POLS 1101: American Government (Fall 2021) Study Guide: Exam 2

What was "the great and radical vice" in the design of the Articles of Confederation according to Alexander Hamilton? Why did this "vice" contribute so greatly to the weakness of the Articles of Confederation?`

" The great and radical vice" in the design of the Articles of confederation according to Alexandar Hamiltion meant having a confederacy structure. It contributes to the weakness because the central government was unable to effectively exercise power over the state governments

Among other things, changes in how the Supreme Court interpreted the Constitution beginning in 1937 paved the way for the modern welfare state. What is meant by "welfare state"? How has it impacted American federalism?

"welfare state" is the name given to the set of government ,promotes the economic security, health, and well being of citizens especially those in need.

The textbook highlights three acts of Congress that were the most influential acts of civil rights legislation of the 1960s. What were those three acts?

* civil rights act of 1964 * voting rights act of 1965 * fair housing act of 1968

Be sure to know and understand the sources of the ideas that influenced the Founders as they drafted constitutions during and after the Revolutionary War. For example, who was Montesquieu and what was his significance? And what was the Age of Enlightenment?

*The sources of ideas that influenced the founders as the they drafted constitutions during and after the revolutionary war came from pre-existing material. They drew ideas from being under british rule, keeping the things they liked and taking out the ones the didn't. They also got some help from politcal scientist montesquieu, he was held at high esteem by the founder because of his idea of the principles of separation of powers was esstiental for pereserving liberty. *The age of enlightenment was a period of high level optimism because people began using reasoing to understand the world better, also it was a time of new ideas.

How did Ronald Reagan try to reign in the size and influence of the federal government? Were these measures successful? Why, after three decades of decline, did the national debt double during the 1980s (when Reagan was president)?

- Ronald Reagan way of try to reign in the size and influence of the federal government: * Reducing taxs and forcing the federal government to cut spending. * Reduces government spending on grant in aid. - Although the tax cuts reduced revenue to the federal government the spending increase

The Sixth Amendment provides six separate rights, all of which pertain to defendants in criminal trials. * If someone goes a full year after being charged with a crime before having a trial, would this necessarily result in charges being dropped on account of the person being deprived of their right to a speedy trial? * According to the Supreme Court, what exactly is required by the 6th Amendment command that criminal trials must be by an "impartial jury"? * What did the Supreme Court declare about the 6th Amendment right to an attorney in Gideon v. Wainwright (1963)? What specific impact (discussed by the textbook) did this decision have on the criminal justice system?

* If someone goes a full year after being charged with a crime before having a trial, this not would necessarily result in charges being dropped on account of the person being deprived of their right to a speedy trial. * Juriers must not be biased defendants is required by the sixth amendment. * The Supreme court declared that they must grant a laywer upon request as said in the sixth amendment. The Specific impact this decision had on the criminal Justice system is that they now employ over 15;000 public defenders.

The U.S. Constitution "delegates" powers to the federal government in two ways: through enumerated powers and implied powers * Where in the Constitution are most of Congress' enumerated powers listed? * What do these terms—enumerated / implied powers—mean? * What is the Necessary and Proper Clause? What are "amendment-enforcing provisions"? How are they sources of implied powers

* In the Constitution most of Congress' enumerated powers are listed in Article I, section 8 * Enumerated powers- Legislative powers specifically given to congress in the U.S constitution. * Implied powers- Power that are not specifically given to congress but are implied by the letter and spirit of the text of the constitution. * The Necessary and Proper Clause grants congress authority to make all laws which shall be necessary and proper for carrying into Execution all other powers granted by the constitution. * "Amendment-enforcing provisions" grants congress authority to enforce the rights guaranteed by amendements. * The Necessary and Proper Clause and amendment-enforcing provisions are major sources of the federal governments implied powers.

A baseline rule of the Supreme Court's approach to the freedom of expression is that government may not (with a few clearly defined exceptions) enact "content-based restrictions" on expression (especially if the expression is political). * What does Oliver Wendell Holmes' notion of a "marketplace of ideas" have to do with the Court's insistence that content-based restrictions are almost always in violation of the constitutional right to free expression? * What is meant by "content-neutral regulations" and what do they entail? * The textbook discusses two forms of expression that are protected by the U.S. Constitution (as interpreted by the U.S. Supreme Court) but that are not constitutionally protected in other democratic countries. What are those two forms of expression?

* Justice Oliver Wendell Holmes famously endorsed a metaphorical " competitive marketplace of ideas" on the grounds that the " best test of truth is the power of the thought to get itself accepted in the competition of market. * "content-neutral regulations" usally upheld reasonable restrictions based on the time, place, or manner. Restricting freedom of expression but does so without being directed at a particular message. * Two forms of expression protected by the U.S is hate speech and spending money on political campaigns.

Be able to match the modern liberal, conservative, and libertarian perspective on FDR's New Deal.

