Midterm Chapter 3,4,5
Which of the following are examples of de jure discrimination?
-A state requires separate public bathrooms for black and white people. -Women are not allowed to vote in federal elections.
Which of the following are reasons why the policy role of the federal government has expanded greatly since the early twentieth century?
-American society is highly interdependent. -Americans expect government help. -The federal government has superior taxing capacity.
Which of the following accurately describes Native Americans today?
-Casino gambling has raised Native Americans' average income level, but it is still far below the national average. -They are less than half as likely as other Americans to have completed college.
How many Asian Americans currently serve in Congress?
12
Which post-Civil War amendment required states to give their residents due process of law?
14th
Despite the Court's ruling in Brown v. Board of Education in 1954, by the 1970s ______ percent of black children were still attending schools that were mostly or entirely black.
95%
What has the Supreme Court ruled concerning police use of modern technology, such as listening or thermal-imaging devices, to investigate a subject?
A search warrant is required, just as it would be for other circumstances.
In which 2014 case did the Supreme Court rule that companies that are "closely held" (only a few owners) are not required to provide their employees with birth control if they object on religious grounds?
Burwell v. Hobby Lobby
Which influential figure began civil rights work by organizing strikes by farmworkers to attain basic labor rights for migrant workers?
Cesar Chavez
States alone are sovereign in a
Confederacy
Based on the exclusionary rule, evidence that is illegally obtained can normally be used in a trial.
False
True or false: According to the Supreme Court, police can search a person's home merely on the basis of a hunch that the owner might be breaking the law.
False
How did Thomas Jefferson define the meaning of "all men are created equal"?
He did not believe there was a precise meaning
In 1968 Congress passed a law, the ______, that granted Native Americans constitutional rights similar to those held by other Americans.
Indian Bill of Rights
What did the Supreme Court rule concerning the interstate commerce clause in the 1930s?
It covers only transportation of goods, not their manufacture
In which of the following cases did the Supreme Court block states from regulating labor practices, concluding that doing so would violate factory owners' property rights?
Lochner v. New York
Which of the following minority groups make up the largest Hispanic population in the United States?
Mexicans
Which landmark Supreme Court case declared affirmative action constitutional but invalidated the use of racial quotas?
Regents of the University of California v. Bakke
Sixth Amendment
Right to a speedy trial
Second Amendment
Right to bear arms
Freedom of __________ is the right of individual Americans to hold and communicate thoughts of their choosing.
Speech
Which of the following has occurred under cooperative federalism?
The federal government has been more heavily involved in policy areas traditionally reserved for the states
How would the framers have reacted to the ways in which federal power has evolved over the decades?
They would be largely unsurprised
What Sioux village has been the site of both a U.S. cavalry massacre of Native Americans and a modern protest?
Wounded Knee
The importance of listing individual rights in the Constitution is that it gives individuals who feel that their rights have been violated
a basis for taking the alleged violation into a court of law for a ruling by a judge
The largest recent Hispanic demonstrations in the U.S. have been in reaction to
a bill passed by the House that would have led to the arrest and deportation of millions of undocumented immigrants
Which of the following best describes the subject under consideration in Roe v. Wade?
abortion
During the 1930s, five new cabinet departments were created to
administer federal programs in policy areas traditionally reserved to the states
Which policy required the federal government to begin implementing measures aimed at reinforcing equal access to employment by mandating recruitment procedures that gave qualified minority workers an equal opportunity to gain government jobs?
affirmative action
The Eighth Amendment protects
against cruel and unusual punishment
In the case of Korematsu v. United States, the courts
allowed government polices during wartime that would not be allowed in times of peace.
