Government flashcards 1

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those for whom the Constitution represented a too-powerful central government

anti-federalists

This section of the Constitution states why it was written.

Preamble

Which was an achievement of the Second Continental Congress?

raising an American army

called for representation in Congress by population or by the amount of money given to the central government

Virginia plan

The plan which created the three branches of government and also the bicameral legislature gave more power to states with high populations. Name the plan.

Virginia Plan

To protect liberty and specify its powers, the Framers gave Congress

expressed powers

There are two ways to propose an amendment, one is by receiving two-thirds votes from Congress, the second is by a

national convention

The legislative branch is the only branch that is

voted into office directly by the people

The first 10 amendments are called the

Bill of Rights

What were the two sides in the fight for ratification?

Federalists and Anti-Federalists

Who gives the authority to colonize in a charter colony?

the king

System in which elected officials act in the interest of the people

representative government

From the formation of the New England Confederation to that of the Second Continental Congress, the colonists became progressively

both a and b (better organized and more defiant)

How are informal changes made to the Constitution?

Changes are not allowed to be informal and can only go through the congress.

What was the purpose of the First Continental Congress?

to discuss the taxing situation with England and repeal taxation laws

What was the purpose of the Bill of Rights?

NOT! to ensure that freedom would be equal for all people

States cannot deny the basic provisions of the Bill of Rights to their citizens because of the ____ of the 14th Amendment.

Due Process clause

The Due Process Clause guarantees that

States will not deny people any basic or essential liberties.

the first ten amendments to the Constitution

Bill of rights

Individual rights were included in the Constitution because

the people demanded a listing of rights.

The specific rights that are covered under the 14th Amendment's Due Process Clause

have been spelled out case-by-case by the Supreme Court.

Protections against arbitrary acts of the government are technically known as

civil liberties

All of the following stand as proof of the American commitment to freedom

Article II of the Constitution.

The 10 amendments known as the Bill of Rights were originally intended as restrictions against

the new National Government.

foreign-born, noncitizen

alien

According to the "Lemon test", public tax dollars could be used to purchase bibles as long as they were used for literary purposes.

False

Under the Establishment Clause, the government still has the power to do all of the following EXCEPT

establish an acceptable voluntary prayer for use in public schools.

The establishment clause has been interpreted differently depending upon time, place and location (just to give some examples).

True

A democracy must allow freedom of expression, otherwise

democracy does not really exist.

Private schools that are church-related are known as ____ schools.

parochial

protects the right to hold one's own religious beliefs

free exercise clause

The U.S. Supreme Court has put limitations on the free exercise of religion in the United States.

True

The Supreme Court has held that the key factor in determining whether or not released time programs are constitutional is

NOT! when the programs are held.

What is an example of limits placed upon the Free Exercise Clause?

cannot use poisonous snakes in ceremonies

Government has encouraged religion in the United States in all of the following ways EXCEPT

by allowing the establishment of a national religion.

What does seditious speech target?

talk of overthrowing the government

Which of the following statements about prior restraint is TRUE?

The Supreme Court has only rarely upheld prior restraints.

Reporters use which of the following to argue against being forced to testify in court or to reveal their sources?

the 1st Amendment guarantee of the free exchange of ideas

What is the limitation placed upon journalists when printing a story?

NOT! shield law

Government action seeking to curb ideas before they are expressed is called ____

prior restraint

In deciding cases involving laws against sedition, the Supreme Court has

developed the "clear and present danger" rule.

expression by conduct such as carrying a sign or wearing an armband

symbolic speech

Seditious speech is speech that urges others to

overthrow the government.

The opinions of the majority need little or no constitutional protection because

they are popular.

The government can limit free speech or free press if the communication

threatens to overthrow the government.

Holocaust survivors in Skokie illustrated a free speech and assembly problem called the

heckler's veto.

Unless there is a labor dispute, the Court has upheld laws that prohibit

NOT!
assembly on public property.

In most picketing cases all of the following are true EXCEPT

the picketers have absolute speech/expression rights

The 1937 Supreme Court ruling in DeJonge v. Oregon established two legal principles involving which two amendments?

