U.S. GoPo Chapter 4-5 FRQ's

Describe 2 ways in which other political institutions might limit the impact of SCOTUS's decisions.

-Executive branch's refusal to enforce a Supreme Court decisions - Constitutional Amendments can be passed to overturn Supreme Court decisions

Explain two ways the United States Constitution limited majority rule.

-Indirect selection of the president through the electoral college. - House of representatives gives the states equal representation regardless of size

Explain how the following has been incorporated, include a specific case and relevant SCOTUS decision: 1) Privacy Rights

1) Roe v. Wade: SCOTUS divided a pregnancy into 3 trimesters, based upon the viability of the embryo/ fetus at each level.

Explain how the following has been incorporated, include a specific case and relevant SCOTUS decision: 1) First Amendment: (There are more than one)

1) Tinker v. Des Moines: SCOTUS ruled that the first amendment protects the right to wear black armbands in high schools to protest against the Vietnam War.

Explain how the following limits the powers of the national executive. 1) Federalism

10th amendment states that the powers not delegated to the government by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Describe a specific legislative action that extended civil rights for the following. 1) Women

19th Amendment gave women the right to vote

Identify one feature of the following and explain how that feature has presented OBSTACLES to racial minority groups in their efforts to achieve political goals. 1) The US political party system

2 party system - neither party helped/ fought for the rights of black people

Identify one feature of the following and explain how that feature has presents OPPORTUNITES to racial minority groups in their efforts to achieve political goals. 1) The US political party system

2 party system - Democrats now consider African American as their core constituencies.

Describe a constitutional amendment that increased suffrage.

24th amendment- Outlawed poll taxes ( gave low income families the chance to vote)

Describe a specific legislative action that extended civil rights for the following. 1) persons with disabilities

Americans with Disability Act- state mandated public accommodations for the disabled

Explains how the following limits the powers of state government: 1) Selective Incorporation

Applies most of the civil liberties in the Bill of Rights against the states

Explain how the following moved the United States from a less democratic system to a more democratic system. 1) The 17th Amendment

Before State legislative picks senators now all voters of state are allowed to have input of which senator to elect

Describe the difference between civil rights and civil liberties.

Civil rights- government must give you(equal protection) Civil liberties- government can't take away from you (due process)

Describe two features of the original Constitution that have led to a growth in the power of the national government.

Commerce clause- If the trade became interstate, then the government could regulate it and make laws against the states Supremacy clause- Established that Federal laws always take precedence over the state laws

Explains how the following limits the powers of state government: 1) Citizenship clause of the 14th Amendment

Creates a national definition that the states can not deny to any person.

Identify one feature of the following and explain how that feature has presented OBSTACLES to racial minority groups in their efforts to achieve political goals. 1) Federalism

Divides power between national government and the state governments - States had the right to register poll taxes and literacy tests

Identify one feature of the following and explain how that feature has presents OPPORTUNITES to racial minority groups in their efforts to achieve political goals. 1) federalism

Divides power between national government and the state governments - some states had good morals and they upheld civil rights before the acts or cases rose.

Identify the primary clause of the 14th amendment that is used to extend civil liberties.

Due Process Clause

Identify which provision of the 14th Amendment was applied in the following Supreme Court cases. Explain the significance of the decision in United States politics. 1) Mapp v Ohio

Due Process Clause: Incorporated the exclusionary rule against the states, which explained that the use of illegally obtained evidence in a criminal trial is prohibited.

Identify which provision of the 14th Amendment was applied in the following Supreme Court cases. Explain the significance of the decision in United States politics. 1) Miranda v Arizona

Due Process Clause: SCOTUS ruled that criminal suspects must be informed of their constitutional right to an attorney and against self-incrimination.

Identify which provision of the 14th Amendment was applied in the following Supreme Court cases. Explain the significance of the decision in United States politics. 1) Gideon v Wainwright

Due Process Clause: SCOTUS ruled that the Constitution requires the states to provide a counsel to criminals in all state felonies.

Explain how the following features of the Constitution limited people's ability to influence the national government 1) Electoral college

Electoral college allows a small group of people to select presidents for us. Reduces the influence of direct popular vote.

Identify the primary clause of the Fourteenth Amendment that is used to extend civil rights.

Equal Protection Clause

Identify which provision of the 14th Amendment was applied in the following Supreme Court cases. Explain the significance of the decision in United States politics. 1) Regents of the University of California v Bakke

Equal Protection Clause: Outlawed quotas in Affirmative Action and that lead to challenging other Affirmative Action policies.

Identify which provision of the 14th Amendment was applied in the following Supreme Court cases. Explain the significance of the decision in United States politics. 1) Brown v Board of Edu. of Topeka, Kansas

Equal Protection Clause: Public schools being desegregated with deliberate speed raised hope for other acts or cases in the civil rights movement.

Identify which provision of the 14th Amendment was applied in the following Supreme Court cases. Explain the significance of the decision in United States politics. 1) Baker v Carr

Equal Protection Clause: Redistricting issues present justiciable questions, and thus lead to other redistricting cases questionable.

Identify the 1st Amendment clause upon which the SCOTUS based its decision and explain the ruling of that case: 1) Lemon v Kurtzman ( state funding for private religious schools)

Establishment Clause: SCOTUS established a 3 part test to determine whether state aid to parochial school violates the Establishment Clause - Secular purpose - Hinder or advance religion - Avoid excess entanglement between state and church.

Identify the 1st Amendment clause upon which the SCOTUS based its decision and explain the ruling of that case: 1) Engel v. Vitale (school prayer)

Establishment Clause: SCOTUS ruled that state sponsored prayer is unconstitutional in public schools.

