freedom?
Establishment free exercise clause
What current political organization most resembles confederacies?
European Union United Nations
Article 1, section's nine and 10 provide civil Liberty protections against the federal government in the state governments. What are the protections?
Ex post facto laws and bills of attainder cannot be enacted the federal government cannot suspend the "privilege of habeas corpus" unless public safety may require it
What major changes did the 1937 Supreme Court make to American constitutional law?
Expanded federal regulatory authority under the Commerce Clause Provided the constitutional basis for the modern "welfare state"
Before the Civil war, what were the tasks of the federal government?
Handling foreign policy Assisting with limited infrastructure projects Keeping the peace between states over slavery
State
Has inherent police power Authority only limited by constitution
The United States is the only Western democracy that has constitutional protection for what type(s) of expression?
Hate speech Spending money on political campaigns
Before right in America's Creed states the following: "that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to Institute new government, laying its foundation on such principles and organizing its power in such form, as to them shall seem" what is this passage referred to as?
The right of revolution
Britain's national debt almost doubled because of the borrowing needed to fund the French and Indian war. Under pressure from the heavily taxed wealthy British subjects, what policy did parliament enact to move some of the financial burden to the American colonies?
The stamp act
During the critical period, it seems America's revolutionary experiment in Democratic government was on the verge of ending in disaster. Why?
The states were becoming antagonistic and even more hostile towards one another
What was the impact of the state action doctrine in the Civil Rights Cases?
The supreme court ruled that a government ban on private discrimination is unconstitutional
What was the British response to the Boston tea party?
They passed the coercive acts (intolerable acts) They closed the port of Boston They took control of the governance of Massachusetts
What were the key causes of conservative backlash against the development of federalism from the new deal through the 1960s?
Unfunded mandates White southern Conservatives opposition to civil rights Perception of categorical grants as coercive federalism
What does the term laboratories of democracy refer to?
the ability for states to conduct their own policy experiments to learn what works best and what does not work
What contributed to the declining influence of the southern slave states in the government?
the admission of new non slave states to the union the election of Lincoln to presidency increasing population of non-slave states
How did the founders get around the state legislatures in constitutional law to gain acceptance of the new constitution?
the constitution was submitted to special popularly elected ratifying conventions in each state for the people to decide They changed the requirements so that only 9 out of 13 states or needed to ratify
The good faith exception grants that evidence obtained from an invalid Ward does not need to be excluded from the trial but under what condition?
the officer who sees the evidence acted in good faith in falsely believing the warrant was valid
What were the arguments for the United States to remain united during the critical period?
they were better able to defend themselves from common security threats If the states were apprehensive about war with each other large standing armies would be created political conflicts between the states could become intense military struggles economic protectionism between states would be far worse if the states were disunited
Large businesses corporations routinely use the possibility of relocating to different states to try to lead state local governments to enact laws and policies that business want, such as special tax breaks and favorable regulations. What is this called?
threat of exit
Known as the civil rights era amendments, why were the 23rd and 24th amendments ratified?
to give African Americans more voice and presidential elections
Why did delegates from slave states prefer to calculate state population by size by counting the total number of inhabitants?
to guarantee a majority of seats in the House of Representatives
Written by Alexander Hamilton, James Madison, and John J, what was the immediate purpose of The Federalist Papers?
to persuade New Yorkers to vote to ratify the constitution
What would be the biggest obstacle to ratifying the new constitution, if they were bound by the amendment rules of the articles of Confederation?
unanimous consent of the state legislation was needed
During the Progressive Era, the US Supreme Court ruled that since economic production is local, it is ________ for the federal government to regulate it. Congress disagreed with the Supreme Court. Congress thought it had authority to regulate economic production if that production affects interstate _________
unconstitutional commerce
The 14th amendment's due process clause protects both enumerated and unenumerated constitutional rights. What's the primary difference between the two?
unenumerated rights are not explicitly mentioned anywhere in the US constitution, enumerated rights are explicitly listed
How can a strong national government affect races to the bottom?
upload higher standards than states facing competition are able to
Which of the following are suspect classes?
National origin Religion Ethnicity Race and skin color
What was the impact of World War II on federal spending?
"point of no return" for more federal spending than state and local combined
Which federal constitutional amendments are a direct result of the Civil War?
13th 14th 15th
Which amendment of the US Constitution is most often used to ensure federal civil liberties are protected at the state and local level?
14th
What was the impact of the white supremacist riots and massacres from 1898 to 1943?
10s of millions of dollars in property damage Around 700 African Americans dead and thousands injured
The Progressive Era lasted roughly from the
1890s to the 1920s.
The house of representatives
2-year terms The lower house Said to represent "persons"
As stated in Article 5, what are the ways that an amendment to the constitution can be proposed?