In its decision to uphold the National Labor Relations Act, along with a subsequent ruling, the Supreme Court declared that Congress's commerce power is
as broad as the nation needs it to be
In Lawrence v. Texas (2003), the Supreme Court ruled that states cannot lawfully
ban sexual relations between consenting same-sex adults
The landmark case of Lau v. Nichols (1974) resulted in many states offering ______ education in their public schools.
bilingual
Which of the following characterized the era of dual federalism?
business supremacy in commerce policy
Rather than using the Fourteenth Amendment to protect freed slaves, in 1886 the Supreme Court interpreted the amendment to provide protection to
businesses
Among the laws giving women greater equality in the workplace were laws prohibiting
certain employers from paying women less than men for doing the same job
Which term refers to the rights and privileges guaranteed to all citizens under the equal protection and due process clauses of the Fifth and Fourteenth Amendments?
civil rights
According to this test, before speech can be restricted, the government must clearly demonstrate that a citizen's expression presents a very obvious and real danger to the public safety.
clear and present danger
The exclusionary rule restricts the ability of
courts to admit illegally obtained evidence during a trial
The type of discrimination in which traditionally disadvantaged groups have fewer opportunities because of prejudice despite legal protections is
de facto discrimination
Which type of discrimination is based on the law?
de jure discrimination
The process by which the national government returns powers once held by state and local governments to these governments is called
devolution
What is "America's curse," according to the author of An American Dilemma?
discrimination
The 1964 Civil Rights Act banned
discrimination in public accommodations
What took the heaviest toll on the Native American population after white settlers arrived in what is now the U.S.?
disease
In Engle v. Vitale (1962), the Supreme Court ruled against the reciting of prayers in public schools on grounds it violates the
establishment clause
In Rostker v. Goldberg (1980) the Supreme Court upheld the constitutionality of _________ classifications even though such classification need to be scrutinized more closely than classifications by age or income.
gender
Which of the following describes the fact that what happens in a policy area at one level of government affects what happens at all other levels?
interdependency
In general, the Supreme Court has held that gender discrimination in law
is almost always unconstitutional
The Bill of Rights protects some civil liberties, including freedom
of the press of speech of assembly
The Supreme Court has generally held that those convicted in state courts and who appeal on the grounds that their federal constitutional rights were violated are limited to
one appeal
At one time, banks engaged in a practice known as ______, refusing to grant mortgage loans to people who lived in certain neighborhoods, especially those neighborhoods with large black populations.
redlining
According to the establishment clause, the government is required to
remain neutral toward all religions
Which of the following best exemplifies the profound impact of the civil rights movement?
removing discrimination in voting requirements
Establishment Clause
requires government neutrality toward religious institutions
First Amendment
right to speech, press, assembly and religion
The Articles of Confederation created a union of
states
Any law that treats individuals differently based on race is subject to the ______ test
strict-scrutiny
Any law that treats individuals differently based on race is subject to the ______ test.
strict-scrutiny
Since the 1930s,
the federal government has dramatically increased its power
The implied powers of Congress derive from which clause of the Constitution?
the necessary and proper clause
The USA Patriot Act was passed
to combat terrorism
In the years following 1935 during the Great Depression, the Supreme Court loosened restrictions on
-Congress's ability to regulate commerce. -the banking industry. -Congress's taxing and spending power.
According to today's statistics, Asian Americans are underrepresented in which of the following areas?
-holding high-level political office -holding the top position in corporations
Which post-Civil War amendment required the states to provide their citizens equal protection under the laws?
14th
In which year did the Supreme Court rule that forced busing violated student's constitutional right to equal protection under the law?
2007
During the direst part of the Great Depression, approximately ______ percent of the nation's workers was unemployed.
25%
The constitutional right to bear arms is found in which of the following amendments?
2nd
How many distinct eras of federalism have occurred in the U.S.?
3
Which amendment to the United States Constitution protects citizens from unreasonable searches and seizures?
4th
Which amendment to the United States Constitution protects individuals from testifying against themselves in a court of law?
5th
The right to legal counsel is a ______ Amendment protection.
6th
Of the 500 largest U.S. corporations, about ______ percent are headed by women.
7
The Constitution's commerce clause says that ______ shall have the power to "regulate commerce" among the states
Congress
A recent trend in intergovernmental relations to "pass down" policy authority from the national government to state and local governments is known as
Devolution
True or false: Block grants are more restrictive than categorical grants in how they can be used.
False
True or false: The right to appeal after conviction is guaranteed in the Constitution.
