Exam One Study Guide

Question 1

What limits has the Court paced on warranted searches? What issues and cases help us understand the scope of the search and seizure?

Answer 1

XX. Fourth Amendment

a. No unreasonable search and seizure
b. Requires a warrant
i. Katz v. United States 1967
c. Exclusionary rule: Fruit of the Poisonous Tree
i. Federal Cases: Weeks v. United States 1914
ii. State Cases: Mapp v. Ohio 1961
iii. Law enforcement objection of exclusionary rule?

Question 2

What events led to the Revolution?

Answer 2

IV. Increased tensions

a. Townshend Acts, 1767 - new series of taxes on newspapers, ink, playing cards…americans don’t like but other colonists pay them as well
b. Tea Act, 1773 - parliament repeals the tea tax except on the American colonies - that is it -
c. Boston Tea Party—December 16, 1773 - millions of pounds of British tea
d. Coercive (Intolerable) Acts, 1774 - punishment for the Boston Tea Party - Massachusetts no longer able to govern itself, closes port of Boston - this turned the sentiment against Parliament (Americans did not support the actions in the Boston Tea Party)

Question 3

How did the politics around slavery contribute to the Civil War?

Answer 3

The Dread Scott case about a slave who was brought into free territory and then returned to the south resulted in Abraham Lincoln getting elected and ultimately the emancipation proclamation.

Question 4

How did the early Court expand the power of the federal government?

Answer 4

V. Evolving Definitions: Nation-Centered Federalism

a. Assumption of state debts and the creation of the national bank
b. McCulloch v. Ogden Maryland (1819) – open up a second branch of the national bank – Maryland didn’t want it – taxed it, federal said no courts said no – affirms the constitutionality of the bank
c. Gibbons v. Ogden (1824) – NY & NJ fighting over ferries across harbor – federal said no, national waters

Question 5

What types of grants does the federal government use to support fiscal federalism?

Answer 5

IX. Federalism through finance

a. Fiscal federalism – one of the ways the national government can influence is through grants-in-aid
b. grants-in-aid
c. categorical grants
d. block grants
e. matching grants
f. Unfunded mandates – increasingly common in the 90s – balanced budget amendment increased the problem

Question 6

What is the ERA and why does it fail?

Answer 6

ERA - ensure equal protection on basis of sex 36 of 38 required - roe v wade creates resistance

Question 7

What were the goals of the Second Continental Congress?

Answer 7

VI. Second Continental congress

a. All 13 colonies
b. Established an army
c. Made Washington the General in Chief - showed up to the congress every day in military dress
d. Pursued the Revolutionary War
e. Established the committee for independence - research how supportive the public is of independence (Jefferson, Franklin, Adams?)

Question 8

Why do we have government?

Answer 8

To protect individuals rights, support the rule of law, provide services

Question 9

What standards does the Court use when assessing the constitutionality of laws and government actions?

Answer 9

Strict scrutiny - race ethnicity, intermediate scrutiny - gender (now sexual preference?), Reasonal basis - non suspect (age, income)

Question 10

Can you identify and explain the Enumerated, Concurrent, and Reserve powers? Be sure you can provide examples of each.

Answer 10

a. Exclusive Powers – exclusive to the federal government enumerated in the constitution (federal - coin money, regulate interstate and foreign commerce) (regulate intrastate commerce, run elections)
b. Implied Powers - default
c. Concurrent Powers – shared/overlap – both state and national government (Tax, borrow money, charter banks and corporations)
d. Reserve Powers – only states can exercise [ know one example of exclusive ****]

Question 11

Compare and contrast federal, unitary, and confederal styles of government?

Answer 11

a. Divides power – gives the state and the national government distinct powers, was new at the time of the signing of the Constitution
b. Mix of unitary-power is delegated to the states from national-most common around the world and confederacy states delegate power to the national government

Question 12

How does the government protect symbolic speech?

Answer 12

a. United States v. O’Brien 1968 – can limit speech – O’Brien test
i. Government interest must be valid and important
ii. Interest must be unreleated to the suppression of speech
iii. Restriction should be no greater than is essential to the furtherance of that interest
b. Texas v. Johnson 1989 – you can burn the flag

Question 13

How did the balance between the fears inspired by war with England and the fears inspired by the failures of the Articles shape the Constitution?