2/3 of the state legislatures petitioning Congress to call a special convention to propose amendments 2/3 of Congress voting to propose an amendment
When measuring population sizes for purposes of apportioning representatives in the house, each slave would count as 3/5 of a person. This concession to slave states is known as the ______ compromise
3/5
How many Americans lost their life through participation in the struggle for civil rights?
41
What is the police power?
A government has authority to make laws and regulations to promote the health, safety, welfare, and morals of the people
What is a categorical grant?
A grant in aid with strict and specific guidelines for spending
In what four ways does the 4th amendment protect citizens against unjustified government interference with law enforcement searches for evidence?
A judge must issue the search warrant no unreasonable searches search warrants are required, must have probable cause no unlimited searches
What is the role of income tax revenue for the federal government?
A major source of revenue to support higher spending than state and local governments
Unitary national government
A supreme central government that either is the only government or does not share authority with lower governments, can alter laws and jurisdiction
What historical movement led to the ratification of the 14th amendment, to protect citizens federal liberties against state infringement?
Abolitionism
Article II
Addresses the executive branch - the presidency
Article I
Addresses the legislative branch of the federal government
14th amendment
Affirms birthright citizenship and prohibits state governments from passing laws to abridge any fundamental rights and liberties granted to citizens
What cause characterized the republican party during the reconstruction period?
African American rights
Which cast characterized the Republican Party during the reconstruction period?
African American rights
Republicans
All men are created equal Abolition
What role did the criminal justice system play in the Jim Crow South?
Allowed whites to inflict violence on African Americans with no fear of legal consequences Excluded African Americans from juries, judgeship, and the legal profession
What important changes were introduced by the Reconstruction amendments?
Amendment-enforcing provisions for each Racial equality cannot be undermined by states National rule against slavery States cannot infringe on rights/liberties inherent in citizenship
What was the British argument for the legitimacy of the stamp act?
American views and interests were represented because there were members of parliament who had reason to sympathize with American interests. In other words, they had virtual representation.
An America's Creed, Jefferson states that all men are created equal. In the context in which the Declaration of Independence was written, what does this mean?
Americans were under no obligation to continue submission to the King
What three indicators can be used to measure the impact of the conservative backlash?
Amount of money spent on grants in aid number of nonmilitary personnel
What are some examples of new technology using the protections of the 4th amendment against warrantless searches
Attach a GPS device to a car Make use of historical cell phone location information Point a thermal imaging device at a person's home
Unitary National
Authority concentrated in central government no reserve power for states either no member states, or central government can alter legal powers and jurisdictions at will
Federalism
Authority is partly divided and partly shared between a central government and member state governments, central government cannot alter legal powers or jurisdictions
Which clause of the US constitution authorized Congress to create the Interstate Commerce Commission?
Commerce Clause
Making good on the promise made the anti-federalist, the constitution was amended to include a list of civil liberties. The first ever movements to the US constitution became known as the
Bill of Rights
What was the outcome of the Atlanta race riot of 1906?
Black businesses and homes were burned 22 to 25 black people killed, more than 100 injured Black businesses were burned
The US constitution was designed to avoid giving the legislature too much power. How did they accomplish this?
By removing the power of executive appointment from the legislature Implementing the principle of checks and balances between the branches of government
In the original text of the US Constitution, what are some limits put on state authority?
Cannot engage in war with other countries Cannot enter into treaties with foreign countries Cannot coin money no tariffs on imports or exports
What are limits to the states' police power?
Cannot violate constitutionally protected civil liberties or rights
1972
Capital punishment ruled unconstitutional because there was no standard of when to give death penalty versus lesser sentence
Cooperative
Categorical grants Marble cake federalism State and federal roles are intermingled Federal government incentivizes states to implement national policy priorities
are legal rights that are designed to protect individuals from government abuse.
Civil liberties
Central government
Coining of money diplomacy
Which of the following most contributed to the federal government's growth between 1940 and 1968?
Cold war World War 2 LBJ's Great Society program
Federalism is a mixture of which two extreme forms of political organization.
Confederacy unitary national government
What is the impact of the amendment-enforcing provisions?
Congress has the ability to enact laws that are "appropriate" for enforcing amendments
Place the events of the spring and summer of 1776 in order. May 1776 June 1776 July 2nd, 1776 July 4th, 1776
Congress urged the colonies to begin writing new constitutions Congress appointed a committee consisting of five members to write a statement justifying the American decision to declare independence from the British Empire Congress voted for independence Congress officially approved the Britain justification, the Declaration of Independence
25th amendment
Constitutional procedures for determining whether president is no longer fit to serve
What were two of the most important measures in Reagan's strategy to reduce the size of the federal government and its influence?
Converting categorical grants to block grants and ending general revenue sharing program starving the beast by reducing taxes
What are some ways African Americans or disenfranchised at the state level, despite the 15th amendment?
Could not serve on juries white primaries poll taxes
What was the impact of the Interstate Commerce act?
