test 2 Flashcards
1
Q
. Although the two concepts are often used interchangeably, the difference between civil liberties and civil rights is which of the following:
A
civil liberties are the Constitution’s protections “from” government power; civil rights are the Constitution’s protections provided “by” government power
2
Q
The effort to secure civil rights for African Americans rested on which of the following:
A
configuring politics to allow society’s competing interests to check one another
3
Q
Madison, who recognized that people act most forcefully when they have a stake in the outcome, believed tyranny could best be avoided by which of the following
A
empowering every faction to look out for its own interests
4
Q
Between 1807 and 1819, slavery was a side-issue in politics only because of which of the following
A
the northern and southern states carefully maintained regional balance in the Senate by equally matching slave states’ and free states’ entry into the Union
5
Q
In the antebellum South, white majorities enlisted state authority to preserve slavery, aided by their agents in the Senate, who did which of the following, as Madison warned
A
they succeeded in frustrating national action
6
Q
After Lincoln was elected, for the first time in American history which of the following was true
A
the president and a majority of both houses of Congress were aligned against slavery’s extension
7
Q
For most states, freeing slaves and granting slaves full-fledged citizenship were two different things and
A
granting slaves full-fledged citizenship was considered radical even by abolitionists
8
Q
The Fourteenth Amendment, as an integral part of Reconstruction, was intended to serve two constituencies–first, African Americans in the South, and second
A
the Republican majority in Washington, D.C.
9
Q
Section 2 of the Fourteenth Amendment reaffirms the constitutional prescription of apportioning seats in the House or Representatives according to a state’s population but makes the following exception:
A
if black males are not allowed to vote in federal and state elections, the number of allocated seats would be reduced proportionally
10
Q
It is evident that Reconstruction was driven by narrow partisan purposes for which of the following reasons
A
all the freed slaves got from Congress was the ballot
11
Q
The commitment of northern Republicans to Reconstruction in the South waned after which of the following
A
an economic recession led to many Republican losses in the 1874 election
12
Q
The 1965 Voting Rights Act authorized the Justice Department, under certain circumstances, to send federal officers into communities to directly register voters. This policy is which of the following
A
perfectly consistent with Madison’s proposed national veto over objectionable state laws
13
Q
The Johnson administration’s high-profile sponsorship of civil rights laws set the stage for civil rights to do which of the following:
A
to emerge as a major campaign issue in the 1964 presidential election
14
Q
The difference between de facto segregation and de jure segregation is which of the following
A
de facto segregation is mandated by law; de jure segregation is not mandated by law
15
Q
Early feminists called themselves “suffragists” because of which of the following
A
one important issue for them was campaigning for the vote
16
Q
convened an abolitionist society meeting in his home and invited delegates to the Constitutional Convention to attend
A
Benjamin Franklin
17
Q
Between 1882 and 1950, 4,729 lynchings were reported in the United States. African Americans were the victims of these lynchings in which portion of these cases
A
about three-quarters of the cases
18
Q
Congress passed a law that ended the importation of slaves in 1807 for which of the following reasons
A
the Constitution’s prohibition against the federal government’s regulation of the slave trade was about to expire
19
Q
A small but persistent abolitionist movement before and into the Civil War forced the nation to do which of the following
A
face the discrepancy between its creed, “Life, Liberty, and the Pursuit of Happiness,” and the enslavement of 10 percent of its population
20
Q
Whereas Madison viewed competing ambitions as performing a limited but vital service of neutralizing politicians who might be inclined to serve themselves more than their constiuencies, the history of civil rights portrays these same vote-seeking politicians as
A
transforming moral justice into public policy
21
Q
Wilmot, Lincoln, and Johnson all assembled coalitions of self-interested constituencies behind
A
policies that have rapidly evolved to secure the civil rights of all Americans
22
Q
Which of the following was the rationale behind the Missouri Compromise of 1820, which matched Missouri’s entry into the Union as a slave state with Maine’s entry into the Union as a free state
A
the parties compromised so the balance in the Senate between free and slave states would be maintained
23
Q
In 1846, David Wilmot, a Democratic representative from Pennsylvania, sought to ban slavery in the newly acquired territories for which of the following reasons
A
because the presence of slaves as free labor depressed wages for white workers
24
Q
The Fugitive Slave Law of 1850 forced law enforcement authorities
A
in both the North and the South to act as slaveholders’ agents in seizing and returning their “property