* Modern Liberal- Wise and proper * Conservatives- beneficial and necessary at times, but they tend to lament the fact that it put the federal government on a long term path to the modern welfare state. * Libertains- unnecessary, ineffective, improper, and harmful

Be sure to know and understand how the 16th amendment impacted American federalism in these ways: * What is meant by "progressive income tax"? * What has the impact of the progressive income tax been in the U.S. since 1894? * Is income tax a major revenue source for the federal government or is it less important? * Using the power of the purse, how has the federal government influenced state governments?

* Progressive income tax is a tax structured in such a way that those who make higher income pay a higher rate than those who makes lower incomes. * The impact of the progressive income tax been in the U.S. since 1894 is they enacted a new 2% tax on the income taxes of the highest earners. This was intended to shift tax burbens from falling hardest on low income Americans and to falling in the highest incomes. * Income tax a major revenue source for the federal government because they provided to be a abundant source of revenue for th federal government. * The federal government influenced state governments by implementing national programs that the federal programs that the federal government could not feasibly implement on its own.

Civil liberties pertaining to criminal justice establish rules and procedures that the executive and judicial branches must follow when investigating, accusing, convicting, and punishing criminal suspects and convicts. * What, according to the textbook, is the purpose (or "aim") of these rules and procedures? * Generally speaking, how do liberals and conservatives tend to differ in how they interpret civil liberties pertaining to the criminal justice system? * Why, according to the textbook, is the incorporation of criminal justice rights under the 14th Amendment "especially important"?

* Respecting the rights of those suspected of crimes and empowering government to determine and punish crimes. * Liberals tend to be more concerned with protecting the rights of criminal suspect and convicts, you typically see these liberities as providing a strong protection for criminals. Conservatives tend to be more concerned with empowering government to prevent and punish criminal activities. * The incorporation of criminal justice rights under the 14th Amendment "especially important" because the U.S constitution is now seen as protection for the criminally accused.

The Declaration of Independence expressed philosophical principles that are sometimes referred to as "America's Creed."

* The declarations claim about human equality was that all men were created equal. * The declarations claim about natural rights was that they have the right to certain an alienable rights such as life, liberty, and the pursuit of happinesss. * The declaration say about the legitmate ends of government that whenever any form of government becomes destructive, its the right of the people to abolish it or alter it. * According to the declaration, The source of the government's legimate authority is the consent of the people * According to the declaration, the people have the right to withdraw their consent from the government, to abolish, and to create a new government when confront with a government that is destructive of the ends which governments should serve.

Make sure to know and understand how the Article VI Supremacy Clause and the Tenth Amendment help to define American federalism. * What is the Supremacy Clause? * What are the two important principles found in the Tenth Amendment

* This clause establishes that all federal laws - including those of the U.S constitution, congressional statutes, executive orders, and treaties- are supreme over state and local laws. * The tenth amendment establishes two important principles of American federalism: - The authority of federal government is limited to only those legal powers that are delegated to it by the U.S. constitution. - Unless the U.S constitution prohibits a state from exercising a particular power, the the state is presumed to have that power.

Which three amendments are referred to as the Reconstruction Amendments? * What did each of those amendments declare? * In what ways did these transform the Founders' Constitution—particularly with respect to slavery and white supremacist views of American citizenship?

*The three amendments are referred to as the Reconstruction Amendments are the 13th amendment, which abolished slavery. The 14th amendment that establishes birth right citizenship, and the 15th amendment that declares it unconstutional to deprive someone the right to vote because of race. * The ways these transform the Founders' Constitution—particularly with respect to slavery and white supremacist views of American citizenship is it gave the federal government a new responsibility for protecting the fundamental liberties and freedoms of individuals against or by the government.

According to the Supreme Court, which of the following forms of expression are entitled to less First Amendment protection than ordinary forms of political expression: flag burning; slander of public figures; obscenity; student speech (in public schools); hate speech; the spending of money on political campaigns; "fighting words;" expression that merely promotes (but is unlikely to actually produce) lawless action; content-neutral restrictions on the time, place and/or manner in which ideas are expressed; expression that promotes, and is likely to incite or produce, imminent lawless action; libel of public figures?

-Forms of expression that are less protected by first amendment * obscenity * student speech in public school * fighting words * expression that promotes, and is likely to incite or produce * libel of public figures

Make sure to know and understand the first five design principles of the Articles of Confederation discussed in the textbook and how these contributed to the weakness of the central government. Make sure to also know and understand the sixth design principle of the Articles of Confederation discussed in the textbook. (See all below with additional guiding questions)

- The first 5 design principle of the articles of confederation and perpetual union * no distinct branches of government * lack of clear supremacy of treaties and other national laws. * tight control of congressional delegates by state legistuature. * Supermajority > supermajority voting in congress * no direct control by people over congress

The Establishment Clause establishes there can be no official or mandatory government religion in the United States. * What is the difference between the concepts of "separation of church and state" and "accommodationism"? * What is the Lemon Test and why is it associated with the Establishment Clause

- The separation of the church is seen as endorsed by liberal justices and accommodationism is viewed endorsed by conservatives. - The lemon test is a list of conditions that if not met is an unconstitutional violation of the establishment clause. * The law must have a secular legistative purpose * The law must not result in an excessive government entangled with religious officials * The law must neither advance nor inhibit relgious practice.

