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GOV Semester Exam Review
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Terms in this set (44)
What principle did the Supreme Court establish in Marbury v Madison?
judicial review
True or False: The miranda warning represents an attempt to protect criminal suspects against illegal wiretapping.
False
As part of the checks and balances system, congress has the power to...
confirm federal judges
What does the 25th amendment say?
it establishes the order of succession
What does the 26th amendment say?
lowers the voting age to 28
In Brown v Board the Supreme Court based its decision on what provision of the 14the amendment?
Equal Protection Clause
If a judge believes that he or she should defer to the decisions made by elected officials whenever possible, the judge likely believes in what?
judicial restraint
What was the precedent set by Wisconsin v Yoder?
religious exemption from states compulsory education laws
Would libel, obscenity, or the right to burn a flag be protected under the first amendment?
the right to burn a flag
after hours of interrogation by police, a suspect confesses to multiple offenses, his attorney rejected the charges because he was not allowed his right to have a lawyer present and self incrimination rights, which amendments are relevant?
fifth and sixth amendments
what is the fifth amendment?
rights of the accused, due process, self incrimination, double jeopardy
what is the sixth amendment?
right to speedy and public trial, right to a lawyer
Jim Crow laws were absolved as a result of which piece of legislation?
Civil Rights Act of 1964
In Roe v. Wade the supreme court ruled in its majority that a right to abortion was based on what?
the right to privacy from the 14th amendment
This Supreme Court case extended the right to marry to same-sex couples in all 50 states...
Obergefell v. Hodges
Interest groups are protected under the constitution by...
the first amendment
Which of the following scenarios would be protected under the free exercise clause of the first amendment?
-a student wears a t shirt portraying an illegal substance at public school
-a person legally purchases a firearm for self-defense
-a person bears a necklace with a christian cross to work
a person wearing a cross necklace to work
civil rights activists often find the most effective way to secure those rights is through....
litigation in the courts
historically the most frequent method for amending the constitution has been...
2/3 vote in congress followed by a ratification in 3/4 of the state legislatures
A letter from a Birmingham jail marked what shift in attitudes towards civil disobedience?
in the face of immoral laws, civil disobedience is perfectly justified
Which term refers to the court basing its decision or opinion on previous rulings?
stare decisis
What was the impact of McCulloch v Maryland?
expanded federal power, supremacy of national government over states
What was the impact of US v Lopez?
limited federal power, increased state power, federal government cannot use commerce clause to regulate state gun usage
The doctrine of prior restraint says that the government cannot prevent speech or publication...
before it is published
Which of the following would most likely be a violation of title IX?
-legal prohibition of hiring women
-college that spends more money on sports programs for men than women
-employer that consistently pays men more than women
spending more money on sports programs for men than women
with respect to prayer in public schools, the US supreme Court has ruled...
state sponsored prayer violates the establishment clause of the first amendment
Which of the following accommodations would an employer most likely need to implement in order to be in compliance with the Americans with Disabilities Act?
-hiring a disabled person over an abled person
-better medical insurance for employees with disabilities
-installing a ramp for someone with a wheelchair
wheelchair ramp
The tenth amendment offers the most explicit endorsement of federalism because.....
it states that all powers not given to the national government rest with the states and the people
Which of the following has not protected the legal rights of women?
-the education amendments act of 1972
-the civil rights act of 1964
-the equal rights amendment
the equal rights amendment, never ratified
The Washington Post receives a top secret report on how the federal government mishandled an interaction with foreign nation. The executive branch attempts to stop the publishing of the report, but the publishers cite the precedent in NYT v. US, which established what legal rule?
prior restraint
Which of the following rulings is most likely to cite the decision in Tinker v Des Moines?
-a rule enforcing mandatory vaccination for all children
-ruling that makes gun free zones in schools
-ruling that supports children to express their opinions in school newspaper
ruling that allows children to express opinions in newspaper
The supreme court ruled in McDonald v. Chicago that a citizen's right to keep and bear arms at home for self defense is protected by state and federal infringement. Which of the following is most relevant?
the incorporation doctrine, selective incorporation
According to the clear and present danger test, speech may be restricted whenever...
it incites violence
The doctrine of separate but equal had previously been upheld by what supreme court decision?
plessy v ferguson
What supreme court case established that those who cannot afford legal counsel are entitled to it by the states?
Gideon v Wainwright
Which amendment to the constitution most likely provides the basis for a driver to challenge the constitutionality of police using sobriety checkpoints and enforcing drunk driving laws?
the fourth amendment, unreasonable searches and seizures
The constitution differs from the declaration of independence in that it does not focus on the individual rights of the governed but rather on...
the structure and function of government
Which of the following applications of affirmative action would the US Supreme court likely consider unconstitutional
-company actively recruits women and minorities
-state university refuses acceptance of any applicants of a specific race
declining applicants of a specific race
What is the fourth amendment?
search and seizure
what is the seventh amendment?
Rights in civil cases, trial by jury
what is the eighth amendment?
No cruel or unusual punishment
what is the thirteenth amendment?
abolished slavery
what is the fourteenth amendment?
Stated that every MALE in the U.S, white or black, was a citizen.
what is the fifteenth amendment?
gave African American men the right to vote
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