POLY SCI CHAPTER 3 - 5
The inevitable discovery exception
(1984) was developed in the case of Nix v Williams Allows admission of tainted evidence in certain cases States that exclusion of physical evidence that would have been found anyway has no effect on fairness of a trial
In what year, in the case of District of Columbia v. Heller, did the Supreme Court finally address the issue of how the Second Amendment should be interpreted?
2008
According to the US gov't stats, roughly _ %of black children live in poverty, compared to _ % of white children
40, 10
Libel
A false written statement about other people that harms their reputation
Which groups have historically lacked equality?
African Americans, women, Native Americans, Hispanic Americans, Asian Americans, Catholics
Who of the following were the authors of the Federalist Papers, which argued for ratifying the Constitution?
Alexander Hamilton James Madison
Welfare Reform Act
Americans believed that too many people were getting undeserved benefits and federal programs had become too expensive
Which of the following are reasons why the policy role of the federal gov't has expanded greatly since the earlier 20th century?
Americans expect gov't help The interdependency of the American society The superior taxing ability of the federal gov't
Great Society Programs
Americans supported government provided health care for the elderly and poor
Schuette v. Coalition to Defend Affirmative Action
An amendment to Michigan's constitution that prohibits state universities from considering race as part of its admissions process does not violate the Constitution's Equal Protection Clause.
In which 2014 case did Supreme Court rule that companies that are "closely held" are not required to provide their employees with birth control if they object on religious grounds?
Burwell v. Hobby Lobby
New York Times Co. v. Sullivan
Case in which the Supreme Court concluded that "actual malice" must be proven to support a finding of libel against a public figure
Grants-in-aid refer to
Cash transfers from the federal government to state and localities to administer programs.
States alone are sovereign in a
Confederacy
The Constitution's commerce clause says that _ shall have the power to "regulate commerce" among the states.
Congress
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 is unnecessarily cruel Determining whether a punishment is disproportionate to the offence Determining if a punishment violates fundamental standards of good conscience and fairness
Block grants are more restrictive than categorical grants in how they can be used.
False
Tor F: According to the Supreme Court, a statement that someone makes that ruins a public official's career may be considered libel or slander even if the statement is factually accurate.
False
The Constitution enumerates powers for which level of gov't?
Federal
Which federal agency, crated in the 1930s, prevented the total collapse of the American banking industry?
Federal Deposit Insurance Agency (FDIC)
Which post-Civil War amendment required states to give their residents due process of law?
Fourteenth Amendment
Which of the following statements is true regarding freedom of the press?
Freedom of the press receives strong judicial protection
Which of the following are true statements about the federal structure of the US?
Hamilton felt people would shift their trust between the national and state governments depending on their needs and interests at the time. Madison and Hamilton argued that the states and national government would serve to check each other and thus protect peoples' rights
Which 2003 Supreme Court decision overturned an earlier case in which it had upheld Georgia's antisodomy law?
Lawrence v. Texas
What is true about libel and slander?
Laws on libel and slander are based on the assumption that society has an interest in encouraging media and citizens to express themselves freely, Public officials can usually be criticized freely without fear the writer or speaker will have to pay for damages due to libel or slander
Which of the following cases involved attempts by the national gov't to curb business practices as part of their authority to regulate commerce?
Lochner v. New York Hammer v. Dagenhart
Engle v. Vitale (1962)
Mandatory prayer in schools is a violation of the establishment clause
What did the Supreme Court decide in McCulloch v. Maryland?
National law overrides state law. The necessary and proper clause implies the power to establish a national bank.
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 ____ act
Patriot
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
The fourth amendment
Protects against unreasonable search and seizure
Which of the following statements are true concerning the right of assembly?
Public officials can regulate the time and place of assemblies Individuals cannot hold an assembly at a busy intersection during rush hour Regulations of public assemblies must be applied fairly to all groups.
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 landmark Supreme Court case declared affirmative action constitutional but invalidated the use of racial quotas?
Regents of the University of California v. Bakke
The imminent lawless action
Says that speech must be likely to produce lawless action, Two criteria for speech advocating the unlawful use of force to be prohibited Says that for speech to be restricted, it must be directed at inciting or producing imminent lawless action
President Lyndon Johnson promoted federal initiatives to help the poor as part of his Great _ program
Society
McDonald v. Chicago
Supreme Court decided that 2nd amendment, with some restrictions, prohibited state and local gov't from effectively banning gun ownership
Miranda v. Arizona
Supreme Court decision that you have the right to remain silent and the right to an attorney
Hamden vs Rumsfeld
Supreme Court ruled that the use of secret military tribunals to try detainees accused of terrorism were UNCONSTITUTIONAL as detainees were entitled were entitled to a trial affording all the guarantees contained in the Constitution
In which case did the Supreme Court rule that the forced busing of children for the purpose of achieving segregated was constitutional?