What is judicial review?

Authority of courts to decide whether an act of government is constitutional or unconstitutional.

Which act of Congress (passed in 1964) bans discrimination by public accommodations? Is discrimination by public accommodations prohibited by the U.S. Constitution or by legislative statutes?

Private discrimation is banned from the places because of the civil rights act of 1964.

What was the "Great Society"? Which president proposed it?

The Great society was president Lyndon Blaine Johnson ambitious public policy agenda.

What does "reserved" power entail in terms of state authority in the U.S. federal system?

"Reserved" power entails in terms of state authority in the U.S. federal system that there are areas exclusive to state powers and can not be altered.

What is the general subject matter of Article I of the Constitution? What is the subject matter of Article II? How about Article III?

The general subject matter of Article I of the Constitution is the legislative branch of the federal government. The subject matter of Article II is the executive branch. Article III establishes that there is to be a feral court system composed of one supreme court and also "inferior courts" that can be created by congress.

Generally speaking, has the power and authority of the national government increased or decreased over time?

The power and authority of the national government increased over time.

The "marriage law doctrine of coverture" is just one example of historical barriers faced by women in the U.S. What does this term mean? And what are some other examples of historical barriers faced by women according to the textbook?

"The marriage law doctrine of coverture"is an example of a historical barrier faced by women in the United states. This says that women must give up the majority of their rights when they get married. They also faced laws that prevented them from getting a job and a degree.

The police power is the other Supreme Court doctrine fundamental to American federalism. What is meant by "the police power"? (HINT: It is not about police officers.) What does it have to do with the constitutional law of American federalism? Are there any constitutional limits on the police power of the state governmen

"The police power" is the idea that a government has inherent authority to make laws and regulations to promote the healthy, safety, welfare, and morals of the people. It has to do with the constitutional law of American federalism because the idea that the federal government only has those powers to delegate to it by the constition has been interpreted as affirming that the federal government does not have inherent police power. There are no constitutional limits on the police power of the state governments.

Be sure to understand these five arguments made by proponents of greater national government authority:

(1) Preserving the Union- When the state has to much power they they threaten the union. (2) Reducing Compliance Costs Through Standardization and Uniformity of Rules- Reduces the cost associated with complying with laws and regulations. (3) Providing National Public Goods and Reducing Negative Externalities- National government is more likely than state government to identify and provide nationwide public goods (4) Protecting Minority Rights- large democratic governments is more likely to respect and protect minority rights than are smaller democratic governments. (5) Preventing Races to the Bottom- Greater national governments can uphold higher standards and enforce policies to prevent races to the bottom.

Be sure to understand these five arguments made by proponents of greater state government authority:

(1) Protecting Liberty- If power were to be fully centralized in the national government would be become highly oppressive. (2) Representing the Diversity of Local Community Values and Interests- The diversity of local community values and interests around the country can often make uniform national standards undesirable. (3) Learning from Policy Experimentation ("Laboratories of Democracy")- Federalism allows states to conduct their own policy experiments and this allow everyone to learn what works best and what does not work. (4) Benefiting from "Foot Voting"- People/ Businesses have the right to move if they don't agree of support the polices of state. (5) Fostering Democratic Citizenship- Increase opportunity for citizens for participate in government.

What was "the Great Compromise"? Why was the Constitutional Convention in a stalemate before it? What were the names of the two main plans that were being debated before the Great Compromise broke the stalemate? What was the scheme of representation in each plan?

* "the Great Compromise" as known as the connecticut compromise the sought to solve disagreement between large and small states at constutional convention how to apportion seats in congress. * The constitutional covention was in a stalemate before it because no one 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 was resolved. * The names of the two main plans that were being debated before the Great Compromise broke the stalemate was the new jersy and virgina plan.

The Original Constitution protected slavery in at least four different ways.

* Anti-slavery delegates want slaves to NOT be counted at all for purposes of calculating each state's number of representatives because it allowed for slave owner to accomadate to count slaves as their property. Slave-state delegates want each slave to be counted as at least three-fifths of a person cause the compromise will allow them to count there slaves a whole people for the purposes of appointing seats into the house of representatives. The name of the compromise that was reached over how to count slaves as the 3/5 compromise. * The Electoral College is a voting system established by the U.S constitution for slecting president. By this system. each state is allocated a number of individuals called electors equal to the number of members of state in house of representatives and senate. The person hwo becomes president is the person who wins the most votes from the electors. *

During the Critical Period, many political leaders contended Americans would be much better off if the states remained united rather than separate and isolated. Be sure to know and understand the reasons why unification was desired and argued for by these political leaders.

* Easier to defend themeseleves from security threats. * There was already to much economic protectism between states and if disunited there will be even more. * It would make coming to an agreement on political and military struggles way more intense then it already is under a unitied government. * It would most likely start a war between them, which would lead to the creation of long standing armies.

What are block grants? And what is meant by "devolution"? How are these terms related to Richard Nixon and the conservative backlash against the liberal federalism of FDR and LBJ?