Created the federal government's first independent Regulatory agency
Although each state created its own constitution, what design features do they have in common?
Declarations of individual rights Tightly democratically controlled legislatures Separation of powers
The British did not relent on the basic principle that parliament had legitimate authority to make laws binding upon the colonies despite the fact that the colonists lack representation in parliament. Which act was passed by parliament that stated it had the authority to make laws in all cases whatsoever?
Declaratory act
15th amendment
Declared it is unconstitutional for anyone to be deprived the right to vote based on race
Match the events of the creation of the Founders' Constitution to the dates they occurred. 1787 September 17th, 1787 1788 December 15, 1791 1795 and 1804
Delegates convened in Philadelphia to write a constitution to replace the Articles of Confederation The original constitution was signed the original constitution was ratified to become the Supreme law of the land 10 amendments to the original constitution known as the Bill of Rights would be ratified the final amendments to the constitution by the founding generation were added
Phase 1
Does the person have a claim involving a sincere religious belief? Is the government action an actual burden on the person's ability to act on their belief question
Starve the beast
Dropped taxes on highest earners from 70 to 29% Reduced federal revenue, but not spending
United
Easier to forge fair and mutually beneficial policies Less prone to violence and non-cooperation governments relate to each other through political and legal processes
The ___________ is a system established by the US constitution for electing presidents. The person who becomes president is the person who wins the most votes from the electors
Electoral College
what was the combined impact of peonage and convict leasing on the African American population?
Enslaved 800,000 people between 1870 and 1945 first African American student made exploited second-class citizens
What defines coercive federalism?
Federal government dictates policy to the states instead of working as coequal partner alongside them
Dual
Federal government mostly limited to managing foreign affairs, peacekeeping between states, and coordinating infrastructure Form used before FDR Clearly defined division of authority and responsibility between federal and state governments Layer cake federalism
What are unfunded mandates?
Federal regulatory or spending requirements placed on states that states must pay for with their own funds
What was the impact of the US Supreme Court's decision in US v Lopez?
First limits to congressional power under Commerce Clause since 1936 Substantial affects doctrine only applies to economic activities Congress may not regulate non-economic activities under the Commerce Clause
Selective incorporation
Followed by the Supreme Court gradual process, one case and one Liberty at a time
19th amendment
Forbade any state from denying anyone the right to vote on account of gender
How can a strong state government promote Democratic citizenship?
Fosters the practice and development of skills, habits, and dispositions essential for Democratic self-governance increases the opportunities to participate in government, allowing more direct impact
What happened as a result of the British and American victory in the French and Indian war?
France was removed from all of the mainland of North America
16th amendment
Gave the federal government authority to raise revenue through progressive income tax
What is implied for the third tenet of America's Creed? "That to secure these rights, governments are instituted among men, deriving their just power from the consent of the governed"
Government should be controlled to avoid unjustly threatening people's rights Governments need to be empowered to protect the rights of individuals from one another and from foreign threats
What are the "self-evident" truths presented in America's Creed
Governments are instituted among men, depriving their just powers from the consent of the governed All men are created equal whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to Institute new government That they are endowed by their creator with certain unalienable rights, that among these are life, Liberty, and the pursuit of happiness
Booker T Washington
Gradual and accommodating strategy Atlanta compromise Economic rights prioritized over voting rights
What are block grants?
Grants-in-aid aids that provides significant freedom on how to spend money
How can a strong national government affect the provisions of public goods and services?
Identifies and provides nationwide goods without the temptation to free ride reduces negative externalities like pollution or infectious disease across state lines
Disagreement over the schemes of representation nearly ended the constitutional convention. Nobody at the convention was willing to discuss the specific authority that would be granted to the central government until the issue of representation in Congress is solved. What was the reasoning that delegates felt this way?
If the people of their state have their interest is well represented in Congress, then Congress can do whatever it wants. If they are not well represented, Congress should have as little authority as possible
What is the public safety exception?
In certain circumstances, police officers may ask questions reasonably prompted by a concern for the public safety
What process is the US Supreme Court used to protect the civil liberties found in the Bill of Rights against state and local government abuse?
Incorporation
What was the impact of the Cold War on federal spending and public opinion?
Increased public support for spending on the military and related industries
Private
Individuals
It was not stated that treaties with foreign countries entered into by the United States were binding agreements that took precedence over state laws under the articles of Confederation. What happened because as a result of this?
It created tensions with foreign countries making it difficult to cooperate for mutual benefit States often passed laws that convicted contradicted the terms of treaties
There were at least two reasons the founders chose bicameral legislature. Which of these options was one of those reasons?
It facilitated the great compromise
How does "America's Creed", as expressed in the Declaration of Independence, help us to understand American government in politics today?
It highlights what unites the divided mainstream of American politics It has served as a political tool for those challenging the status quo of government and politics It reflects the philosophy of government upon which America's state and federal constitutions are based and justified
What were the anti-federalist argument against the ratification of the US constitution?