25
When was the first time in American history that the president and a majority in both the House and the Senate were opposed to the extension of slavery into the new territories
not until the election of Abraham Lincoln and a commanding majority of Republicans in the House of Representatives, along with a Republican alliance with splinter parties in the Senate
26
Which of the following had occurred by June of 1861
eleven states had left the Union and formed a new confederation-style government
27
. In the five year period from 1865 to 1870, slaves were emancipated, granted citizenship, and guaranteed the right to vote. However, which of the following was also true
only a handful of Union states gave African American citizens equal access to the ballot box
28
Shortly after the Civil War, southern legislators enacted laws to keep former slaves from voting. These laws were called which of the following
black codes
29
The Fourteenth Amendment to the Constitution provides in part that no state shall "deprive any person of life, liberty, or property without the due process of law,
deny to any person within its jurisdiction the equal protection of the laws
30
The First Reconstruction Act of 1867 disbanded the governments of the southern states and replaced them with which of the following
five military districts headed by generals and administered by more than twenty thousand troops
31
The purpose of Reconstruction can best be characterized as which of the following
a massive and successful social and economic reconstruction of the South
32
Jim Crow laws" were which of the following
laws adopted throughout the South to disenfranchise black citizens and to institutionalize segregation
33
The white primary, which excluded African Americans from voting in the primary, effectively disenfranchised African Americans because of which of the following reasons
the South was solidly Democratic, so winning the Democratic primary was the same as winning the election
34
The poll tax, literacy tests, and grandfather clause were all mechanisms by which
African Americans were deprived of the right to vote
35
The Supreme Court decision in Brown v. Board of Education of Topeka is most notable for which of the following reasons
it struck down the separate but equal doctrine established by Plessy v. Ferguson
36
After Brown v. Board of Topeka was decided in 1954, Central High School in Little Rock, Arkansas, was integrated in 1957 with the help of which of the following
U.S. Army troops sent by President Dwight Eisenhower
37
. Rosa Parks launched the Montgomery bus boycott in December of 1955 by doing which of the following
refusing to surrender her seat to a white person and move to the back of a city bus as required by law
38
Rev. Martin Luther King Jr. spearheaded demonstrations throughout the South through his organization, which was called
the Southern Christian Leadership Conference
39
As a result of the Voting Rights Act of 1965, which of the following happened
both voter registration and election to office increased dramatically for African Americans
40
. Affirmative action refers to a policy that does which of the following
gives special consideration to minorities in their selection for employment and education where employers or government agencies have practiced discrimination in the past
41
The 1970 extension of the Voting Rights Act required which of the following with regard to ballots
ballots be available in Spanish where at least 5 percent of the population is Hispanic
42
Growing numbers and a concentrated residential pattern for Hispanics mean which of the following
politicians will find they can ill afford to ignore this constituency
43
In Lawrence v. Texas (2003), the Supreme Court ruled state antisodomy laws were unconstitutional, citing which of the following
the court in so doing cited individual privacy protections
44
The phrase "hate crime designation" refers to which of the following
those provisions of the criminal code that make it illegal, or enhance penalties for, violence directed against individuals, property, or organizations solely because of the victim's race, gender, national origin, or sexual orientation
45
In both 2008 and 2010, the American electorate
delivered a powerful message of discontent with the status quo
46
Pluralist politics is all about building coaltitions, which means
getting people to agree to an action even in the absence of agreement about the purpose of the action
47
When James Madison defended the Constitution in Federalist 10, he adopted the term “republic” to
emphasize the distinction between democracy as the eighteenth century Americans saw it and the proposed new system
48
James Madison characterized the proposed new system of representative democracy as a "republic," which he distinguished from a democracy due to
the delegation of the government to a small number of people elected by the rest, and the greater number of people and sphere of the country over which the government may be extended
49
Elections work to ameliorate the problem of delegation of authority in which of the following ways
all of the above
50
Every expansion of suffrage since the adoption of the Constitution has had to do which of the following
overcome both philosophical objections and mundane calculations of political advantage
51
The assorted demographic and institutional influences on voting produce an electorate