A block grant is a federal grant in aid that provides states and local governments with significant freedom to decide how to spend the money. Devolution was the process of the federal government returning functions and powers to state and local governments that had been assumed by the federal government since the new deal and great society. This related to richard nixon and the conservative backlash against the liberal federalism of FDR and LBJ was the spending on grants and local government declined by 33% during his time in office.

What is meant by "rational basis"?

A rational basis is the lowest Standard review, the court presumes a law to be constitutional unless it is shown that the law is not rationally related to a legitimate government interest.

While the LGBTQ+ community is diverse, what common goals hold the coalition together?

All groups face cultural, Social, and or legal Oppression on account of their sexuality and /or gender identities

How does Article IV, Section 3 of the U.S. Constitution protect the territorial independence of states? Why does this render the United States a federal system rather than a unitary national government?

Article IV, Section 3 of the U.S. Constitution protect the territorial independence of states because it states that no current states geographic boundaries can be altered without consent of the states legislature.

What is strict scrutiny? What does it have to do with the Sherbert Test?

Before moving on to phase two the government action must with stand what is called a strict scruntity. * Does the issue still interest the government * Is it the the easist option for the government to keep pursing the cause.

In what state did the most lynchings occur between 1877-1950? How many lynchings occurred across the nation during this period?

Between 1871 and 1950, Over 4,000 African Americans were lynched in the united states. These occur mostly in southern Sinters, however the majority occured In georgia.

Be sure to know and understand the definition of civil liberties.

Civil liberties are legal rights designed to protect individuals from abuse of power by government.

How does the textbook define "civil rights"? Civil rights and civil liberties are both types of legal rights. How are they different from each other?

Civil rights aims to achieve equality, while civil liberties protect individuals from abuse of power brought on by the government

What happened during the Atlanta Race Riot of 1906?

During the Atlanta race riot 10,000 whites Stormed through Atlanta assaulting every black person in sight. An estimated 22 -25 African Americans were killed by white mobs, and over hundred were injured from the mobs burning homes" and black owned businesses during this 5 day rampage.

What did each side stand of the Civil War stand for according to the textbook with respect to slavery and white supremacy?

Each side stand of the Civil War stand for according to the textbook with respect to slavery and white supremacy was South secessionist stood for slavery and white supremacy. Lincolns republicans stood against slavery and for the role acceptance of all men are created equal regardless of race.

What was FDR's New Deal? How did the Supreme Court initially react to FDR's efforts?

FDR's New Deal was 25 major acts aiming at economic relief, recovery, and reform. Business challenged the New deals polices that regulated economic production, the U.S supreme court sided with the business and declared the policies unconstitutional.

What is federalism? Did the federal system created by the U.S. Constitution give state governments more or less power and independence compared to what they had under the Articles of Confederation?

Federalism is the principle of government that means authority is partly divided and shared between central government and state government. The federal system created by the U.S. Constitution give state governments more power and independence compared to what they had under the Articles of Confederation.

What were the Federalist Papers and why were they written??

Federalist papers essays written and published in the newspaper to convince to persuade New Yorker to vote to ratify the constitution.

What is meant by "grants-in-aid"? What are categorical grants? And what kind of impact did they have on the growth of the federal government?

Grants in aid are grants that in the form of of money or land provided by the federal government to state and local governments on the condition that the funds be used for purposes defined by the federal government, A categorical grant is a type of federal grant in aid that provides relatively stict and specific guidelines on how to the state or local government receving the money must spend it. By accepting these funds state allow federal to be in charge of implemations of public policythat was previous had no federal involvement.

What is meant by "heteronormativity"? How does this relate to homophobia and the oppression of LGBTQ+ people?

Heteronormativity is a belief that the only appropriate sexual relationship should be between male and female. This can lead to homophobia, which can lead to the bullying/ oppression of Lgbtq+ members.

In 1896, in Plessy v. Ferguson, the Supreme Court established the doctrine of separate but equal. What was this doctrine? What was its significance for the Jim Crow system of segregation?

In 1896 , In plessy v. ferguson, the Supreme court established the doctrine of separate but equal. As a result this became the constitutional justification for all other forms of government-mandated segregation in the Jim Crow era.

In 1996, the Supreme Court heard a case regarding admission into the Virginia Military Institute. What was decided in this case? What was the impact of that decision?

In 1996, the supreme court heard a case regarding admission into the Virginia Military institute. The court ruled that the Virginia Military institute had to accept women cadets. Which led to women being accepted into more male only public institutes.

Be sure to know and understand the differences between cooperative federalism and dual federalism.

In dual federalism the state and federal work separatly, while in a cooperative federalism they work together.

What standards were set by the Supreme Court's 1993 ruling on sexual harassment lawsuits?

In november 1993, the supreme court adopted a legal standard that makes it easier for victims of sexual harassment to sue in federal court.

Great Britain responded to the Boston Tea Party with several repressive policies. What was created in 1774 by Americans as a unified front of resistance to these new British policies?