It lacked a list of civil liberties to protect individuals against abuse of power by the federal government it created a central government that was too powerful the central government was too distant and complex to be effectively controlled by the people
Despite contention from the anti-federalist, the proposed constitution one ratification. What was the argument the federalists used to convince enough anti federalist to support ratification of the new constitution?
It was better to adopt the constitution in its current form and then later fix any problems through amendments
Why did the colonists protest the stamp act?
It was unconstitutional taxation without representation
How is strict scrutiny applied to the US Supreme Court?
Laws are presumed unconstitutional unless substantially related to an important government interest applies only to civil rights related to suspect classes
Georgia's constitutional liberties place legal obligations on which of the following?
Local governments within Georgia georgia's state government
17th amendment
Mandated that US senators must be elected by the people of each state
Why did the founders choose the Electoral College instead of direct popular election to elect the president?
Many founders thought that people would be underinformed and easily manipulated it was a compromise to give slave states more voice in presidential selection
In Obergefell V Hodges 2015, the US Supreme Court made what two rulings?
Marriage is a fundamental right protected by the liberty of the due process clause There is not sufficient justification from excluding same-sex couples from exercising the fundamental constitutional right to marry
What does it mean to give the people tight Democratic control over their legislature?
Members of the state legislature are regularly held accountable to voters
Often, states could not resist the temptation to avoid paying requisitions made by the central government period to highlight a flaw in the design of the articles of Confederation, what was the only punishment the central government could use to gain compliance to those requests?
Military force
Which of the following statements is true about African American political empowerment during reconstruction
More than ten African Americans served in Congress African American voters were key to Republican Party influence in the South Hundreds of African Americans served in state legislatures
State government
Most of criminal law Granting of hunting licenses Family law
Because the anti-slavery delegates did not want the southern slave Dudley kids to leave the constitutional convention, the resulting constitution did a lot to protect slavery. However, these provisions are mostly hidden. Why is this?
Most of the framers were of the view that the constitution's protections for slavery were an embarrassment that should be concealed as much as possible
Title two of the Civil Rights Act of 1964 bans discrimination in public accommodations. Which of the following is true about public accommodations?
Motels are an example restaurants are an example they are privately owned
20th amendment
Move the president's inauguration day to January 20th and required Congress to convene on January 3rd
Literacy test
Must demonstrate "sufficient" knowledge to vote
Poll tax
Must pay to register to vote
What legal application of the government, regarding the 6th amendment right to counsel, was established in Gideon V Wainwright in 1963?
Must supply attorney when one is requested but cannot be afforded
How did the civil war contribute to the development of US Federalism?
New amendments shifted more power to federal government Removed slavery and threat of secession from political conversation
What was the impact of the reform movements of the Progressive Era?
New demands on federal governments to play a greater role in regulating the economy in society
26th amendment
No one 18 years or order can be denied the right to vote on account of their age
Changes to which things have resulted in more power to the federal government, over states and individuals?
Number and power of federal bureaucratic agencies What the people want the federal government to do The power of the purse The federal government's constitutional authority
What provisions are specified in Article IV of the US Constitution?
Obligations of states to one another responsibilities of federal governments to states and/or territories
What was the Atlanta Compromise?
Offered to stop agitating for full rights and equality, if African Americans were allowed opportunities for economic improvement Brainchild of Booker T Washington, that allowed gradual integration of African Americans into society
What were FDR's New Deal Programs?
Over 25 major acts for economic relief, recovery, and reform to prevent another economic depression from occurring
What were some of the drivers of white supremacy in the South?
Perceived threats to social status and identity of whites perceive economic threats to working class whites pan of military defeat
What happened because the democratically controlled state governments were reluctant to levy taxes on individuals?
Political conflicts arose within states between creditors and debtors the economy suffered from inflation because states tried to pay debts by printing more paper money state and Congress accumulated high levels of debt
What are some characteristics of a right to a jury in criminal trials?
Potential jurors must be drawn randomly Originates with the 1215 Magna Carta Cannot exclude yours based on race or gender
What was the US Supreme Court's role during the Progressive Era?
Preserving the traditional division of authority between state and federal governments
What rights and privileges did the colonist believe their constitutionally entitled to as free British subjects
Privilege of the writ of habeas corpus The right to not be taxed unless they could vote for their representatives in government Limitations on the government's ability to search the private property of criminal subjects Freedom of the press Trial by jury Right to petition the government Prohibitions on ex post facto laws
What are two causes of the 14th amendment?
Privilege or immunities clause due process clause
What is devolution?
Process of the federal government returning functions and powers to state and local governments
18th amendment
Prohibited the manufacture, sale, in transportation of intoxicating liquors
What are some characteristics of the 8th amendment's prohibition on cruel and unusual punishments?