Answer 13

XXIV. Features of the New Government
a. Popular sovereignty
b. A republican government
c. A limited government
d. Separation of powers
e. Checks and Balances
f. Federal System
XXV. Amending the Constitution
a. Formal Amendment Process
b. Congressional Legislation
c. Presidential Action
d. Judicial Review

Question 14

What were the strengths and weakness of the Articles?

Answer 14

XII. Goals
a. coordinate war effort
b. Gain independence 
c. Organize the Northwest Territory
XIII. Weaknesses
a. Lacked central authority
b. Couldn’t resolve disputes, raise taxes, organize militia, regulate trade
c. No separation of powers
d. Too much state independence 
e. Hard to pass laws, nearly impossible to Amend

Question 15

In what ways does the government rely on power, authority, and legitimacy?

Answer 15

The government uses its power to control the actions of the people it governs. Legitimacy is popular acceptance of the governments authority.

Question 16

What were the key debates about the judiciary at the Convention?

Answer 16

XX. Politicking and compromises: judiciary

a. Little Time
b. Appointment
c. Lower Courts
d. Checks and Balances

Question 17

Can you articulate the key events and debates around ratification of the Constitution?

Answer 17

XXIII. Ratification

a. 9/13 States had to ratify
b. Federalist versus the Anti-Federalist
i. The Federalist Papers
ii. The Anti-Federalist Papers
c. The Bill of Rights Problems

Question 18

When can the government search without a warrant?

Answer 18

XXI. Fourth Amendment
a. Good faith exception 
b. Warrantless searches 
i.  
ii.  
iii.  
iv.

Question 19

What are the key features of the social contract according to Hobbes? Locke?

Answer 19

VIII. Thomas Hobbes

a. State of Nature = State of War
b. There is no rule of law
c. Life is. “Solitary, poor, nasty, short, and brutish” - quote from The Leviathan
d. Eternally binding
i. “Appeal to Heaven”

Question 20

How were non-whites prevented from voting after the Civil War?

Answer 20

White primaries, Poll tax, Literacy Tests

Question 21

How have gay rights evolved over time? What laws and cases have led to this evolution?

Answer 21

a. DOMA, 1996
b. VT legalizes same sex civil unions, 2000
c. MA legalizes same sex marriage, 2004
d. United States v. Windsor, 2013
e. Obergefell v. Hodges 2015

Question 22

What features of the Constitution that set up a federalist system?

Answer 22

a. The Constitution
i. Supremacy Clause, Article VI, Clause 2
ii. Article I, Section 8 – enumerates all of the powers of congress and they shall have the power to make all laws necessary & proper to fulfil their duties – elastic clause
iii. Elastic Clause
iv. 10th Amendment – any power not specifically granted to the national government is reserved to the states
III. Separating Power

Question 23

Identify different forms of government with examples.

Answer 23

Totalitarianism - power rests in a single indiividual that controls Economic, social and political activity, Authoritarianism - political power rests in an individual or a small group that only affectis pieces of the peoples daily lives, Democracy - rule by the people

Question 24

What are the disadvantages and advantages of a federalism?

Answer 24

Fosters State Loyalties: Many Americans feel close ties to their home state, and federalism maintains that connection by giving power to the states.
Practices Pragmatism: Running a country the size of the United States, with such a diverse population, is much easier to do if power is given to local officials. Likewise, state and local officials are closer to the problems of their areas, so it makes sense for them to choose policies to solve those problems.
Creates Laboratories Of Democracy: State governments can experiment with policies, and other states (and the federal government) can learn from their successes and failures.Prevents The Creation Of A National Policy: The United States does not have a single policy on issues; instead, it has fifty-one policies, which often leads to confusion.
Leads To A Lack Of Accountability: The overlap of the boundaries among national and state governments makes it tricky to assign blame for failed policies.

Question 25

What gaps still exist in civil rights protection?

Answer 25

illegal immigrants, transgender

Question 26

How did the issue of slavery affect the final document produced by the Convention? Why?