In response to the boston tea party, in 1774, the british put up several repressive polices such as they called the coercive acts. Parliment ordered the closing of port of boston and took over government control of the colony of Massuchettes. To show the british government that the Americans unifed front of resistance to these new police they created the continetal congress.

What is "Incorporation"? What does it have to do with the Due Process Clause of the 14th Amendment? * What's the difference between "selective incorporation" and "total corporation"? Which approach has the U.S. Supreme Court used?

Incorportation means that the courts declare a civil liberty from the bill of rights to protected against state government abuse through the due process clause of the 14th amendment. * the difference between "selective incorporation" and "total corporation" is that selective is a gradual process while total is the idea that due process should autocamically be added in. Courts particularly favor selective incorportation.

In Planned Parenthood v. Casey (1992), the Supreme Court replaced the "trimester framework" (from Roe v. Wade) with something called the "undue burden standard"? What according to the textbook did the "undue burden standard" open the door for pro-life leaders to successfully implement?

Interferes with the rights of privacy of the 14th amendment due process clause, therefore mode all laws unconstitonal that out law sodomy by consenting adults and not Just homosexals

What is intermediate scrutiny? How is it different from strict scrutiny? To what form(s) of discrimination is intermediate scrutiny applied?

Intermediate is middle level standard review used if a law is presumed unconstitutional unless the government can demonstrate it is substantially related to the promotion of an important government interest. This differ from from strict scrutiny because Strict is for laws of importance while intermediate is laws of interest to the government, such as sex, however not sexal Orientition.

Is it liberals or is it conservatives who tend to favor gun rights more than gun control? How do proponents of gun rights differ from proponents of gun control in how they interpret the Second Amendment? * According to recent U.S. Supreme Court decisions, does the Second Amendment protect a right for individuals to own firearms for self-defense? Or does it only instead protect the right for persons to own guns for purposes of serving in a "well-regulated militia"? * Has the U.S. Supreme Court incorporated the Second Amendment under the Due Process Clause of the 14th Amendment.

It conservatives who tend to favor gun rights more than gun control. The proponents of gun rights is to give individuals the right too own and carry guns for their own self defense, and as interpreted in the second part of the second amendement "the right to bear arms". For proponents og gun control it indicates that it is not concerned with individuals being able to own and carry guns for protection, the only concerned with them owning guns if the serve in the military. As interpreted by the first part of the second amendment " a regulated militia" * No, the U.S supreme court broke with its prior decisions and declared for the first time that the second amendment protects an individual right own a file. * Yes, the U.S. Supreme Court incorporated the Second Amendment under the Due Process Clause of the 14th Amendment

What does judicial review have to do with how civil liberties are enforced in practice?

Judical review is the authority of the courts to decide whether an act of government is constitutional or unconstutuional.

Why has judicial review been important for the development of federalism over time?

Judicial review been important for the development of federalism over time because the constitutional rules the define federalism in the untied states can normally be found in the constitution or supreme court decisions.

What do the different letters of "LGBTQ+" stand for?

L - Lesbian, G- gay , B- bisexual, T-Transgender, Q-queer, I - Intersex, A - asexual, P- Polygamous, and Kink.

According to the textbook, looking ahead to the future of federalism, why are population aging and the rising costs of healthcare increasingly putting pressure toward greater federal government spending? Unless something is changed, the national debt will continue to grow. How are Republicans and Democrats currently differing in their approaches to this challenge?

Lack of principled federalism by either major political party leads one to subject that most movement, in the coming years will he towards the most movement int the coming years will be towards a more, rather than less, active federal government.

Literacy tests, poll taxes, and the white primary were three ways that African Americans were disenfranchised despite the 15th Amendment. * How were these used to deter African Americans from voting? * What impact did this have on voting in the South?

Literacy test; poll taxes, and the white primary were three ways that African Americans were disenfranchised despite the 15th Amendment. * Under Jim crow laws, blacks were excluded from Juries because jury services were tied to voting, and this was their way of preventing blacks from voting or running for office. * The black voting rate in the switch in presidential election dropped

Why did most Americans believe standing armies to be the end of liberty?

Most American believed standing armies to be the end of liberty becuase the way executive are consolidate all government power and rule uncontrolled by people or other branches of government. They believed its the reason for the growth of authorian government.

The state constitutions drafted during the Revolution expanded voting rights compared to previous democratic systems, but they still excluded a majority of the population. Some states excluded more than others, but no state had anything close to universal adult enfranchisement, which is the baseline expectation in democracies today. Make sure to know which social groups (based on race, gender, and property ownership) could vote in all of the states and which social groups could not vote in any of the states.

No state gave women or slaves the right to vote, and in some states on whites were allowed to vote.

What did Congress do in 1988 to compensate Japanese Americans for their internment during World War II?

Passed the civil rights act which granted reparation to those who had been interned by the U.S government during WW2

What is principled federalism? According to the textbook, is either political party committed to principled federalism today? If so, which one?

Principled federalist are commited to states rights even when thet expected most states to enacted policies the dissapproved of. Although there is reasons most to doubt thing were ever this simple, this much is certain it does not apply today.

What is meant by "affirmative action"?