False
Which federal agency, created in the 1930s, prevented the total collapse of the American banking industry?
Federal Deposit Insurance Agency (FDIC)
What sociologist authored the book An American Dilemma?
Gunnar Myrdal
In which of the following cases did the Supreme Court argue that the Tenth Amendment gave the states, and not the federal government, the power to regulate factory practices?
Hammer v. Dagenhart
Why is the necessary and proper clause called the elastic clause?
It allows for adjustments to the national government's implied powers
Which of the following conditions or strings is typically attached to a categorical grant?
It can be used only for a specific, designated activity
Since the 1950s, how has the federal government responded to demands for equal rights for African Americans?
It passed a series of laws that secured fundamental rights for African Americans
Who among the following were the authors of The Federalist Papers, which argued for ratifying the Constitution?
James Madison Alexander Hamilton
The Supreme Court upheld the forced relocation of tens of thousands of Japanese Americans during World War II in which of the following cases?
Korematsu v. United States
The Supreme Court determined that privacy rights extend to consensual activity between same-sex partners in
Lawrence v. Texas
Which of the following cases established that law enforcement officers must advise detainees of their rights, including the right to remain silent and the right to an attorney, before beginning questioning in a criminal investigation?
Miranda v. Arizona
In the spirit of devolution, President Ronald Reagan proposed a type of federalism, called "______ federalism" that would give more control to the states and localities.
New
Which of the following Supreme Court cases was also known as the "Pentagon Papers" case?
New York Times Co. v. United States
Eighth Amendment
No cruel and unusual punishment
Which 2015 Supreme Court decision removed the ban on same-sex marriage, citing it violated the Fourteenth Amendment's equal protection and due process clauses?
Obergefell v. Hodges
The Supreme Court had been handing down rulings against New Deal programs by 1937, and President Roosevelt put forth a plan to increase the number of justices in order to give himself a majority. How was this plan resolved?
One justice inexplicably changed sides, giving Roosevelt the majority he wanted
What is at the heart of many civil rights struggles for equality in the United States?
People hold deep-seated prejudices based on such things as race, color, and religion.
The attempt to block the publication of material considered to be harmful is known as ______ restraint.
Prior
Fourth Amendment
Protects against unreasonable search and seizure
What was behind the 1990s-era rollback of federal authority?
Public opinion
In Plessy v. Ferguson, the Supreme Court declared that "____________" but equal facilities do not violate the Fourteenth Amendment's equal protection clause.
Seperate
The reserved powers in the U.S. system of government fall to the
States
Which of the following is an ongoing struggle between state governments and Native American tribal governments?
States want to control casino gambling on Native American reservations
The Supreme Court ruled that the forced busing of children for the purpose of achieving racially integrated schools was constitutional in
Swann v. Charlotte-Mecklenburg County
What was the name of the 1798 law that criminalized any speech or writings critical of the government, Congress, or the president?
The Sedition Act
Where is the Bill of Rights located in the U.S. Constitution?
The first ten amendments to the Constitution make up the Bill of Rights
Great Society Programs
This was Johnson's domestic agenda tried to end poverty and racial injustice.
In 1972, Native Americans organized a caravan titled the ______ that journeyed from California to Washington, D.C., to protest federal policy.
Trail of Broken Treaties
True or false: Following the passage of the Civil Rights Act of 1964, many restaurants, hotels, and other establishments still refused to serve black customers.
True
True or false: Madison and Hamilton thought that the federal structure would encourage the state and national governments to check each other if either became abusive to individual freedom.