in which wealthy, well-educated, older white people are overrepresented and poor, uneducated, young, and nonwhite people are underrepresented
52
Systematic evidence suggests that the variations in policy preferences between voters and nonvoters are
. not very different and few elections would have different outcomes even if every eligible voter voted
53
When the goals and tactics of political entrepreneurs change
the level of electoral participation changes because turnout is directly affected by these activities
54
Casting a vote is making a prediction about the future
that electing one candidate will produce a better outcome in some relevant sense than electing another candidate
55
The most important information shortcut voters use to make predictions is
advertisements about specific policy proposals
56
Party labels provide cues for performance voting so voters can easily
vote for the in-party when the voter thinks the government is doing well and vote for the out-party when the voter thinks the government is doing badly
57
. Issue voting is
made easier by party labels because the typical positions of Republicans and Democrats differ in predictable ways on many issues
58
. One political consultant explained this campaign tactic by saying: "People say they hate _________________. But [this tactic] works. They hate it and they remember it
negative campaigning
59
Some of the staples of political advertising are
all of the above
60
A highly competitive election for the House of Representatives is defined as a race in which the winner received
55 percent or less of the major-party vote
61
Broadly speaking, campaign finance operates through two parallel systems
money given directly to candidates, which is regulated, and money spent outside of the candidate's campaign, which generally is unregulated
62
The ultimate barrier to a more egalitarian campaign finance system is
the First Amendment to the Constitution as it is currently interpreted by the Supreme Court
63
When candidates form relatively stable coalitions with other would-be leaders--that is, combine into political parties--the following is true
they narrow voter choices to a manageable number and simplify voters' choices across offices and over time
64
the 2008 presidential election
gave Democrats full control of the federal government for the first time since 1994
65
Overall, large increases in the turn-out in the presidential elections of 2004 and 2008 is attributable to
intensive registration campaigns
66
Which of the following is true about the practices of selecting leaders by ballot and limiting suffrage
these arrived with the settlers from England, and many of the suffrage restrictions survived the Revolution
67
When was universal suffrage for white men achieved
in the 1840s, in the wake of the triumph of Jacksonian democracy
68
Universal suffrage for women was achieved
in 1920 with the adoption of the Nineteenth Amendment
69
The Civil War amendments did which of the following
did not effectively extend the vote to African Americans
70
27. The most recent expansion of voting rights lowered the voting age of citizens to eighteen years through the
Twenty-sixth Amendment in 1971
71
Other things being equal, the voting rates for men and women
are about the same
72
Most candidates and parties have replaced labor-intensive, door-to-door campaigns with
money-intensive television and direct-mail campaigns
73
Voters who coalesce around causes such as gun control or gun rights are
single-issue voters
74
The best single predictor of how someone will vote in federal elections is
party identification
75
The ___________ is the candidate's answer to the voter's question: Why should I vote for this candidate
message
76
A focus group is
a small number of ordinary citizens who are observed as they talk with each other about political candidates, issues, and events
77
_____________________ was a sign put up by Bill Clinton's campaign manager in 1992 to keep focus on the campaign's most powerful message.
It's the economy, stupid
78
In the single most expensive Senate race so far--New York in 2000--Hillary Rodham Clinton and her opponent combined to spend
about $69 million
79
Taxpayers partially finance
presidential campaigns
80
Because races tend to be much closer when the advantages of incumbency do not apply
candidates for open seats usually are in a better position to raise funds
81
In predicting the likely results in a presidential general election, the best indicator of success is which of the following
how voters respond to the competing campaign messages
82
The evidence for the claim that campaign money buys influence and elected officials ignore voters to please donors is
tenuous
83
1st amendment
speech and press
84
the right to offend but
not to injure
85
the 1st amendment is designed to
protect unpopular speech and press from the majority
86
jefferson said where the press
is free and everyman is able to read all is safe
87
freedom of information is
a check on government power
88
the answer to bad speech is
better speech not censorship by the majority
89
Belief earth revolves around sun (Bruno) results
in death penalty (by religion)
90
Thomas Paine
did not believe in literal truth of Bible & vilified.
91
The constitution establishes a line between
speech/press that advances society & that which is destructive.