Answer 26

XXI. Politicking and compromises: slavery a. The Three-Fifths Compromise b. The Slave Trade c. Fugitive Slaves

Question 27

How did the Civil Rights Movement affect change?

Answer 27

non-violent protest, NAACP used the legal system to fight unfair laws

Question 28

What is the social contract?

Answer 28

VII. What is the social contract? a. Social Contract Theory is a thought experiment - b. The starting point - no government c. The end point

Question 29

What are the fundamental values of American government?

Answer 29

Civil Liberties, Equality, Property Rights and Capitalism, Government Size

Question 30

Why have we seen federal power expand?

Answer 30

to solve national problems

Question 31

Where does the right to privacy come from? What issues and cases help us understand the scope privacy?

Answer 31

XXIX. Privacy Rights a. Not explicitly glanced in the Constitution b. Justice Brandeis “the right to be left alone—the most comprehensive of rights and most valued by civilized men” c. XXX. Right to Privacy in Action a. Griswold v. Connecticut 1965 b. Abortion i. Roe v. Wade 1973 c. The Right to Die i. Curzan v. Director, Missouri Department of Health 1997

Question 32

How does immigration present civil rights questions?

Answer 32

Because illegal immigration laws do not target you for what you are doing, but for who you are.

Question 33

Why did the Bill of Rights not extend to state governments?

Answer 33

The framers believed the rights were inherent.

Question 34

What did government under the Articles of Confederation look like?

Answer 34

XI. Articles of Confederation: the basics a. First constitution of the United States b. States retained most of their power c. Unicameral legislature with equal representation d. Laws passed with 2/3 vote

Question 35

What were the key debates about the executive at the Convention?

Answer 35

XIX. Politicking and compromises: president a. Single vs. Plural b. Terms c. Electoral College d. Checks and Balances

Question 36

Can you trace the path to women’s suffrage?

Answer 36

a. The Founding b. Seneca Falls Convention 1848 – conference that issued a declaration of sentiments – “women’s bill of rights” – right to vote – own property – more emotive than effectual - c. Civil War Amendments – women left out d. National Organization for National and State Amendments 1869 – advocate nationally and state by state to get rights to vote e. Wyoming, 1869 – first territory f. Colorado, 1893 – first state to amend it’s constitution g. Amendment proposed, 1919 – response to WWI h. 19th Amendment, 1920

Question 37

How does English History help us understand the origins of the Revolution?

Answer 37

I. Borrowing from English History - long tradition of self-governance II. Manga Carta, 1215 - took power away from the King and invested it In the people (people with land) - People under the law have to consent to the law a. Jamestown, 1607 - first permanent English settlement - get rich quick (expected gold) - large availability of land - no social mobility in England i. Economic Freedom - social mobility ii. House of Burgesses - first representative government in the new world - self government b. Plymouth, 1620 i. Religious Freedom (?) - wanted to practice their own religion ii. Mayflower Compact - people who live under the law have a say in the law - as long as you are a member of the church III. Colonial dissatisfaction a. The French and Indian (Seven. Years) War, 1754-1763 - wholesale disruption in relation between parliament and the colonies - started by the colonies - settlers in Virginia and the French - George Washington encounters French troops on way to meeting kill leader of the French troops and are in turn captured - Washington signs document written in French starting war - war triples the debt In Great Britian b. Sugar Act, 1764 - extention of an Import/export tax they were already paying to France - colonists knew it was about raising revenue c. Stamp Act, 1765 - like a sales tax - have to purchase a stamp to say you paid the tax on the item - not about regulating trade - entirely about raising money to pay for the war - argue no taxes without representation - called the taxes Illegitimate d. Stamp Act Congress - all 13 colonies participate - parliament repeals the tax

Question 38

What are the differences between civil liberties and civil rights?

Answer 38

Civil liberties are basic rights of all people recognized by the government. Civil rights are granted by the government to ensure fairness and prevent discrimination based on a particular attribute of it's people.

Question 39

What is the relationship between John Locke’s version of the social contract and the Declaration?

Answer 39

IX. John Locke - state of nature is governed by reason a. Reason teaches “no one ought to harm another in his life, health, liberty, or possessions” b. People have natural right to “live, healthy, liberty, or possessions” c. Enter civil society to have ensured protection of these natural rights i. Right of revolution

Question 40

How as the Court limited or protected the Establishment of religion? What issues and cases help us understand the scope of the Establishment clause?

