POLS Exam 2
Terms in this set (40)
a. are not particularly important in the United States.
b. limit government actions against individuals.
c. allow the government the freedom or liberty to do what is necessary to run the country.
d. are a threat to libertarians.
e. none of the above.
As originally presented in the Constitution, the Bill of Rights
a. limited only the power of the national government, not that of the states.
b. protected citizens from all forms of government.
c. protected citizens from the national and state governments, but not from local governments.
d. limited only the power of state governments.
e. contained no language on religion.
The Fourteenth Amendment has been used to
a. establish the supremacy doctrine.
b. codify the right to privacy.
c. apply the Bill of Rights to the state and local governments.
d. protect individuals' freedom of religion.
e. abolish slavery.
The free exercise clause
a. limits the national government from prohibiting people from practicing their religions.
b. is part of the First Amendment.
c. allows the national government to exercise control over free speech.
d. helps state governments to provide charter schools.
e. both a and b.
The term "separation of church and state"
a. is written in the First Amendment.
b. was developed by Thomas Jefferson and refers to the establishment clause.
c. requires government and schools to be built on separate sites.
d. prohibits states from taking actions against people practicing their religion.
e. all the above.
In Engel v. Vitale (1962), the Supreme Court threw out the Regents' Prayer used in New York public schools because
a. it failed to follow established guidelines for school prayers.
b. it referred specifically to Jesus and many of the children were Jewish or adherents of other non-Christian religions.
c. it did not refer to God
d. it is no part of the business of government to compose official prayers.
e. both a and b.
The free exercise clause allows
a. one to believe whatever he/she may want.
b. one to do whatever he/she wants in regard to religion.
c. parents to not get vaccinations for their children.
d. allows parents to exempt their children from reading textbooks required at school.
e. all the above.
The New York Times v. United States case
a. affirmed the no prior restraint doctrine.
b. upheld the government's right to let the public have information about Vietnam.
c. punished the New York Times for publishing secret documents.
d. affirmed the free speech of students in public schools.
e. both a and c.
Symbolic speech is
a. a law that is worded in a vague manner.
b. an area of expression that is not protected by the First Amendment.
c. the nonverbal expression of beliefs.
d. usually an expression of obscenity.
e. not a protection for flag burning.
According to the clear and present danger test, expression could be restricted if
a. it does not deal with a political question.
b. it is found to be offensive to religious organizations.
c. and only if the United States is at war.
d. the speaker is not a citizen of the United States.
e. evidence exists that such expression would cause a condition that would endanger the public.
To be considered obscene, a work
a. must be offensive to a specific religious group.
b. must lack serious redeeming literary, artistic, political, or scientific merit.
c. must be determined to be commercial speech.
d. must employ graphics, as opposed to mere text.
e. must portray actual sexual intercourse.
a. an attempt to do bodily harm.
b. a false statement that harms the good reputation of another.
c. printed material that cannot be proven true.
d. a law that prohibits the public from making negative statements about elected officials.
e. a criminal offence.
In the area of freedom of speech,
a. high schools can impose restrictions on speech that are not allowed in colleges.
b. high school officials may censor school publications.
c. some universities have prohibited "hate speech."
d. campus speech restrictions have usually be ruled unconstitutional.
e. all the above.
a. the amount of insurance one must have on a motor vehicle.
b. defamation in writing.
c. printed material that cannot be proved true.
d. a form of civil rights for indigents.
e. another word for slander.
Gag orders have been used to
a. prohibit one criminal from testifying against another.
b. restrict the publication of pre-trial news.
c. restrict what a juror may say to the press after the trial.
d. restrict what evidence must be shown to defense lawyers.
e. both c and d.
The Court has based the right to privacy on
a. the First Amendment.
b. the Third and Fourth Amendments.
c. the Fifth Amendment.
d. the Ninth Amendment.
e. all of the above.
With regard to physician-assisted suicide, the Supreme Court has said that
a. the Constitution does not include a right to commit suicide.
b. states have a right to protect the families of those who choose physician-assisted suicide.
c. doctors must comply if a terminal patient asks for physician-assisted suicide.
d. family members can be arrested for assisting in physician-assisted suicide.
The Miranda rule
a. has lost its significance.
b. forbids the admission of illegally seized material evidence at trial.
c. cannot be used to prevent confessions from being introduced as evidence.
d. requires that suspects be read their rights before questioning.
e. all of the above.
Cruel and unusual punishment is prohibited by
a. the separation of powers.
b. judicial review.
c. the Fifth Amendment.
d. the Eighth Amendment.
e. the Tenth Amendment.
a. include women's rights.
b. resulted in legislation that secured basic rights for all Americans.
c. have not always been accorded to certain groups such as Native Americans, African Americans, women, and older Americans.
d. are concerned with protecting groups from discrimination.
e. all the above.
The Thirteenth Amendment to the Constitution
a. abolished slavery.
b. forced states to alter their constitutions to end slavery by making the children of slave free while allowing slavery for existing slaves.
c. mandated that all persons "will be treated as total equals form this date forward."
d. allowed slavery to continue for twenty years at which time it would be ended.
e. allowed slavery but banned the importation of slaves immediately.
In 1896, the United States Supreme Court case of Plessy v. Ferguson
a. ruled that African Americans are not persons for the purposes of the Constitution.
b. tried to stop the development of legal racial segregation known as Jim Crow laws.
c. stated that schools may not practice any type of racial segregation.
d. agreed that separation of races is not a violation of the Constitution.
e. ruled that the practice of slavery must cease before the end of the century.