Swann v. Charlotte Mecklenburg County
Which of the following statements best represents the American constitutional model of Federalism?
The Constitution grants sovereignty to both the national and state governments.
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 actions gave the national gov't more power than the states during George W. Bush's presidency?
The No Child Left Behind Act Creating the Department of Homeland Security
Which of the following best describes the doctrine of Dual Federalism?
The Supreme court maintained a precise separation of state power and national power
Which of the following is true about women's equality in the workplace?
The average pay for women workers is only 80% of the amount earned by male workers Women tend to earn less because they are more likely to leave work to start a family
Dred Scott v. Sanford
The case that ruled that slaves were property
Today, most of the guarantees in the bill of rights are protected from action by which of the following?
The federal and state gov'ts
Which of the following has occurred under cooperative federalism?
The federal gov't has been more heavily involved in policy areas traditionally reserved for the states
Since the 1930s
The federal government had dramatically increased its power.
New Deal Programs
The government responded to massive unemployment during the Great Depression
Which of the primary challenge made by states as to the constitutionality of federal grant programs?
The grants programs intrude too heavily on the reserved powers of the states.
Under the Articles of Confederation, what problem arose because the national gov't had no power to levy taxes on its citizens?
The nation could not maintain an army or navy.
Why is the "necessary and proper clause" also referred to as the elastic clause?
The national gov't can use the clause to stretch the enumerated authority
Which of the following were the major weaknesses of the Articles of Confederation?
The national gov't had no power to tax. The national gov't had no power to regulate interstate commerce.
Which of the following statements are true of the U.S federal system?
The national gov't now operates in many policy areas traditionally reserved to the state states The authority of the national gov't has expanded greatly since the 1930s.
The Second Amendment protects and supports which of the following?
The right to keep and bear arms A well-regulated militia
Which of the following conditions or strings is typically attached to a categorical formula grant?
The state or local government must provide some of the funding
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 county's changing needs
In the U.S System, which phrase best describes the relationship between the state governments and the local governments within the state?
The system is unitary because the states create counties and cities and grant them all their powers
Why was the national security agency's wiretapping of phone calls and e-mail messages originating in the united states, first revealed by the new york times in 2005, controversial?
The wiretapping had been authorized by President George W. Bush without approval from the courts, The wiretapping was specifically prohibited by the Foreign Intelligence Surveillance Act of 1978
block grants
They provide the greatest discretion for allocating funds.
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
District of Columbia v. Heller
U.S. Supreme Court case that upheld that the Second Amendment protects an individual's right to possess a firearm unconnected to service in a militia
In which 2002 case did the Supreme Court rule that tax-supported school vouchers used to send children to private and religious schools were not a violation of the Establishment Clause?
Zelaman v. Simmons-Harris
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 ruling by a judge
John C. Calhoun argued that the US was founded upon
a compact between the states
According to the _ doctrine, gov't can aid a religious organization so long as the aid is non-religious in nature and the gov't doesn't favor one religion over another
accomodationist
Which policy required the federal gov't 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 gov't jobs?
affirmative action
Korematsu v. United States
allowed gov't polices during wartime that would not be allowed in times of peace
The necessary and proper, or elastic, clause of the Constitution
allows Congress to have powers that are not listed in the Constitution but needed to exercise listed powers
In the case of Shelby v. Holder, the majority held that formula for identity states and counties subject to federal oversight was
based on obsolete stats
clear and present danger 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
Lau v. Nichols (1974)
bilingual education
Which of the following characterized the era of dual federalism?
business supremacy in commerce policy
Under the Fifth Amendment, suspects
charged with a federal crime cannot be tried unless indicted by a grand jury
Native Americans were not considered to be _ until 1924
citizens
Constitutional guarantees that protect citizens from arbitrary gov't action known as
civil liberties
In 2016, the Supreme Court ruled that police _ use an outstanding warrant for another offense as an excuse to apprehend a suspect for another unrelated offense
could
The exclusionary rule restricts the ability of
courts to admit illegally obtained evidence during a trial
Which type of discrimination is based on the law?
de jure discrimination
Which of the following factors contributed to the economic decline of the states and the need for a wholesale federal assistance program, such as the New Deal
declining tax revenues due to increased unemployment increased demand of welfare assistance
A recent trend has intergovernmental relations has been to "pass down" policy authority from the national gov't to state and local gov't, known as
devolution
The process by which the national gov't returns powers once held by state and local gov't to these governments is called
devolution
The 1964 Civil Rights Act banned
discrimination in public accommodations
the legal safeguards that prevent the government from depriving citizens of life, liberty, or property without adhering to strict legal procedures are known as ____ process protections
due
National set of powers
enumerated implied
Equal rights and civil rights include
equal access to the opportunities society provides the right of every person to equal protection under the law equal access to public facilities
United States v. Leon
evidence discovered under a faulty warrant was admissible because police had acted in good faith
true or false: in a 1992 cases involving at st. paul MN city ordinance, the supreme court ruled that the govt can restrict hate speech as it causes " anger or alarm
false
Slander
false verbal statements about other people
A _ system of government is one in which the power to govern is shared between a national gov't and smaller gov'ts, with retaining some exclusive power
federal
which amendments contribute to ensuring criminal due process
fourth, fifth, sixth, eighth
DeJonge v. Oregon
freedom of assembly
Hamilton v Regents of UC
freedom of religion
Near v. Minnesota
freedom of the press
The establishment clause of the Constitution restricts which of the following?