Programs by employers or schools aimed at favoring individuals belonging to groups with a history of discrimination.

Be sure to understand what public accommodations are. (Remember, they are privately owned, and thus discrimination by them is private discrimination.)

Public accommodations äre privately owned businesses that are essential for living as a free and equal member of society.

How does the textbook define "religious freedom"? What is the name of the first two clauses of the First Amendment that are the constitutional basis of religious freedom in the United States?

Religious freedom is the federal statute passed in 1933 requiring government to exempt persons laws and regulations that have the effect of interfering with their free excerise of relgion unless the interference can stand the requirements of security. The name of the first two clauses of the First Amendment that are the constitutional basis of religious freedom in the United States: * the establishment clause- Congress shall make no law respecting an establishment of religion * the free exercise clause- A general term for the first amendment rights to freedom of speech, freedom of press, peaceable assembly and association

What does the term "requisition" mean? How did it function under the Articles of Confederation? Why did the central government's reliance on requisitions for raising revenue contribute to the weakness of the government?

Requisition are order to continue money to central government instuided by congress. However, under the articles of confederation the government because the state governments could choose not to pay.

According to the U.S. Supreme Court, what part of the U.S. Constitution is violated if state or local governments deprive same sex couples of the right to marry?

Several parts of the bill of rights, the right of privacy is a deprivation of liberty without due process of law and violates the 14th amendment due process clause

Since 1937, the Supreme Court has applied the "substantial effects doctrine" for interpreting the Commerce Clause. This has greatly expanded the federal government's authority to regulate the economy and society more broadly. What is this doctrine?

The "substantial effects doctrine" say the federal government can regulate any economic activities that has substantial effects on interstate commerece.

Be sure to know and understand why American's protested the Stamp Act and what the British argued as a counter.

The Americans protested the stamp acr on the grounds that the stamp act was unconstutional taxation without representation. The british counter arguement was that The Americans had virtual representaion. Which meant Americans views were properly shown in parliment since there were memebers of parliment who sympathize with the Americans.

How did this and other riots and massacres impact the civil rights movement and African American rights?

The Atlanta riot and other massacres scared African Americans Into backing down and forcing them into subordination, which had an effect on the civil right's movement

How does the Constitution's Preamble reflect the principle of "popular sovereignty."

The Constitution's Preamble reflect the principle of "popular sovereignty" because it was enacted under the authority of sovereign people.

What was the Critical Period?

The Critical Period (1783-1789) was a time during the revolutionary war were several developments led to many Americans worrying that the revolutionary experiment in democratic government was on the verge of ending in disaster. * The apparent instability of the union * Poor economic conditions * Political conflicts and armed rebillion at state level

The European conquest of North America, in particular, decimated the indigenous peoples' populations by 90%. How did the long-term effects of this extreme population loss impact the rise of the American Indian Movement?

The European conquest of North America, in particular, decimated the indigious people's population by 90%. The long term effects of this extreme population loss, the impact of the rise of thè American Indian movement was a reduction of over six million.

Why did the Founders choose a bicameral legislature instead of a unicameral one?

The Founders choose a bicameral legislature instead of a unicameral one because it facilitated the great compromise by allowing states to be represented equally in on chamber (the senate) and based on the population size in another.( the house of representatives.)

How did the NAACP help end the peonage system?

The NAACP helped end the peonage system by rasing awareness and fought federal action to end the convict- leasing and peonge system.

What caused the Supreme Court to adopt a new interpretation of the federal government's constitutional authority from 1937 onwards?

The Supreme Court to adopt a new interpretation of the federal government's constitutional authority from 1937 onwards because of the threat of the the court packing plan.

What is meant by standards of review? What are the three standards?

The U.S constitution developed a framework for reviewing the constitution of laws that appear to infringe upon civil rights called standard review. Its distributed in 3 different forms of discrination strict scrutiny, intermediate scrutiny, and rational basis.

What is the "actual malice standard" and what is its relevance for speech that allegedly defames public figures?

The actual malice standard requires public figures who sue press out of defamation of charcter to prove that the news sources intended " actual malice". More difficult for elected officials or public figures to win a defamation lawsuit.

Be sure to know and understand the arguments made by pro-unionists. Why do they see a united country as better than a disunited country?

The arguments made by pro-unionists: *It makes it more difficult for governments to resolves conflicts peacefully. * when the government are disunited they relate to each other diplomatically or military. * when they are united they relate to each other through political and legal process. They see a united country as better than a disunited country Pro-unionist feel that together they can be better fix problems; such as forging a fair and mutually beneficial economic arrangements, immigration polices, and environmental pollution control; then they would if they were disunited.

According to the textbook, what are the central issues today surrounding the deportation of illegal immigrants?

The central issues today surrounding the deportation of illegal immigrants is the separation of children from their parents.

Did civil liberties listed in the Bill of Rights of the U.S. Constitution apply to actions taken by state governments prior to the Civil War? Did they apply to actions taken by the federal government prior to the Civil War?

The civil liberties listed in the Bill of Rights of the U.S. Constitution does not apply to actions taken by state governments prior to the Civil War. The U.S constitution only protected the freedom of speech and other civil liberties from interference by the federal government.