Identify the 1st Amendment clause upon which the SCOTUS based its decision and explain the ruling of that case: 1) Oregon v Smith (drug use in religious ceremonies)

Free Exercise Clause: SCOTUS ruled that it is okay for states to punish drug use even if it was for religious purposes.

Identify the 1st Amendment clause upon which the SCOTUS based its decision and explain the ruling of that case: 1) Reynolds v United States (polygamy)

Free Exercise Clause: SCOTUS ruled that outlawing polygamy doesn't violate one's free exercise of religion.

Explain how civil liberties were incorporated by SCOTUS in the following case. 1) Gideon v Wainwright

Gave the right to an attorney- stems from the 6th amendment

Explain the following provision in the Bill of Rights limits the powers of the national government. 1) Guarantee of a public trial

Gives the people a chance to see if the court proceedings are fair or not. Aka denying the defense the right to due process.

Identify the part of the national government that was originally most closely tied to citizens and explain how it was tied to citizens.

House of Representatives: they are directly elected by popular vote.

Explain how the following limits the powers of the national executive. 1) Checks and Balances

If courts declare it unconstitutional through judicial review, then the executive branch has to abide by the ruling.

Explain the following clause of the 14th Amendment has altered the balance of power between state and national governments. 1) Due Process Clause

Incorporated Bill of Rights against the state governments

Identify one barrier that currently impedes minority representation in Congress. Explain why the barrier you identified inhibits minority representation in Congress.

Incumbency advantage- Most people that were reelected for that position in Congress were whites. Domino effect kept going and throughout time more and more whites were reelected for Congress.

Explain how two measures taken by some states prior to the 1960s affected voter turnout among African American citizens.

Literacy Tests- African Americans were usually illiterate thus lowered voter turnout for them. Poll Taxes- African Americans were usually not wealthy thus making it hard for them to vote.

Describe two alternative forms of participation that helped bring about changes in civil rights policies and explain why it was effective in changing civil rights policies.

Litigation- Taking matters to court speed up the civil rights process and it helped them gain suffrage and desegregation at the end. Protests- Sit ins helped those stand up for what they believe in and large groups protesting brings attention to the government. (know the process of how it brings attention) - Beaten up and arrested, people see on t.v, take action, members of congress vote for civil rights acts.

Explain how the following has been incorporated, include a specific case and relevant SCOTUS decision: 1) Rights of Criminal Defendants

Miranda v Arizona: the Supreme Court ruled that detained criminal suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against self-incrimination

Explain how the following constitutional features protects against the concentration of power in the national government. 1) Checks and Balances

No branch can have exceeding powers therefore making the executive, judicial, and legislative branch have equal power

Describe the effect of the following laws on citizen participation in elections 1) Voting Rights Act of 1965

Outlawed literacy tests- Gave illiterate people the chance to vote

Explain how the following assisted in the removal of barriers to minority voting. 1) 24th Amendment

Outlawed poll taxes, made it easier to vote for low- income families.

Identify one feature of the following and explain how that feature has presents OPPORTUNITES to racial minority groups in their efforts to achieve political goals. 1) The US electoral system

Plurality/ Winner take all system - Some parts of the country had African American as their majority which made it easier to elect that candidate in that state.

Identify one feature of the following and explain how that feature has presented OBSTACLES to racial minority groups in their efforts to achieve political goals. 1) The US electoral system

Plurality/ winner take all system - Black minority made it hard to elect candidates that supported them because they would never come in first

Explain how the following moved the United States from a less democratic system to a more democratic system. 1) Primary Elections

Political machines would pick but now political parties nominate candidates ( it is open to voters of the state)

Explain how the following constitutional features protects against the concentration of power in the national government. 1) Federalism

Power is divided amongst national and state governments. National government has to share power.

Explain how the following addition to the Constitution addressed Anti- Federalist concerns 1) 10th Amendment

Powers that are not mentioned in the Constitution are reserved to the states and people.

Define Selective Incorporation:

Refers to the process by which SCOTUS has gradually applied the freedoms protected by the Bill of Rights against the state governments by the way of the 14th Amendment's due process clause.

Describe the effect of the following laws on citizen participation in elections 1) Motor Voter Act

Registering to vote was made easier by adding the connivence of registering at the DMV.

Explain how civil liberties were incorporated by SCOTUS in the following case. 1) Miranda v Arizona

Right to remain silent/ self- incrimination- stems from the 5th amendment.

Explain how the following features of the Constitution limited people's ability to influence the national government 1) Selection of senators before the 17th Amendment

State legislation picks the senators instead of direct popular vote.

Explain the following provision in the Bill of Rights limits the powers of the national government. 1) Establishment Clause

State sponsored churches are unconstitutional therefore the government can't push a religion on any person.

Explain how the following addition to the Constitution addressed Anti- Federalist concerns 1) 1st Amendment

The 1st amendment places limits on the government, freedom of speech is protected.

Explain the following clause of the 14th Amendment has altered the balance of power between state and national governments. 1) Equal Protection Clause

The clause protects members of groups from discrimination by states. The states are compelled to follow national requirements.

Compare the positions of Federalists and Anti-Federalists regarding the power of the national government.

The federalists believed that the power would be shared between national and state governments, whereas the anti-federalists believed that ultimate sovereignty would reside with the states.

Explain how the following assisted in the removal of barriers to minority voting. 1) Voting Rights Act of 1965

The voting rights act of 1965 removed one major barrier ( Literacy Tests) which made it easier to register and vote

Explain how the following moved the United States from a less democratic system to a more democratic system. 1) Expansion of Suffrage

There were a lot of limits to who could vote now it opened to a new group of people such as colored people, women and people of the age 18.

Explain how civil liberties were incorporated by SCOTUS in the following case. 1) Mapp v Ohio

incorporated the exclusionary rule, which explained that the use of illegally obtained evidence in a criminal trial is prohibited.