92
In their attempt to draw the line separating permissible from impermissible speech
judges have had to balance freedom of expression against competing values like
93
alien and sedition act 1798
illegal to be critical of anyone in government
94
espionage act 1917
anyone who was critical of ww1 efforts or encouraged resisting the draft you would be arrested
95
near v minnesota 1931
state of min law any publication made defamatory militia could be deemed a public nuisance and shutdown
96
new york times v u.s 1971
top secret documents
97
the president cant censore a newspaper
unless he in court can prove it harms the u.s
98
justice holmes
defined the “Clear and Present Danger” test in Schenck v. U.S. 1919
99
urging men not to submit to the draft
is like shouting fire in a theater according to oliver wendell holmes
100
we have the right to stop speech if words are used in circumstances
and or in such a nature to cause clear or present danger before there was an opportunity for discussion
101
bad tendency
test engaging in speech in which has a tendency to cause bad behavior
102
debs v united states
eugene debs socialist elimination of capitalism goes to prison president pardons him
103
dennis v u.s
dennis is a commie smith act of 1941 felony crime to be a commie and advocate the violent overthrough of the u.s
104
libel and slander
in 17th century it was seditious libel to criticize the king or his ministers whether true or not
105
libel
is a written statement that wrongly defames the character of a person
106
slander is
spoken words that wrongly defames the character of a person
107
In the United States, it is often difficult to prove libel or slander if
“public persons” are involved
108
slander is
okay if its true if its a lie its bad
109
roth v us 1957
if it as defined as obscence it is not protected by first amendment
110
osbourne v ohio 1991
perfectly permissable for legislative bodies to make it a crime for children to be exposed to obscenity
111
miller v california
Miller concerned bookseller Marvin Miller's conviction under California obscenity laws for distributing illustrated books of a sexual nature
112
miller v california verdict
In Miller, the Court's decision stated that obscene material is not protected by the First Amendment.
113
three pronged test
if the normal person would find it bad. if the images are against the law. whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
114
What Types of Speech are Protected
Symbolic speech--symbols, signs, and other methods of expression. The Supreme Court has upheld as constitutional a number of actions including:
115
Tinker v. De Moines Independent Community School District, 1969
girl antiwar arm bands
116
texas v johnson
burned flag on govt steps johnson won
117
Vagueness:
such laws have a "chilling effect" because no one knows what is or is not allowed.
118
Fighting words
illegal - can injure & provoke some to attack, injure, kill, & destroy property of others
119
naacp 58
court case against cops wanting the names of members
120
healy v james
during viet war govt demanding to know who were in anti war student organizations
121
National Socialist Party of America v. Skokie ’77
most people in town were jewish survivors they were allowed to march but police decided times
122
the hatch act
federal govt employees cant do govt activites
123
west borrow baptist church charged
awarded matthew snydyes dad 10.9 mil
124
2nd Amendment Right to Arms
(Because) “A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
125
miller v texas 1984
texas law prohibited carrying dangerous weapons court said 2nd doesnt apply to states
126
U. S. v. Miller, 1939
Miller & Layton caught w/unregistered sawed off shotgun while transporting from Oklahoma to Arkansas. Arrested
127
National Firearms Act
1934, regulated interstate transportation of various weapons to control organized crime
128
heller v dc
DC law stated handguns illegal & required child safety locks on long guns in this federal jurisdiction.Reverses a 2 century position (stare decisis) of the court that 2nd refers to a military organizations - not individual citizens
129
McDonald v. Chicago
Challenged a 7th Circuit court ruling that said the Second Amendment applies only to federal regulation of an individual's right to guns and not in cases of restrictions by states and municipalities like Chicago and Oak Park, Ill
130
McDonald v. Chicago court said
if ever convicted of domestic violence you can never possess a fire arm or ammo
131
3rd Amendment
No soldier will be quartered in a home without permission or ok from Congress.
132
4th Amendment
general search
133
General Search Warrant
Agent of the King needed to obtain this from a judge
134
English Law
Also used along the ocean front wharves to kidnap colonist into duty as sailors with the English navy.