What is the concept of reparations? And what does it have to do with the racial wealth gap in the U.S.?

The concept of reparations were the compensation of African Americansnm for have they were deprived of intergerational wealth on account of slavery/ discrimation

Do constitutions protect civil liberties against infringement by private individuals (or businesses) or do constitutions only protect against infringement by government?

The constitutions protects against infringement by government by placing legal obligations on the government.

What was the convict-leasing system? And what is meant by "peonage"?

The convict- leasing system was a system of re-enslavement, by which black men were arrested and convicted for minor crimes, given long prison sentences, and then leased (like property) by state governments to private industrial companies that ruthlessly drove them to do backbreaking work under extremely dangerous conditions. Another method used for re-enslaving African Americans is peonage, which was individuals being forced or tricked into signing labor contracts that obligated them to work for no pay with demanding labor conditions in exchange for their "employer" paying off their debt.

Beginning with Roe v. Wade (1973), what part of the Constitution has the Supreme Court claimed to be the source of protection for the right to privacy?

The court abandoned the trimester approach from roe and opened the door to more extensive regulation of albartion: To successfully implement tighter restrictions on abortion at the state level.

What is the difference between a direct democracy and representative democracy? Which of those two kinds of democracy did the Founders create with the U.S. Constitution?

The difference between a direct democracy and representative democracy is in a direct democracy all citizens directly participate in enforcing laws. In a representative democracy a small number of public officials in government make laws on behalf of majority of citizens were outside government. Out of the two kinds of democracy the Founders created the direct democracy with the U.S. Constitution.

On what ground did the U.S. Supreme Court, in Lawrence v. Texas (2003), declare unconstitutional a Texas statute that made it a crime to engage in sodomy "with another individual of the same sex."

The due process clause was the grounds that the U.S. Supreme Court, in Lawrence v. Texas (2003), declare unconstitutional a Texas statute that made it a crime to engage in sodomy "with another individual of the same sex."

Be sure to know and understand the Eighth Amendment and how it came to be interpreted throughout Supreme Court history. Are there instances when the death penalty cannot be applied?

The eighth amendment prohibits excessive bail, fines, and cruel and unusual punishment. There are Instances when the death penalty cannot be applied because before anyone can be sentenced to death, the must go througn two Separate trials. (gulity or innocents)( determining. the sentencing)

Which group—the Federalists or the Anti-federalists—supported ratification of the U.S. Constitution? Which opposed ratification?

The federalist supported ratification of the U.S. Constitution, while anti-federalist opposed it.

What are first ten amendment to the Constitution called? What did the Anti- federalists have to do with the origin of those amendments?

The first ten amendment to the Constitution called the bill of rights. The Anti-federalists had a part with the origin of those amendments by pointing out that the central government was to powerful and to distant and complex to be efficiently controlled by the people. This lead to them fixing it later.

Experience with the original state constitutions led the Founders to seek ways to control the power of legislatures. This led them to conceive the idea of "checks and balances" between branches of government, a principle that would eventually be instituted in the U.S. Constitution. Make sure to understand this discussion in the textbook.

The founding fathers felt like legislature had to much power, which was messing with priniple of separation of powers,as a result checks and balances were implemented

What, according to the textbook, is "the primary purpose" of the 4th Amendment? * What does "reasonable expectation of privacy" have to do with how the Supreme Court has interpreted the 4th Amendment? * What is the exclusionary rule? What is its purpose? Why are a growing number of constitutional scholars, lawyers and judges questioning its wisdom?

The fourth amendment was meant to guard abusive searches and seizures * The government placed under the fourth amendment that you can't put surveillance of individual because they need privacy. * The exclusionary rule says that if evidence is found in a unconstitutional search that the evidence will not be admitted in court. A growing number of constitutional scholars, lawyers and judges questioning its wisdom because a criminal can be found guilty when really they're innocent.

What were the goals of the Chicano Movements of the 1960s and how do they relate to the UFW?

The goals of the Chicano movement of the 1960s included the right to organize labor, enfranchisment, and an end to discrimination and racism at the store and federal levels. This relates to the ufw because one of the mayor leaders, Ceaser Chavez, helped create the United farmworks of America.

What are the key differences between a federal system and unitary national government?

The key differences between a federal system and unitary national government has to do with the existence or status of member states. * In a federal government power is shared between central and state government. Also central government does not have unilateral authority to alter the legal power of members of state government. * In a unitary government, there either no separation of members of state or if there is separation central government can be alter the power.

What is the key feature of a confederacy? How does this feature contrast with federalism and unitary national government?

The key feature of a confederacy is that they claim authority over governments and not over individuals. This feature contrast with federalism and unitary national government accountable to the people rather than the government.

The Supreme Court has affirmed that obscenity is not protected by the First Amendment, but it has found it difficult in practice to determine when expression is obscene. What test has the Court established for determining whether expression is obscene?

The miller test was the test the Court establish for determining whether expression is obscene

According to the textbook, what is the most important provision of the U.S. Constitution with respect to civil rights?