True
True or false: Prior to the passage of the United States Constitution, many of the states governed under their own state constitutions that dated back to the colonial era
True
True or false: The principle of federalism has provoked frequent and bitter conflict from the time the Constitution was ratified
True
The law passed by Congress, soon after the 9/11 attacks, that allows the FBI and other intelligence agencies to access personal information and records without consent from targeted individuals is known as the
USA Patriot Act
As part of what movement did advocates for women's suffrage (voting rights) become active on a large scale?
abolitionist movement
The necessary and proper, or elastic, clause of the Constitution
allows Congress to have powers that are not listed in the Constitution but are needed to exercise the listed powers
The doctrine by which state and national authority was separated precisely is known as
dual federalism
What are the powers specifically given to the national government by the Constitution called?
enumerated
Which clause of the U.S. Constitution was at the center of the argument in Brown v. Board of Education of Topeka?
equal-protection clause
Although many Americans believe that the concept of ______ includes such things as access to jobs and health care, others argue that it means only that people are all treated the same under the law
equality
In order to ensure equal employment opportunity for all, the federal government in the 1960s began to require agencies and businesses to
establish policies aimed at giving minority-group members equal opportunities to obtain jobs
The Constitution enumerates powers for which level of government?
federal
Which of the following is likely to convince a judge that police should be issued a search warrant?
establishing probable cause for believing a crime has been committed
A(n) ________________ system of government is one in which the power to govern is shared between a national government and smaller
federal
The use of the commerce clause during the 1930s gave the ______ government(s) increased power
federal
New Deal Programs
federal relief programs during the Great Depression
When white settlers first arrived in what is now the U.S., there were approximately 5 to 10 million Native American inhabitants. By 1900, there were
fewer than 1 million
The First Amendment protection that makes it illegal for the government to enact laws that restrict the free practice of religion by any individual is known as the
free-exercise clause
In Rostker v. Goldberg (1980) the Supreme Court upheld the constitutionality of __________ classifications even though such classification need to be scrutinized more closely than classifications by age or income.
gender
The barrier to restrict speech established in Brandenburg v. Ohio is best described as
imposing
The Supreme Court has ruled that prisoners should generally appeal their cases first
in state courts
Hispanics in the U.S. are generally concentrated
in their states of entry
Compared to categorical grants, the use of block grants
is less narrowly defined, which means the recipients enjoy greater discretion
As a result of changes in sentencing policies, the U.S. prison population, per capita,
is the largest in the world
Government-funded programs like Medicaid are administered
jointly by national and state governments
Which of these groups is typically more protective of individual rights?
judges
The justices of the post-Civil War Supreme Court mostly favored
laissez-faire capitalism
Welfare Reform Act
law that established TANF and tightened Medicaid eligibility requirements
The supremacy clause of the U.S. Constitution
makes national laws the supreme law of the land
In a 1930s Supreme Court case that challenged the application of the separate-but-equal doctrine, the Court ruled that blacks ______ be allowed to use public facilities reserved for whites in those cases where they didn't have separate facilities.
must
Which of the following terms best describes the power relationship between the various layers of government during the era of cooperative federalism?
overlapping
An 1886 Supreme Court ruling determined that corporations were
persons
The right of an individual to be left alone without any interference from others is known as the right to
privacy
Fifth Amendment
protection against self-incrimination and double jeopardy
The Fifth and Fourteenth Amendments
provide that no person can be deprived of life, liberty, or property without due process of law
Law enforcement officials sometimes controversially rely on the practice of_______________ ,_______________ the assumption that certain groups of people are more likely to commit particular crimes.
racial profiling
Which legal test gives government considerable leeway in treating people differently, such as imposing a higher tax rate on upper-income Americans?
reasonable-basis test
In the case of Plessy v. Ferguson, the Supreme Court established the ______ doctrine arguing that it did not violate the Fourteenth Amendment's equal protection clause.
separate-but-equal
In a 2010 CNN survey, 2 in 5 Americans stated that individuals arrested by police on suspicion of terrorism
should not be read their Miranda rights
According to the Supreme Court, laws that discriminate between people based on their race or ethnicity are laws that make use of
suspect classifications
The Supreme Court has ruled that the right of free assembly
takes precedence over the possibility that the exercise of the right might have undesirable consequences.