135
Writ of assistance
Type of general warrant magistrate issued to King George III for his “lifetime!” Never again needed judge’s approval to search (tear up) any time, any where, any person
136
4th Amendment
against unreasonable searches and seizures no warrants without probable cause
137
4th doesnt apply to
abandoned property
138
the constitution is a
contract between govt and citizens
139
Private citizens can search without violating
4th (burglary).
140
Exclusionary rule
stops police from searching anyone
141
Suppression hearing asks Court to exclude evidence illegally obtained
under “fruit of the poisonous tree” doctrine.
142
Mapp v. Ohio, 1961
Police search woman’s home for porn Extended exclusionary rule to the states & provided an enforcement mechanism to exclude evidence from trial
143
probable cause
must show that the suspect probably commited a crime
144
search must be
limited in time, place, and directed toward specific things
145
Carroll v. United States, 1925
Police have no “general right” to stop & search a car without probable cause.
146
Court believes
Citizens are NOT entitled to same privacy in cars, as in homes.
147
Mobility doctrine.
Vehicles are mobile and evidence can too easily disappear
148
Terry v. Ohio, 1968
Police may stop & frisk suspect, even if no PC to arrest, if: Circumstances make officer fearful
Suspect is engaged in unusual conduct, believed to be criminal activity and believe may be armed and dangerous.
Officer identifies self and makes inquiries as to suspect's conduct.
Suspect’s response to the stop and questions do not relieve suspicions.
Officer may frisk. Limited to pat down and cannot remove non weapons.
149
Search incident to lawful arrest exception
When making lawful arrest, may make a warrantless full search of the persons involved, and the areas under their immediate control within reach or where can lunge to. Search must come at the same time as the arrest
150
United States v. Ortiz, 1975
. Searches of persons and the goods they bring with them are permissible under customs and immigration laws at border crossings
151
Exigent circumstances exception
Do not have to get a warrant because there is no time to do so when criminal might escape, evidence in danger of destruction, public safety is threatened, officer safety threatened
152
Katz v. United States, 1967
Police bugged a public telephone booth without a warrant. A suspect used that phone, and police used the information gathered by the wire tap to convict. Court said legal.
153
search limited
to scope of consent
154
Open fields
government can search without “probable cause” where no expectation of privacy, like in a park public place. Aircraft fly over residence & see evidence – not protected Curtilage is protected
155
Plain view
if there is a 4th amendment protected area see contraband and takie it
156
subterfuge
Discovery inadvertent & cannot use subterfuge (fire inspection when intent is to look & seize).
157
5th Amendment
Before accused felon (1 year or more in prison) can be taken to trial, one must be indicted by a grand jury, (except when in the military).
158
Miranda v. Arizona, 1966
In 1963, for 2 hours 2 officers interrogated suspect Miranda in a police station about a rape. Statements used to convict.
159
Eminent domain
Private property cannot be taken for public use without just compensation.
160
6th Amendment
Right to speedy/public trial.
By an impartial jury of the State and district where the crime was committed.
Must be informed of the nature and cause of the accusation.
161
Escobedo v. Illinois, 1964
Court condemned police practice of preventing a suspect from consulting attorney until after interrogation.
162
Gideon v. Wainwright, 1963
Court mandated providing an attorney to those unable to pay for one.
163
7th Amendment
“In suits at common law, where the value in controversy shall exceed $20, the right of trial by jury shall be preserved.”
164
Decision of the jury
must be by unanimous verdict.
165
The Supreme Court ruled that federal district court civil juries
composed of six persons were permissible under the Seventh Amendment and congressional enactments.
166
The Amendment governs only courts which sit under the authority of the United States,
including courts in the territories and the District of Columbia, and does not apply generally to state courts.
167
8th Amendment
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel & unusual punishment inflicted.”
168
The function of bail, the Court explained
is limited neither to preventing flight of the defendant prior to trial nor to safeguarding a court’s role in adjudicating guilt or innocence
169
Excessive fines
The Court’s decisions have been about protecting indigent, who if cannot pay a fine would be sent to jail.
170
Furman V. Georgia
Required consistency in application of death penalty. Invalidated death penalty for rape
171
9th Amendment
The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.”
172
10th amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
173
Famous Ableman v. Booth 1859 Supreme Court case opinion
State courts cannot contradict federal courts or rule federal law unconstitutional