The white primary in southern states allowed
a. all races to participate in elections on an equal basis.
b. whites to exclude African Americans from voting in Democratic primaries.
c. voters to select ballots for each party based on different skin colors.
d. African Americans the opportunity to vote for the first time.
e. whites to exclude African Americans from voting in the general elections.
The tests commonly administered as a precondition for voting were called
a. poll tests.
b. constitutional exams.
c. literacy tests.
d. primary tests.
e. registration tests.
A poll tax was used to
a. prevent northern immigrants from moving to the South and voting in local elections.
b. determine who was intelligent enough to vote.
c. dissuade African Americans from voting.
d. force individuals to buy property in order to be eligible to vote.
e. raise funds for voter registration among the minority community.
In the case of Brown v. Board of Education of Topeka (1954), the U.S. Supreme Court held that
a. ethnic minorities have no rights to equal treatment by the government.
b. public school segregation of races violates the equal protection clause of the Fourteenth Amendment.
c. the national government does not have the power to force any type of action on local school boards.
d. separation of races for a reason such as education is not a violation of the Constitution.
e. African Americans could not be denied the right to a college education.
De facto segregation means
a. segregation because of residential patterns and concentration of populations, not because of laws.
b. segregation based on different native languages.
c. racial segregation based on law.
d. segregation of southern European immigrants.
e. segregation to a minor degree.
In an attempt to achieve integration,
a. students were sent to the school that was near to where they lived.
b. busing students across neighborhoods was ordered by the courts.
c. methods were taken that made all southern schools integrated.
d. busing was peacefully accomplished in many big cities.
e. all the above
The use of ____ was instrumental in bringing about the integration of lunch counters, buses, and trains.
b. roadblocks at night in rural areas
c. court injunctions that prohibited interstate travel in areas threatened by violence
d. the threat of armed force
e. public demonstrations featuring violence against whites
A major consequence of the Voting Rights Act of 1965 was
a. the elimination of discriminatory voter registration tests.
b. state governments passing laws that allowed considerable discrimination toward ethnic minorities.
c. dozens of federal court decisions stating that it was not within the power of Congress to dictate to the states how they should conduct their elections.
d. that the number of African Americans registered to vote declined dramatically.
e. a constitutional amendment changing the voting age.
Which of the following is (are) true?
a. The struggle for women's rights first began in the 1970s.
b. Women's rights were included in the Constitution.
c. Women have had to struggle for equality just like other groups in the U.S.
d. The first political right that women fought for was for the right to make a decision about abortion.
e. Both b and c
A practice, policy, or procedure that denies equality of treatment to an individual or to a group because of gender
a. is sexual harassment.
b. is gender discrimination.
c. violates Title IV.
d. violates the Civil Rights Act of 1968.
e. is considered illegal if engaged in by a private corporation but acceptable if engaged in by the government.
On the issue of sexual harassment, the Supreme Court has ruled that
a. employers are not responsible for harassment undertaken by their employees.
b. individuals cannot be sexually harassed by members of their own gender.
c. it is considered sexual harassment when words or actions of a sexual nature interfere with the employee's work or create a "hostile environment."
d. it is not illegal to condition promotions on sexual favors.
e. laws against sexual harassment violate the First Amendment's protection of free speech.
The policy in admissions or hiring that gives special consideration to traditionally disadvantaged groups to overcome the present effects of past discrimination is known as
a. affirmative action.
b. legislative mandate.
c. civil liberties.
d. civil rights.
e. the Lincoln dilemma.
The charge that some affirmative action programs discriminate against non-minorities is called
a. racial profiling.
b. reverse discrimination.
d. anti-bias civil rights.
e. adverse minority preference.
The Supreme Court ruled in the Bakke case that
a. affirmative action programs were allowable in law schools but not to be utilized in medical schools.
b. race cannot be the sole factor in admissions decisions.
c. all affirmative action programs were ruled unconstitutional.
d. race cannot be considered as a factor at all in making admissions decisions.
e. quota systems are constitutional.
The Supreme Court's opinion in Adarand Constructors, Inc. v. Peña means that an affirmative action program must do all of the following except
a. continue for a period of at least ten years.
b. not use quotas.
c. be changed or dropped once the program has succeeded.
d. meet strict scrutiny.
e. be tailored to meet a compelling government interest.
In 2003, the United States Supreme Court considered two different admissions polices adopted at the University of Michigan and
a. for the first time, ruled that an affirmative action was unconstitutional.
b. ruled that "diversity" could not be a compelling government interest.
c. approved affirmative action plans that took race into consideration as part of a complete examination of the applicant's background.
d. approved a plan that automatically awarded points toward admission to minority applicants.
e. ruled that the time had come for all affirmative action programs to end, since government could do nothing more to alleviate the effects of past discrimination.
The Americans with Disabilities Act
a. does not apply to blindness.
b. does not apply to AIDS.
c. does not apply to alcoholism.
d. does not apply to cancer.
e. does not apply to carpal tunnel syndrome.
In the 2003 decision of Lawrence v. Texas, the United States Supreme Court
a. upheld a Texas law that made homosexual conduct a crime.
b. declared laws against sodomy between consenting adults in private to be unconstitutional.
c. invalidated anti-discrimination laws that protect homosexuals.
d. upheld the Court's previous decision in Bowers v. Hardwick.
e. indicated that states could declare homosexuality a crime.
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