Prohibits execution via drawing, quartering, or burning at the stake The death penalty may be inflicted constitutionally, under certain conditions
The Virginia Plan
Proportional representation The large state plan The number of representatives for each state in Congress is based on the state's population
What characterizes the actual malice standard?
Provides a higher standard of proof to defamation suits brought by elected officials or public figures person accused of defamation must know that the statement was false, or demonstrate reckless disregard for the truth
Generally speaking, how are public and private discrimination currently made illegal?
Public discrimination is banned in constitutions and legislative statues private discrimination is banned only in legislative statues
The senate
Quasi-aristocratic The upper house Meant to promote virtues such as knowledge, wisdom, experience, and patience
During which eras did the federal government make significant efforts to protect and empower African Americans?
Reconstruction Civil rights
How can a fully centralized national government threaten Liberty?
Remove states check on federal actions and powers must have had used capacity to enforce laws, federal, state, and local
_____________ Were essentially requests that the state governments pay money to Congress. Despite a legal obligation to comply with them, the states were reluctant to do so, and they came up with many excuses to avoid paying.
Requisitions
The central debate of criminal civil liberties is the attempt to balance what two factors?
Respecting the rights of suspects Empowering governments to deter punish crimes
White primary
Restrictions on nominating candidates
What was the impact of Lyndon B Johnson's Great Society on federal spending and priorities?
Rise of categorical grants and cooperative federalism Increased federal protection of civil rights from states abuse Creation of Medicare and Medicaid
What are some characteristics of the original federal system set up in the US constitution?
Senators appointed by state legislatures to six-year terms with no recall representatives and president were accountable to people via popular election
What doctrine was introduced in Plessy v. Ferguson (1896)?
Separate but equal
The American founders took inspiration from a French lawyer and political scientists known as Montesquieu. What principle was Montesquieu's influence of the founding of America?
Separation of powers
What are the key beliefs of the Nation of Islam?
Separation of races Black nationalism Black people are genetically superior to whites
How are legislatures under tight Democratic control held accountable to the public?
Short terms for representatives Direct popular elections
Secessionists
Slavery White supremacy
Enumerated powers
Specific powers that are explicitly listed in the constitution Most are provided in Article I, Section 8
What are some types of expression that received less protection under the 1st amendment?
Speech promoting, and likely to incite or produce, "imminent lawless action" Student speech Obscenity Defamation Fighting words
What was the impact of the 1929 stock market crash?
Started a chain reaction that led to the Great depression Led to a revolutionary expansion of federal government's role in economy and society
What was the impact of Dillion's Rule?
State governments are legally constituted like unitary national governments
Which of the following are true about the Supreme court's recent rulings on this Second Amendment?
The Second Amendment protects an individual right to own and carry guns for self defense The Second Amendment right to bear arms is incorporated, and thus applies against the states, through the due process clause of the 14th amendment
What is the presumption of constitutionality?
The Supreme Court accepts the federal or state government's assessment of substantial a Faxon presumes related laws are constitutional
How has the Supreme Court generally interpreted the privileges or immunities into process causes of the 14th amendment?
The Supreme Court has operated as though the privileges or immunities clause does not exist. They have interpreted the due process clause much more broadly than its framers originally intended
What does the supremacy clause establish?
The US constitution and all federal laws are Supreme over state laws
What does the state action doctrine suggest?
The US constitution does not ban private discrimination
The constitution's preamble begins and ends with the words: "we the people do ordain and establish this constitution for the United States of America." what does this mean?
The US constitution was enacted under the authority of the sovereign people of the United States of America
The founders would write and ratify a new constitution to replace the articles of Confederation and perpetual union in 1788. What was the reason they had to do this?
The articles of Confederation and perpetual union created a central government that was too weak, and by extension, allowed the states to have too much power and independence.
What is stated in the preamble of the constitution? What is stated in the preamble of the constitution?
The authority for the constitution comes from with the people great aspirations of the constitution
What are the two principles of the Tenth Amendment?
The authority of the federal government is limited to only those legal powers that are delegated to it by the US Constitution Unless the US Constitution (or a state's constitution) prohibits a state from exercising a particular power, then the state is presumed to have that power
What are two principles of the 10th amendment?
The authority of the federal government is limited to only those legal powers that are delegated to it by the US constitution unless the US constitution prohibits a state from exercising a particular power, then the state is presumed to have that power
What are the characteristics of a confederacy?
The central government only claims authority over the state governments The central government does not claim direct authority over individual persons The central government has only one power to maintain good relations between the States and for coordinating collective action
The following provision was added to article 1, section 9 of the constitution as a compromise between the anti-slavery delegates and the slave state delegates: "the migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year 1808, but a tax or duty may be imposed on such importation, not exceeding $10 per person." What does this mean?