The most important provision of the u.s constitution is the equal protection clause of the fourteenth Amendment

What is the name of the clause in the Constitution that grants federal laws superior authority over state laws?

The name of the clause in the Constitution that grants federal laws superior authority over state laws Supremacy Clause.

What was the primary obstacle to amending the Articles of Confederation? And how did the Founders get around this obstacle in order to establish the U.S. Constitution in 1787-88?

The primary obstacle to amending the Articles of Confederation was getting unamious consent of state legislature, they were afraid of the lack of civil liberties. The Founders get around this obstacle in order to establish the U.S. Constitution in 1787-88 by creating the bill of rights to give people constutional protection for individual civil liberities against abuse of federal government.

What act of Congress requires the federal government to pass the Sherbert Test whenever it passes laws or enacts policies that infringe on religious activities?

The religious freedom restoration act of congress requires the federal government to pass the Sherbert Test whenever it passes laws or enacts policies that infringe on religious activities

There are two phases in the Sherbert Test. Which questions are asked are in each phase?

The sherbert test was a test that determined whether a government action interferces with the legal right to the free excerise of reglion. There broken into phase and different questions are asked in each one. - phase one questions * the person has a claim involving a sincere reglious belief. * The government action is an actual burdan the persons ability to act on the belief . - phase two question * The governments interference with reglious practices is the result of pursing a compelling government interest, * A way for the government to pursue the compelling government interest that would have placed less burden on the free exercise of religion.

What is meant by the "state action doctrine"?

The state action doctrine is a principle that the constitution protection for civil rights do not apply to private conduct, but rather only apply to government actions.

What is strict scrutiny? It is applied to "suspect classes." What examples of suspect classes are discussed in the textbook?

The strict scrutiny law is the highest standard review used if the court presumes a law to be unconstitutional unless the government can make a convincing case that the law is narrowly tailored to advance a compelling government interest. It affects groups part of a suspect class such as race and religion.

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

The supreme court declared that the doctrine of "separate but equal" has no place in public education because of the Brown v. the board of education case.

How did the Supreme Court rule on the male-only military draft?

The supreme court ruled the male only military draft that stated that men and women are "Simply not similarly situated for purposes of a draft or registration for a draft" has been left up to the president and congress since, no changes.

What purposes were the system of checks and balances intended to serve?

The system of checks and balances intended to serve it purpose by keeping the branches truly separate from one another by giving them a bit of power over one another.

What is meant by the term "patriarchy"?

The term patriarchy is a social order men are predominant in status, authority, and power.

What were the two most heated points of contentions at the Constitutional Convention that made it difficult to create a constitution acceptable to the people of every state in the union?

The two most heated points of contentions at the Constitutional Convention that made it difficult to create a constitution acceptable to the people of every state in the union was debating over central government being too pwerful and too distant and complex to affectivly contolled by the people.

Article V establishes four pathways for the sovereign people to amend the Constitution. Make sure to know the two ways constitutional amendments can be proposed and the two ways amendments can be ratified.

Two ways constitutional amendments can be proposed: * 2/3 of congress voting to propose an amendment. * 2/3 of state legislatures petitioning congress to call a special convention. Two ways amendments can be ratified: * 3/4 of the state legislatures voting to ratify. * the vote of 3/4 of special popularly-elected ratifying conventions.

These two concepts are closely tied to the Due Process Clause of the 14th Amendment: (1) Incorporation and (2) Unenumerated Constitutional Rights. What's the difference between those two constitutional sources of civil liberties?

Unenumerated constitutional rights is rights that are said to be applied by the U.S constitution but is not actually mention. * The difference between incorportion and unenumerated constitution rights is incorporation is about those rights explictly listed in the text of the constitution, where as unenumerated contitutional rights involves rights that are not explicitly mentioned.

What role did white supremacist terror organizations, such as the Ku Klux Klan, play in perpetuating the Jim Crow system?

White supremacist terror organizations role in the Jim crow system was threatning and intimidating anyone who speaks out against the system.

Which kind of discrimination (public or private) is prohibited by the Constitution? Which kind can only be prohibited by laws passed by legislatures or regulatory agencies?

public discrimation is made illegal by the constitution, whereas private discrimination is only made illegal by legislative statues or regulatory agencies.

What is meant by the terms "public discrimination" and "private discrimination"?

public discrimation is mistreatment by the government while private discrimimation is mistreatment by private non-government individuals.

What did the Supreme Court declare about the right of self-incrimination in Miranda v. Arizona (1966)? Specifically, according to the Court in Miranda, what must police tell criminal suspects before they question them?

the Supreme Court declare about the right of self-incrimination in Miranda v. Arizona (1966) that when a suspect is held in custody if the enviroment psychologically coercive can cause the suspect to provide self-incriminating evidence against their will. Police must tell the suspect " you have the right to remain silent and the right to an attorney."

What does the "right to privacy" have to do with "unenumerated constitutional rights"?

the constitution does not specifically mention any night to privacy, which mention that it is unenumerated under the 14th amendment due process clause.