Answer 40

Zelman v Simmons-Harrison - vouchers can be used for religious schools as long as they are available for non-religious schools. Engel v Vitale - no prayer of any kind allowed in classroom. Outside the classroom - must be able to opt out

Question 41

What were the key debates about the legislature at the Constitutional Convention?

Answer 41

XVII. Politicking and compromises: Congress a. The New Jersey Plan i. Unicameral legislature ii. Equal representation iii. Plural executive iv. A high court appointed by the executive XVIII. Politicking and compromises: Congress a. The Great Compromise i. Bicameral legislature 1. Lower house directly elected and apportioned based on population 2. Upper house with equal representation and chosen by state legislatures

Question 42

What restriction has the Court placed on the press? What issues and cases help us understand the scope of the free press?

Answer 42

a. Why is press protected? So the people can hear the truth – important to inform the people b. What do we mean by the press? Stronger for printed media – more regulations for tv and radio c. No Prior Restraint – government stopping news i. The Pentagon Papers Case 1971 ii. ‘Grave and probable danger’ d. Libel i. Lies printed in the press – malicious intent and reckless disregard for the truth e. Gag orders – can keep trial private to keep the trial fair

Question 43

How did the Bill of Rights come to apply to states?

Answer 43

14th amendment, Incorporation theory

Question 44

What rights are extended to people accused of crimes? Where in the constitution are those rights protected? What issues and cases help us understand the scope of these rights?

Answer 44

``` XXIV. TEXT of the sixth amendment XXV. Sixth Amendment a. Legal counsel i. Gideon v. Wainwright 1963 b. Informed of charges c. Speedy and public trial by jury d. Impartial jury of one’s peer XXVI. TEXT of the seventh Amendment XXVII. TEXT of Eight Amendment XXVIII. Eight Amendment a. Reasonable Bail b. No cruel and unusual punishment i. ii. ```

Question 45

Compare and contrast the competing theories of democracy.

Answer 45

Majoritarian, Elite Theory, Pluralism

Question 46

How have protections for women in the work place changed over time? What laws protect women in these spaces?

Answer 46

i. The Equal Pay Act of 1963 – woman can sue within 60 days of hiring ii. The Glass Ceiling – companies unwilling to promote women above a certain level iii. Lilly Ledbetter Fair Pay Act – Goodyear – coworker on same tier sometimes over him – 60 days from point she finds out iv. Trump’s EO – repealed Obama & Bush’s executive orders will not contract with companies that didn’t ensure wage parity

Question 47

How as the Court limited or protected the right to Free Exercise of religion? What issues and cases help us understand the scope of the Free Exercise clause?

Answer 47

Religions Freedom Restoration Act (granted the rights to consume illegal illicit substances. Serbert v Verner struck down a law that required an individual to be available for work Mon-Sat to receive benefits. Wisconsin v. Yoder allowed Amish students to cease school earlier that reqirement to go til 18

Question 48

What laws or cases helped extend the law to cover the rights of minorities?

Answer 48

Brown v Board, Civil Rights Act, 24th Amendment, Votoing Rights Act of 1965, Affirmative Action

Question 49

What limits has the Court placed on free speech? What issues and cases help us understand the scope of free speech?

Answer 49

c. “Clear and present danger” i. Schneck v. United States 1919 - can limit speech if that speech represents a clear and present danger i. ii. Replaced with the “imminenet lawless action text” -Brandenburg v. Ohio 1969

Question 50

What were the goals of the First Continental Congress?

Answer 50

V. First Continental congress - quasi rebellions & illegal a. 12 of 13 colonies represented b. Organized a boycott of all taxed goods c. Encouraged colonial militias to arm themselves - did not pursue military engagement (just get ready) - colonial militia attempted to confiscate arms - shot heard round the world d. Did not promote independence

Question 51

What led to the Constitutional Convention?

Answer 51

XV. Constitutional Convention, 1787 a. Now all wanted a new form of government b. Aims: c. Raising the international prestige of the US d. Staving off further rebellion e. Provide settlers in the West protection f. Address the post-war depression