The class guaranteed that Congress would not ban the slave trade prior to 1808. But attacks may be imposed that does not exceed $10 per person
How did the convict-leasing system operate?
The convict leasing system developed from a loophole in the 13th amendment. Black males were arrested by the thousands in sentence to long prison sentences with forced labor for minor crimes are made up charges parade convicted prisoners were then least like property by the state governments to private industrial companies that ruthlessly drove them to work in slave like conditions
What are content-neutral regulations that can be constitutionally imposed by the government?
The government may impose content-neutral regulations that interfere with speech so long as such regulations are reasonable. Generally speaking, the Court has been willing to allow for content-neutral regulations that are based on the "time, place, or manner" in which expression takes place
If a law meets any one of the conditions of the lemon test, then it is declared unconstitutional. Which are conditions of the lemon test?
The law must have secondary legislative purpose the law must neither advance nor inhibit religious practice The law must have a secular legislative purpose The law must not result in an excessive government entanglement with religious affairs
The revolutionary generation drew inspiration from preexisting materials when drafting the constitution. What were they?
The leading writers on what the founders called "the science of politics" The spirit of the laws by Montesquieu Their own experiences under the colonial systems of government
After several years of experience with the revolutionary state constitutions, what did many founders come to conclude?
The legislature is dominated the other branches of government The legislature was not living up to the ideals of rule of law and constitutional government
Jefferson took inspiration from the principles of John Locke. It is especially reflected in the second tenet of America's Creed, "are endowed by their creator with certain unalienable rights, that among these are life, Liberty, and the pursuit of happiness". Which of Locke's principles are reflected by this excerpt?
The theory of natural rights
What are some circumstances in which the death penalty cannot be applied?
The victim does not die as result of the crime the defendant is unable to rationally understand the reasons for their execution defendants under the age of 18 at the time of the alleged murder
The Miller test was established to help the Supreme Court identify expression exempt from constitution protection. Which condition must be met in order for a work to be considered obscene?
The work depicts or escribes, in a patently offensive war, sexual conduct specifically defined by the applicable state law The average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to prurient interest The work, taken as a whole, lacks serious literary, artistic, political, or scientific value
Under the articles of Confederation, the central government consisted solely of a unicameral legislature. What problems arose because of this?
There was no branch dedicated to diplomacy, or commanding the military There were no government departments to carry out public policy
Why do most Americans believe standing armies to be the end of Liberty?
They were the way that executives are able to consolidate all government power and rule without the control of the people or the other branches of government. They would result in an authoritarian form of government.
State legislatures were required to select delegates to the US Congress every year. However, they were allowed to recall any delicate at any time and replace that person at the new delicate period how did this affect the dynamic between the legislature and the delegates?
This gave state legislatures powerful leverage over congressional delegates
What is a progressive income tax?
Those who make higher incomes pay higher taxes than those who make lower incomes
why was the Student Nonviolent Coordinating Committee founded?
To allow student activists to chart their own course independently from the southern Christian leadership conference leaders
The Continental Congress was formed as a reaction to Britain taking control of the Massachusetts colony. What was its original purpose?
To present a unified front of resistance to British policy
Where can the constitutional rules that define US federalism be found?
US Supreme Court decisions US constitution
Libertarian
Unnecessary, ineffective, improper, harmful
Why did Congress never actually resort to using military force against state governments for nonpayment of requisitions?
Using military force would mean significant loss of life and property The articles of Confederation did not explicitly grant Congress the legal authority to use military force against delinquent states It would create ill will amongst the states between the States and the central government
WEB Du Bois
Voting rights necessary for economic and social progress Fight for full civil rights immediately The souls of black folk
What are the two ways the US constitution delegates powers to the federal government?
implied powers enumerated powers
How do differences in values and interest among different states lead to an argument against uniform national standards and toward state level or municipal level policy making?
When dollars and interest are different across states, it is difficult if not impossible for uniform laws and standards to adequately reflect that diversity. In those situations, it can be better for laws and policies to be made at the most local level possible
In accordance with the first state constitutions, who was allowed to vote in all of these states?
White men
Liberal
Wise and proper, maybe should've gone farther
Once an amendment is proposed, the constitution provides two different ways proposed amendments can be ratified. What are they?
a vote of 3/4 of special popularly elected ratifying conventions to ratify 3/4 of the state legislature voting to ratify it
13th amendment
abolished slavery everywhere in the United States
What was the impact of the Miranda V Arizona 1966 rolling?
acknowledged psychological coercion as well as physical officers must now prove that the suspect intentionally waived their rights
Total incorporation
all civil liberties automatically incorporated via due process clause
What is meant by the following passage from Alexander Hamilton? "The only distinction between freedom and slavery consists in this: in the former state a man is governed by the laws to which he has given his consent, either in person or by his representative; in the latter, he is governed by the will of another. In this one case, his life and property are his own; in the other, they depend upon the pleasure of his master. It is easy to discern which of these two states is preferable. No man in his senses can hesitate in choosing to be free, rather than a slave."
