Frq Ch 4-5

Question 0

Rights of criminal defendants incorporation to states

Answer 0

Mapp v Ohio (incorporated exclusionary rule) Miranda v Arizona ( right not to self incriminate)

Question 1

Define selective incorporation

Answer 1

The Supreme Court or the United States gradually applying some of the freedoms protected by the bill of rights against the state governments by the 14th amendments due process clause

Question 2

First amendment incorporation to states

Answer 2

Gitlow vs Newyork (freedom of speech)

Engle v vitale (incorporated establishment clause)

Question 3

Incorporated privacy rights

Answer 3

Griswald vs Connecticut (birth control)

Roe v wade (delt with abortion)

Question 4

Engel v Vitale (school prayer)

What 1st amendment clause SCOTUS used to base decision

Answer 4

Establishment clause and state mandatory prayer is unconstitutional in school

Question 5

Lemon vs kurtzman ( state funding for religious schools

1st amendment clause that SCOTUS used to base decision

Answer 5

Establishment clause and established the lemon test to see if state aid to religious schools violated establishment clause
Secular, not advance or advance religion, not intangible ment

Question 6

Reynolds v United States (polygamy)

Answer 6

Free exercise clause

Not unconstitutional to make laws against polygamy

Question 7

Oregon v smith (drug use in religious ceremonies)

Answer 7

Free excessive clause

Upheld the law to make. The use of drugs in religious services illegal

Question 8

How might congress limit impact of Supreme Court

Answer 8

Expand number of justices on court to effect ideological balance of court
Amendment to constitution

Question 9

How might executive impact SCOTUS decisions

Answer 9

President can us the power of appointment to change balance in court
Not in force the SCOTUS decisions

Question 10

How does state limit impact of SCOTUS decisions

Answer 10

Governors of state could refuse to enforce court decisions

Question 11

Brown vs board

Answer 11

Due process clause
Equal protection overturned the separate but equal doctorine of plessy v fugerson. 1st major victory for civil right activist, gives them more anthusium to accomplish more

Question 12

Baker v carr

Answer 12

Districts must be equal for voting equal representation

Open up the path for court striking down on racial Gerryamadering

Question 13

Regard of the university of California v bakke

Answer 13

Outlaw quotas in affirmative action programs

Gives incoragment to opponents of affirmative action

Question 14

Mapp v Ohio

Answer 14

Exclusionary rule in state cases

Question 15

Gideon v wainwright

Answer 15

Right to counsel in state cases

Question 16

Miranda v Arizona

Answer 16

Right to not selficriminate yourself in state cases

Question 17

Explain significance of these cases

Answer 17

Mapp Ohio
Gideon v wainwright
Miranda v Arizona

Started concervative movement

Question 18

Literary test in prevent of voting

Answer 18

Most African Americans were not educated and not able to read so they can’t pass the test
And questions are impossible

Question 19

Pole tax

Answer 19

People had to pay money to vote and since minority’s have less money they can’t vote

Question 20

Two alternative forms of political participation

Answer 20

Protesting civil disobedience

Organization of ncaap, took things to court

Question 21

Forms of how minority’s participate in atl forms of political movement

Answer 21

Litigation and protesting

Question 22

How does federalism limit powers of national government executive

Answer 22

State and local level govt get to make decision like the president, takes power from president

Question 23

Checks and balances limit power of national govt executive

Answer 23

Congress and court checks what the president do

Question 24

How establishment clause limit the power of national govt

Answer 24

They cannot advance.a religion

Question 25

Guarantee of public trial limit power on national govt

Answer 25

Fair hearing wear you can defend yourself and must be public Limits violation against citizen

Question 26

How limits the power of state government citizenship clause of 14th amendment

Answer 26

Law of the soil ( born on american soil) Law of blood (parent was citizen you are citizen) Naturalization: cannot deny your rights as a citizen in that state whether they like you or not

Question 27

Selective incorporation limits power of state governments

Answer 27

Requires the state to incorporate the bill of rights into their government Can no longer deny them

Question 28

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

Answer 28

Congress (House of representatives) elected by the people directly by the people

Question 29

Explain two ways the United States constitution limited majority rule

Answer 29

Majority does not elect president electoral collage does, president appoints judge and they serve for life

Question 30

Primary elections development | Before and after

Answer 30

Party elders picked candidate now people are more involved because of primary elections

Question 31

Seventh amendment development | Before and after

Answer 31

State legislator get to be voted on by the people

Question 32

Expansion of suffrage befor and after

Answer 32

It increased the number of people to be allowed to vote

Question 33

How does federalism an obstacle

Answer 33

Allowed states an local governments to discriminate against people

Question 34

United States political system obstacle for minority's

Answer 34

White primary of the Democratic Party

Question 35

United States electoral system present obstacles to minority

Answer 35

Racial Gerry meandering

Question 36

Federalism giving opportunity to minority

Answer 36

No satisfaction in one level of government you could appeal to a higher or different level of govt

Question 37

United States political party systems presenting opertunity to minority's

Answer 37

Join a party that appeals to them

Question 38

United States electoral system present opertunity to minority's

Answer 38

If they know the margin of either winning or loosing for a candidate's campaign that could give them more opertunity in that the candidate would try to win them over

Question 39

What did the voting rights of 1965 do

Answer 39

Eliminated literacy test and residency requirements to increase access to minority voting

Question 40

What did 24th amendment do

Answer 40

Eliminate poll tax that didn't allow people to vote hence increasing access for minority voting

Question 41

Barrier that currently impeades minority representation in congress

Answer 41

There is still prejudice within people which inhibits minority representation in congress Incumbent advantage

Question 42

Compare position of federalist and anti federalist

Answer 42

Feds- division of power ( more centrilized government) Anti Feds- feared strong government, wanted power individual in states

Question 43

Two features of original constitution have led growth to national powers

Answer 43

``` Supremacy clause ( federal law proceeds all) Regulate interstate commerce ( commerce clause) Elastic clause (allows government to legislate beyond it enumerated powers ```

Question 44

First amendment address anti federalist concerns

Answer 44

Protects those liberties from all. Government intrusion. | Protects freedoms of religion, speech, assembly etc

Question 45

10th amendment address anti federalist concerns

Answer 45

Reserved power of the states | All powers not given to the federal govt is given to the states

Question 46

How 14 amendment altered balance of power btw state and national govt Due process

Answer 46

Selective incorporation prohibits the states from taking away your freedoms without due process States compelled to follow national standards

Question 47

How 14 amendment altered balance of power btw state and national govt Equal protection clause

Answer 47

Forbade states from discriminating racial minorities