First and Fourteenth

The unusually large sum of money that the city of Skokie, Illinois demanded that the Nazi's post

was struck down by the court

Without this freedom there would be no political parties and no interest groups to influence the action of government

freedom of assembly

Labor unions have the right to

picket

In order to conduct a parade, that uses public property, this usually has to first be obtained

a permit

The Nazi demonstration in Skokie, Illinois was particularly explosive because many residents were survivors of this

the Holocaust

Which of the following is not a public assembly that has limits placed upon the event

private property displays

The right to privacy inherent in the concept of due process has been applied with the most controversy recently in cases involving

abortion

What is the jurisdiction of police power

NOT! race profiling

The most important difference between procedural and substantive due process is that

procedural due process deals with governmental methods and how they are used, whereas substantive due process deals with the fairness of laws

According to the interpretation given by the Supreme Court, "due process" not only refers to the procedural rights associated primarily with criminal cases, but also includes "substantive" rights relating to _______

personal liberty

Laws that are passed restricting abortion, in any manner, would fall under the category of substantive due process

True

Since the early 1970s case of Roe v. Wade the U.S. Supreme Court has allowed states to place reasonable limits on abortion

True

What case allowed states to place reasonable restraints on abortion, ie parental signature

NOT! Roe v Wade

The entire concept of privacy came about because of a strict interpretation of the U.S. Constitution.

False

What is needed by police to enter a private residence in order to collect evidence

search warrant

The main reason that there is no exact definition of the due process guarantees is that the

Supreme Court only defines the guarantees on a case-by-case basis

All of the following amendments helped to define "privacy" in the U.S. Constitution EXCEPT

7th

Police power, in law, is the right of _______ to make laws necessary for the health, morals, and welfare of the populace

a government

The due process clauses in the U.S. Constitution are contained in the 5th amendment and this other amendment

14th

The Supreme Court ruled that a State must recognize a woman's right to have an abortion in the first trimester of pregnancy. It then went on to rule that a State may prohibit abortions in public hospitals or clinics if the mother's life or health is not at risk. Explain whether these rulings are consistent.

Some may believe the rulings are consistent because the second point places limits only on where the woman may obtain an abortion in certain cases. It does not overrule her right to have an abortion. Others may believe the rulings are inconsistent because the first defends the rights of women to have abortions during the first trimester of pregnancy, while the second puts limits on that right by allowing public hospitals and clinics to deny that right, except in certain cases.

Originally the first ten amendments to the U.S. Constitution, the bill of rights, was a guarantee to this level of government only.

national

Even though the word privacy is not used in the U.S. Constitution or its amendments, all of the following amendments are associated with privacy, according to the Supreme Court EXCEPT

seventh

The ability of the government to pass laws for the protection of society is called

police power

Explain the balance between police power and individual rights

Police power allows States to provide help and protection for the public in reasonable and fair ways when that help and protection is vital to society as a whole. Individuals' rights are not violated as long as they are not endangering the health and welfare of people, including themselves.

If a person were caught committing a crime, the police would need to secure a search warrant before they could conduct a search.

False

A police officer has arrested a suspect and produced evidence of wrongdoing. List three questions you would ask the officer to determine whether the freedom and security of the suspect have been violated.

Possible questions: Did you have a warrant to arrest this person and to seize this evidence? Was the arrest based on probable cause? What were the circumstances of the arrest? How did you obtain the evidence? Did you inform the accused of his or her rights?

The central issue in the conflict between the police power and individual rights is whether

individual rights under the 14th Amendment are violated when a State exercises its police power.

According to the interpretation given by the Supreme Court, "due process" not only refers to the procedural rights associated primarily with criminal cases, but also includes "substantive" rights relating to _______.

personal liberty.

What is the main purpose of police?

NOT! to protect public property

The word privacy is actually used in three of the first ten amendments

False

The guarantees of due process place the burden for meeting these guarantees on

both lawmakers and those who execute the laws.

What clause is included in the 14th Amendment

Equal Protection clause

The exclusionary rule was established to make sure law enforcement "plays by the rules" and does not violent individual rights

T

The quartering of soldiers in private individuals homes during colonial times occurred often.

T

The idea that the 13th Amendment applies to the actions of government and of private individuals

was not thought to be the case until more than 100 years after the amendment was ratified.

The right to keep and bear arms has been incorporated and applies to the states, as a result of the due process clause of the 14th amendment

F

This amendment abolished slavery and involuntary servitude.

13th

Which of the following statements about the 4th Amendment is TRUE?

It forbids unreasonable searches and seizures.

Writs of assistance may be issued if probable cause exists

F

If there is a reasonable belief by a police officer that a crime has been committed or will be committed, that officer has probable cause.

T

There are different rules involving search warrants when dealing with a home search versus an automobile search.

T

What was the aim of the 2nd Amendment?

NOT!
to further the excellence in military soldiers

MAYBE
to allow guns to be manufactured and sold within the US

Mapp v. Ohio tried to incorporate the 4th amendments protection against the state but was unsuccessful.

F

Some exceptions to the exclusionary rule have been allowed when minor technical errors in the gathering of evidence occurred, this is known as

good-faith exceptions

The ____ says that evidence gained as a result of an illegal act by police cannot be used against the person from whom it was seized.

Exclusionary rule

In most cases a search warrant is necessary when conducting a drug test on an individual by law enforcement personnel.