any person subjected to laws without his consent is a slave
What behavior by the government counts as a search that is protected under the 4th amendment?
any surveillance where you would have reasonable expectation of privacy physical invasion of home and/or physically touching the body
The greatest level of control over the government is that is exercised by the people is provided by article one of the constitutions. What were the stipulations provided by article one?
anyone who is eligible to vote for the state legislature is eligible to vote for members of that US House of representatives members of the house serve 2-year terms
Rational basis
applies to discrimination based on age, disability, and economic status law is constitutional unless shown it is not rationally related to a legitimate government interest law standard of review
Where was the Philadelphia convention?
armed rebellions had begun to rise in several dates, in particular shays rebellion congress couldn't afford to order union troops to quell emerging rebellions
What is the power of judicial review?
authority of courts to decide whether acts of government are constitutional or unconstitutional
Known as the great compromise, Roger Sherman of Connecticut proposed that the New Jersey plan and the Virginia plan be merged to form a ____________ legislature. One house would have proportional representation, and the other house would have equal state representation.
bicameral
President Clinton worked with republicans to convert categorical grants related to welfare, job training, and transportation into
block grants
What are some of the characteristics of confederacies?
central government claims authority over governments central government cannot punish member states for failing to comply
What key feature prevents a political organization from being a confederacy?
central government has authority over individuals
A system of __________ was designed to keep the three branches of government truly separate from one another by a comma somewhat paradoxically, giving them a bit of power over one another period this interest that no one branch is more powerful than the other
checks and balances
Work past the major contribution of freedmen's Bureau with the longest-term impact?
creation of schools for African Americans throughout the South
The ideological conflict between those that seek to promote the equal status of traditionally subordinated groups, and those that seek to promote Ora poultry to show more values, is called the
culture war.
In a ____________________, there is a central government and state governments come up, but the system is designed such that the states maintain as much sovereignty and independence as possible
confederacy
What was the impact of the reconstruction amendments?
considered sleeping Giants for future political movement transferred US constitution to a high degree
What is "principled federalism"
consistent commitment to particular federal structure even if one dislikes the policy outcomes
How can a strong national government affect opportunity and compliance costs?
creates an provides uniform rules and standards to reduce opportunity and compliance costs
What were some key accomplishments though Voting Rights Act of 1965?
creating the preclearance requirement banning literacy tests and other devices intended to suppress voting
2008
death penalty can be imposed only effective dies
1976
death penalty ruled constitutional when 2 trials are used: one for determining guilt, one for determining sentencing
What are some characteristics of peonage in the South?
demeaning labor conditions using forced labor contracts made illegal in 1867, practiced until 1940s apply to 1/3 of farm workers on large plantations
In the first years of the New Deal, the US Supreme Court found many New Deal policies to be unconstitutional due to their involvement with
economic production
The federal government has used its power of the purse to ______ state governments to implement national programs
encourage
21st amendment
ended prohibition
The American Revolution occur during a period in history known as the age of ___________. This was a period marked by a high level of optimism about the capacity for human beings to use reason to better understand their world and thereby improve the human condition
enlightenment
How many electors does each state have?
equal to the number of representatives each state has in the House of Representatives in the Senate
Which clauses in the First Amendment are used to protect religious freedom?
establishment free excersize
Which levels of government come out according to the 1993 religious freedom restoration act, must meet "strict scrutiny" when passing laws that potentially infringe on personal religious liberties?
federal
The original constitution and the first 12 amendments are known as the _________ because all of it was the work of the founding generation.
founders' constitution
It is estimated that, on average, the percentage of white men eligible to vote in America under the new revolutionary constitutions was __________ greater than in Britain
four times
The ____________ granted slaveowners a constitutional right to recapture runaway slaves who had fled to other states, including states where slavery was illegal. And, as importantly, it took away the right of states to pass laws to protect and or emancipate runaway slaves
fugitive slave clause
What is the role of the necessary and proper clause?
gives Congress the authority to make laws that execute its enumerated powers
Public
government
What legal protection does the exclusionary rule outline?
if the government sees as evidenced during unconstitutional search come back on the evidence may not be admitted into court
How did the articles of Confederation contribute to the poor economic conditions during the 1780s?
it lacked the power to raise the money to build a Navy to protect the import/export/trade of goods state governments did not want to levy it taxes on individuals
Intermediate scrutiny
law presumed unconstitutional unless it is substantially related to promotion of important government interests applies to sex-based discrimination
According to the Supreme Court, the right to bear arms is not absolute. Thus, much debate now revolves around how
limited the right is.