gov't from favoring one religion over another gov't from supporting religion over no religion
The complex demands of contemporary society
have shifted power to the national gov't
Griswold v. Connecticut
implied right to privacy
Free Exercise Clause
is part of the first amendment Has been interpreted to mean that Americans can not always act on religious beliefs if they conflict with other laws Has been interpreted to mean Americans can hold any religious belief of their choosing
Which of these groups is typically more protective of individual rights?
judges
New York Times Co v. United States
known as the "Pentagon Papers" case
The Anti-Federalists believed that state-centered helped to serve the people's interests by promoting which two core democratic values:
liberty self-gov't
The Sedition Act of 1798
made it a crime to publish stories that were harshly critical of the president
The supremacy clause of the U.S. Constitution
makes national laws the supreme law of the land
One drawback to federalism today is that
many people feel that the federal government has expanded too far into areas that should be controlled at a state or local level.
The Supreme Court has stated that in order for an affirmative action program to be upheld as constitution, the program must be
narrowly tailored
The Bill of Rights protects some civil liberties, including freedom
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
The attempt to block the publication of material considered to be harmful is known as _ restraint
prior
The right of an individual to be left alone without any interference from others is known as the right to
privacy
In Lawrence v. Texas, the Supreme Court ruled that
privacy rights extend to consensual activity between same sex partners
categorical grants
recipients must spend the funds for a designated purpose
Civil Rights
refer to rights and privileges granted to citizens by gov't such as equality under the law
Civil Liberties
refers to individual rights, such as the freedom of speech and religion
Alexander Hamilton claimed that the federal gov't had implied power to create a national bank through its power to:
regulate commerce
The Supreme Court in Gibbons v. Ogden interpreted the meaning of which constitutional power of Congress?
regulating commerce between the states
Which of the following best exemplifies the profound impact of the civil rights movement?
removing discrimination in voting requirements
State set of powers
reserved
The powers granted to the states in the Constitution are called _____ powers.
reserved
The process by which the Supreme Court makes certain parts of the Bill of Rights applicable through the Fourteenth Amendment to actions by state gov'ts is known as _ incorporation
selective
Plessy v. Ferguson
separate but equal facilities do not violate the 14th amendment
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
right to legal counsel is a _ Amendment protection
sixth
Any law that treats individuals differently based on race is subject to the
strict-scrutiny
in a case involving protester Gregory Johnson, the supreme court ruled that burning the american flag was protected specifically as _ speech
symbolic speech
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
What 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
Lemon test
the current standard used to determine whether the establishment clause has been violated is known as the _ test
The second amendment of the U.S. Constitution protects
the right of people to bear arms
Mapp v. Ohio
the supreme court extended the constitutional protection against unreasonable search and seizure to action by STATE governments
Since the 1950s, what has been the governments approach to free speech
the supreme court has ruled that spoken words do not pose a true threat to national security so Americans can speak their minds politically, Not a single individual has been convicted solely for criticizing the government's war policies, The supreme court has ruled that national security must truly be at risk before the government can limit speech
Rostker v. Goldberg
the supreme court upheld the constitutionality of GENDER classifications even though such classification
which of the following statements are true regarding incarceration rates in the u.s.
the u.s. has the largest prison in the world on a per-capita basis, the number of federal and state prisoners has more than doubled since 1990, and the most state legislatures have enacted stiffer criminal penalties in the past two decades
Which of the following were primary goals of the welfare reform bill, the Personal Responsibility and Work Opportunity Act, passed by Congress in 1996?
to reduce federal spending on welfare reduce the number of welfare recipients increase the states discretion in administering welfare programs increase assistance for the children of welfare recipients
The Supreme Court consistently ruled that George W. Bush administration's practice of denying constitutional and legal protections to enemy combatants was
under the jurisdiction of the United States courts
Gitlow v. New York
under which of the following supreme court cases did part of the bill of rights first become incorporated to apply to actions by the states
Federal laws that set up requirements for states w/o providing the money to pay for them are called _ mandates
unfunded
Freedom of expression
what is the right of individual Americans to hold and communicate thoughts of their choosing.
Plain View Exception
which amendments contribute to ensuring criminal due process
In a unitary system, all sovereignty rests
with the national government