In Hamdan v. Rumsfeld (2006), the Supreme Court ruled that enemy combatant detainees were protected by which of the following?
the Geneva Convention the U.S. Uniform Code of Military Justice
Which of the following acts of legislation gave government increased authority to examine medical, financial, and student records and increased surveillance of communications without a warrant or court order?
the USA Patriot Act
In Brandenburg v. Ohio the Supreme Court developed which of the following tests that expanded protections for Americans to voice political opinions?
the imminent lawless action test
The 1977 Supreme Court case that provided guidance on the allowable restrictions on freedom of speech and freedom of assembly upheld which of the following?
the right of an American Nazi Party group to hold a parade in Skokie, a city with a large Jewish population that included Holocaust survivors
The Second Amendment of the U.S. Constitution protects
the right of the people to keep and bear arms
Griswold v. Connecticut is the landmark case that established the right to privacy. The case involved the question of whether a state can prohibit
the use of contraceptives by a married couple
The federal government has been more heavily involved in policy areas traditionally reserved for the states.
threatening to pack the Court with his own justices
What was the intention of the Plessy v. Ferguson ruling?
to maintain segregation while claiming equality
In Hamden v. Rumsfeld, the Supreme Court ruled that the use of secret military tribunals to try detainees accused of terrorism was ______, as detainees were entitled to a trial affording all the guarantees contained in the Constitution.
unconstitutional
The Supreme Court consistently ruled that the George W. Bush administration's practice of denying constitutional and legal protections to enemy combatants was
under the jurisdiction of the United States courts
In Planned Parenthood v. Casey, the Supreme Court ruled that restrictions on abortion were legal so long as they didn't place an ______ ____ on a woman's right to obtain an abortion.
undue burden
The Supreme Court decision in Grutter v. Bollinger (2003) ______ affirmative action.
upheld
What demographic group is most likely to support same-sex marriage?
younger adults
In 1892, Congress suspended Asian immigration to the United States on the grounds that Asians
were an inferior people
Despite the persisting issues of institutional racism, one area in which African Americans have made significant gains is in
winning elective office
Which of the following are among redlining's legacies?
-Hispanics and African Americans still have difficulty obtaining mortgages (compared to whites). -Segregated neighborhoods still exist.
Which of the following statements about the Americans with Disabilities Act are true?
-It requires government agencies to take steps to make their buildings accessible to persons with disabilities. -It grants certain employment protections to persons with disabilities.
Which of the following are true statements about the federal structure of the United States?
-Madison and Hamilton argued that the states and national government would serve to check each other and thus protect peoples' rights. -Hamilton felt people would shift their trust between the national and state governments, depending on their needs and interests at the time.
Which of the following accurately describes women and poverty?
-Many poor working women find that their wages cannot cover child-care expenses. -Single-parent women who work in nonprofessional fields are particularly vulnerable to poverty. -Most single-parent families are headed by women and one-third of those live below the poverty line.
Free speech is usually protected in the United States unless it
-Presents a clear and present danger to others -leads to imminent and lawless action -involves false commercial advertising claims
Which of the following statements are true concerning the right of assembly?
-Public officials can regulate the time and place of assemblies. -Regulations of public assemblies must be applied fairly to all groups. -Individuals cannot hold an assembly at a busy intersection during rush hour.
Which of the following entities are in a competitive situation regarding taxation? (Select all that apply.)
-States -Localities
Which of the following happened during the New Deal period?
-The New Deal programs thrust federal power into policy areas previously reserved for the states. -The Supreme Court struck down key pieces of the New Deal programs.
Which of the following happened during the New Deal period?
-The Supreme Court struck down key pieces of the New Deal programs. -The New Deal programs thrust federal power into policy areas previously reserved for the states.
Which of the following are true about women's equality in the workplace?
-The average pay for women workers is only 80 percent of the amount earned by male workers. -Jobs traditionally held by women pay less than many of the jobs traditionally held by men.
Which of the following were the major weaknesses of the Articles of Confederation?
-The national government had no power to regulate interstate commerce. -The national government had no power to tax.
Which is an accurate representation of the Hispanic population in the United States?
-Their numbers have more than doubled in the past twenty years. -The majority are immigrants from Mexico and the Caribbean islands.
he Civil Rights Act of 1964 classified which of the following as legally protected groups?
-Women -Minoreties
In following the Eighth Amendment, the Supreme Court has used which of the following tests to determine if an action constitutes cruel and unusual punishment?