Disunited
more difficult to resolve conflicts peacefully difficult to forge fair and mutually beneficial policies Governments relate to each other through diplomacy and military force
Accommodation
more likely to be preferred by justices on the right Establishment Clause requires no one to be forced to participate, and government cannot promote or endorse one religion over another
How can a strong national government affect minority rights?
more likely to respect and protect minority rights than states
What was the first representative legislative institution in the colonies?
the House of Burgess in Virginia
What is the undisputed core principle of the Establishment Clause?
no official or mandatory government religion
What protections does article three provide for criminal suspects?
no one may be convicted of treason unless a suspect confessed, or two witnesses testified to having observed the same act of treason all criminal trials must be by jury
The freedom of expression is_____; There are ______ circumstances where the right can be restricted.
not absolute, some
Other principled federalism may have never been prevalent historically, today it is clearly
not applicable
What are some characteristics of unenumerated constitutional rights?
not explicitly mentioned in the constitution protected by the due process clause of the 14th amendment
What are some civil rights African Americans were deprived of as a result of black codes?
own or carry firearms Own, sell, and lease property vote and run for office
What does Article 4, Section 3 of the US constitution ensure?
only states have the power of changing their geographic boundaries
Which of the following statements is true about Lawrence V Texas 2003?
overturned the 1986 US Supreme Court ruling Bowers versus Hardwick US Supreme Court adopted Georgia's High Court reasoning from 1998 Established that the constitutional right to privacy is violated when last seek to regulate sexual activity engaged in by consenting adults in the privacy of their own home
Conservative
partly beneficial and necessary at time, but lamentable that its paved way to expansive welfare state
What were the central goals of the Democratic Party in the South after the civil war?
perpetuating white supremacy restoring slavery
The US Supreme Court interprets the Tenth Amendment as affirming that the federal government does not have inherent
police power
Why did the 1937 US Supreme Court introduce a new interpretation of the federal government's constitutional authority?
president Roosevelt's court packing plan
How can a strong national government affect the preservation of the union?
prevent states from becoming too independent or powerful access a basis and guarantor are of peace, prosperity, and cooperation
What are two clauses of the 14th amendment?
privileges and immunities clause due process clause
Ever since Roe V Wade 1973, the Supreme Court has held that the constitutional right to privacy derives from the due
process clause.
22nd amendment
prohibited anyone from serving more than two terms as president
What are some key arguments for greater national government authority, and less state government authority?
providing national public goods in reducing negative externalities protecting minority rights reducing compliance cost or standardization and uniformity of rules Preserving the union
Implied powers
provisions are a source of these powers Necessary and proper clause is a common source of these powers Powers not explicitly granted to congress but rather can be inferred to exist by the letter and spirit of the text of the constitution
Georgia is one of five states that does not have its own law banning private discrimination in
public accommodations
The radical republicans left on lasting constitutional legacy of the 13th, 14th, and 15th amendments to the constitution period they were known as the _________ amendments.
reconstruction
The federal government made significant efforts to protect and empower African Americans during the
reconstruction and civil rights eras.
A _________ democracy is a form of government where a small number of political officials and government make and enforce laws on behalf of the majority of the citizens who are outside of government
representative
In the US, the areas of exclusive state government authority are referred to as states
reserved powers
What are some characteristics of the 5th amendment's protections against self-incrimination?
right not to testify at trial, or have silence used against them more strongly protects criminal defendants than others testifying
What does welfare state mean?
set a federal government programs that promote economic security, health and wellbeing of citizens, especially those in financial or special need
Restricted
shouting "active shooter!" in a crowded theater students wearing objectional clothing at a school event using words intended to provoke others into fighting Making false statements that harm someone's reputation Setting loudspeaker volume to maximum at a protest
Shared
state and federal governments are prohibited from establishing a religion Establishment Clause prohibits government from passing laws requiring people to attend or pay money to a religious institution
During the constitutional convention, the founders had to consider the strong differences of interest in opinion amongst the people of different states. What were the key constituencies that needed to reach a compromise?
states with large populations and small populations northern States and southern slave states
It was very difficult to enact proposed policies because the articles of Confederation required a _________ of nine states (70%)
supermajority
The article VI ________ clause of the constitution states that if there is a conflict between state law and federal law in an area of concurrent authority, the federal law takes presidents over the state law
supremacy
1987
systemic racial bias ruled not enough to prove racial discrimination unconstitutional, unless proven in a specific case
Concurrent authority
taxation
Phase 2
was the government interference with religions practiced the result of pursuing a compelling government interest? Was there a way for the government to pursue the compelling government interests that would have placed less of a burden on the free exercise of religion?
27th amendment
when Congress votes to raise the pay of congressional members, the pain groups cannot take effect until after the next congressional election
Nixon's most significant legacy, with regards to federalism, was to replace categorical grants
with block grants.
Which of the following are considered to be forms of freedom of expression protected by the 1st amendment?
writing, speaking, and printing political material burning flags
The constitutionally protected right to a speedy trial in the 6th amendment may take several
years.