F

What is involuntary servitude?

forced labor

The 4th Amendment is particularly aimed at

preventing the police from abusing their power.

Which of the following is TRUE about the 2nd Amendment?

The amendment's original aim was to preserve the idea of the citizen-soldier.

When arresting a person, police must

NOT! always have a warrant in order to search for a weapon.
MAYBE..
have probable cause to believe the person is involved in criminal activity.

The main purpose of the exclusionary rule is to

deter police misconduct.

None of the following involve double jeopardy EXCEPT

trying a person for the same crime when a jury has already declared that person innocent.

A(n) ____ is a formal complaint that the prosecutor lays before a grand jury.

indictment

During a Grand Jury Indictment, only _________________ presents evidence.

the prosecution

In drafting the Bill of Rights, Madison felt so strongly about a person's right to _____________, that he included it in both the 6th and 7th Amendments.

a jury trial

At what level is a grand jury a guaranteed right?

federal level

The prohibition of ____ prevents a person from being tried twice for the same crime.Please select the word from the list that best fits the definition

double jeopardy

Miranda rights include all of the following EXCEPT

the right to a phone call

A grand jury

decides the guilt or innocence of those accused of crimes.

Because the workings of the criminal justice system are very important to democracy, the right to a speedy and public trial refers not just to those accused of crimes, but also to the _______.

public

The long series of Court rulings on the rights of the accused have established that

all of the above.

Where is cruel and unusual found in the Constitution?

8th Amendment

The only crime that is specifically defined in the Constitution is

treason.

Federal judges can invoke __________________, which states that accused felons, considered likely to commit a serious crime while awaiting trial for another crime, can be held without bail.

the law of Preventive Detention

One assumption underlying the establishment of the death penalty as the maximum penalty for treason against the United States is that

the crime of treason can jeopardize the nation's very existence.

According to the Supreme Court, capital punishment

NOT! can be a mandatory penalty for certain crimes.

What is capital punishment?

death is the punishment for crimes committed

Which of the following has not been a possible way of executing prisoners in the United States?

guillotine

Preventative detention is best described as

a law which allows federal judges to order that an accused felon be held without bail if it is believed that they may commit another serious crime.

The issue that tips the scales away from bail toward preventive detention is whether

the defendant is likely to commit a crime before trial.

There have been occasional cases about what constitutes excessive bail or fines, but there is no "bright line" test on this subject. Instead, the high court has indicated that this is a matter of judgment best left to the _______, and if a defendant felt aggrieved, he or

NOT! trial courts

What is the Free Exercise Clause?

every person has the right to believe in any religion they want

The ____ sets up the separation between church and state.

Establishment Clause

Current polls indicate that two of every three Americans support ____ for those convicted of murder.

Capital punishment

In order to obtain a warrant, police must have ____.

probable cause

false and malicious use of the printed word

libel

Chief Justice Fred M. Vinson's writings in Feiner v. New York conclude that freedom of speech must be protected at all costs, including a breach of the peace.

F

What is the belief about rights under a limited government?

rights are relative not absolute

Neither Congress nor the States can pass a(n) ____ that inflicts punishment without a court trial.

bill of attainder

Why is voting considered to be a major responsibility of a U.S. citizen?

Participation is the basis of democratic government.

key step in naturalization process

hearing

This "law of blood" grants citizenship to children born to a United States citizen.

jus sanguinis

Giving up one's citizenship and living in another country is called

expatriation.

The process that grants immigrants the rights and privileges of citizenship is called

naturalization.

The loss of citizenship through fraud or deception during the naturalization process is called

denaturalization.

The Declaration of Independence implies that citizens have the responsibility to be informed, vote, respect the rights and property of others, and respect differing ideas from their own.

T

the ultimate source of power in the United States

the people

What language requirements are needed in order to become a citizen?

read and write English

This is a responsibilty of every United States citizen.

to cast a ballot

What legal definition was provided by the court case of Plessy v Ferguson?

separate but equal

separation of people from the larger group

segregation

overruled the "separate but equal" doctrine

Brown v. Board of Education

Based on the three tests used by the Supreme Court to determine whether or not the right of equal protection is being violated, the following scenario violates which test? One state decides to limit the availability of public education to individuals who do not pay property taxes.

Fundamental Rights

In the last half-century, the constitutional command requiring equal protection of the laws for all people has been critical in the great social movements that have secured _______ rights for many in the United States

equal legal

How can one receive fundamental rights?

born a citizen

This person was a great civil rights leader.

Dr. Martin Luther King, Jr.

form of protest used in the civil rights movement

sit-ins

The separation of one group of people from the larger group is called

segregation.

unequal treatment among ethnic groups

racial discrimination

A school board refusing to hire a 38-year-old, white male as principal of one of the elementary schools in the district would be an example of which of the following?

reverse discrimination

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