-determining if a punishment violates "fundamental standards of good conscience and fairness" -determining if a punishment is "unnecessarily cruel" -determining whether a punishment is "disproportionate to the offence"
Freedom of expression
-does not cover obscene forms of sexual expression. -does not cover some forms of commercial speech, such as advertising. -allows individual Americans to communicate thoughts of their choosing.
Affirmative action policies have been used by ______ to expand opportunities for women and minority group members.
-educational institutions -employers
The establishment clause of the Constitution restricts which of the following?
-government from favoring one religion over another -government from supporting religion over no religion
The free-exercise clause
-has been interpreted to mean that Americans can not always act on their religious beliefs if they conflict with other laws. -is part of the First Amendment. -has been interpreted to mean Americans can hold any religious belief of their choosing.
After the Plessy decision, black Americans in the South were forced to endure legal segregation, which included
-inferior public schools. -hospitals with few doctors and fewer supplies. -separate public conveyances.
imminent lawless action test
-says that for speech to be restricted, it must be directed at inciting or producing imminent lawless action. -has two criteria for speech advocating the unlawful use of force. -says that speech must be likely to produce lawless action.
The imminent lawless action test
-says that speech must be likely to produce lawless action. -has two criteria for speech advocating the unlawful use of force. -says that for speech to be restricted, it must be directed at inciting or producing imminent lawless action.
The Supreme Court has recently employed the Eighth Amendment to ban which of the following?
-the death penalty for the mentally ill -life sentences without parole for juveniles -the death penalty for juveniles
What are the religious clauses in the First Amendment?
-the free-exercise clause -the establishment clause
Concerning age discrimination in employment, the courts have given employers the right to force individuals to retire based on
-the performance of a particular employee. -the nature of the job.
Which of the following are rights gays and lesbians had to fight for in the U.S.?
-the right to have the same benefits as traditional couples -the right to openly enlist in the military
Which of the following are the two most important forces in the evolution of the American federal structure?
-the strength of partisan interests that sought to change the balance of power between the nations and the states -the country's changing needs
Southern states used a number of devices to prevent African Americans from voting, including which of the following?
-whites-only primaries -literacy tests -poll taxes
The Civil Rights Act of 1964 classified which of the following as legally protected groups?
-women -minoreties
The First National Bank of the United States was established in what year?
1791
England's ______ gave members of Protestant sects the right to worship freely and publicly. The first Amendment reflects this tradition.
Act of Toleration
The Republican-controlled Congress removed what provision of the Affordable Care Act in 2017?
Individuals were required to pay a penalty if they did not have insurance.
As a result of the Supreme Court's ruling in Dred Scott v. Sandford, the Supreme Court invalidated which of the following?
Missouri Compromise
Which of the following statements about African American children in the United States is true?
More than half grow up in a single-parent family
The president who began to move power, funds, and responsibility back to the states in what was called new federalism was
Ronald Regan
What was the legal argument in McCulloch v. Maryland against the federal government establishing a national bank?
The Constitution did not expressly authorize the establishment of a national bank
Which of the following best describes the doctrine of dual federalism?
The Supreme Court maintained a precise separation of state power and national power
What is the connection between the Lochner decision and the Hammer decision?
The earlier Lochner decision actually made the later Hammer decision unenforceable.
Under the Articles of Confederation, what problem arose because the national government had no power to levy taxes on its citizens?
The nation could not maintain an army or navy
What unique circumstance existed at the time of the Korematsu v. United States decision?
The nation was at war
In what area of civil rights were Asian Americans particularly active in the 1960s?
voting rights
The First Amendment clause barring the government from passing any laws that prohibit an individual's practice of his or her religion is known as the ______ clause.
free-exercise
Which term describes the set of procedures authorities must follow before a person can be lawfully punished for an offense?
procedural due process
Free-exercise clause
prohibits the government from interfering with individuals' practice of their religion
As part of its ruling in Dred Scott v. Sandford, the Supreme Court ruled that Congress lacked the power to outlaw ______ in the states.
slavery
Which groups have historically lacked equality in the United States?
women Catholics Asian Americans