LAW 203 Final

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48 Terms

1
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 The holding in Gonzlez v, Raich is more in accordance with US v. Lopez, than it is with Wickard v. Filburn.

False

2
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The case Wickard v. Filburn is about growing marijuana for private medicinal use.

False

3
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In part the Constitution mandates that the US Congress regulate commerce between the US and “the Indian tribes.”

True

4
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The Bill of Rights was adopted after the Civil War 

False

5
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The Bill of Rights embraces both Social Compact and Natural Right theories.

True

6
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The application of the Bill of Rights to state and local governments is known as incorporation.

True

7
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Critics of affirmative action policies have contended that civil rights laws cannot remedy the effects of past discrimination and that such policies lead to reverse discrimination.

True

8
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 The value of equality is in the US Declaration of Independence but not mentioned in the original U.S. Constitution.

True

9
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 Affirmative action programs were structured on quotas before the decision in Bakke.

True

10
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Due Process clauses are found in both the 5th and 15th Amendments to the U.S. Constitution.

False

11
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The 1965 Voting Rights Act established a number of prohibitions and procedures designed to end racial discrimination in voting. 

True

12
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The Supreme Court has held that provisions and protections provided by the Fourteenth Amendment apply only to citizens of the country and do not extend to those who are illegally present in the United States.

False

13
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Gibbons v. Ogden involved a _____.

Steamboat

14
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In Gibbons v. Ogden Marshall defined commerce as _____.

Intercourse

15
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Which of the following is true of the case of Filburn v. Wickard? 

Farmer Filburn grew wheat for himself and family

16
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In Heart of Atlanta Motel the court held that 

The Civil Rights Act was Constitutional

17
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The case of Gonzalez v. Raich shows that: 

Congress could regulate homegrown marijuana

18
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Which of the following is a function of the Commerce Clause 

Both a). and b).

19
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In Gibbons v. Ogden the Supreme Court held that:

A state could not regulate commerce between itself and another state

20
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Lopez v. United States (1995) was noteworthy because it marked the first time since 1936 that the Supreme Court had invalidated an act of Congress as a violation of _____.

 the commerce clause

21
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 The Bill of Rights is most accurately described as a declaration of the rights that the American people have against:

the federal government

22
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 According to the ruling in Barron v. City of Baltimore: 

 The Bill of Rights is applicable to the Federal government only

23
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 Total incorporation of the Bill of Rights was accomplished:

None of the above

24
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 Selective incorporation is: 

the concept used to apply certain amendments to state government. 

25
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 Which amendment of the Bill of Rights was incorporated to the states by the decision in Gitlow v. New York.

1st Amendment.

26
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To date, the following Amendments are NOT applicable to the States (meaning not incorporated). 

Both 3rd and 7th Amendment

27
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Selective incorporation of the Bill of Rights began with the case of: 

 Gitlow v. New York.

28
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 The Fourteenth Amendment:  

guarantees equal protection of the laws.

29
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The case of Dred Scott v. Sandford held that:

freed slaves did not have the right to remain free in territory where slavery was illegal

30
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The Thirteenth Amendment:

overturned the Dred Scott decision and prohibits slavery.

31
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In Korematsu v. U.S., Fred Korematsu alleged violation of the 5th Amendment because?

 it was the federal government that denied him due process

32
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The landmark case on the issue of reverse discrimination is:

Bakke v. Regents of the University of California

33
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Military orders based on Presidential Executive Order 9066:

applied only to individuals of Japanese ancestry living in the designated areas on the west coast. 

34
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Which of the following was not valued pre-civil war America?

Equality

35
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Which of the following is TRUE of Korematsu v. US?

All of the above

36
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Which of the following is a problem facing voters today 

All of the above

37
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In Gibbons v. Ogden, the US Supreme Court ruled that a license issued by New York state that unauthorized steam travel across the Hudson River was

Unconstitional

38
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According to the U.S. Supreme Court all forms of business across state line is ____.

Commerce

39
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According to the facts in Heart of Atlanta Motel, the motel had a policy of NOT renting rooms to _____.

People of color

40
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Through the process of ____________ most of the Bill of Rights is applicable to state and local governments.

Selective incorperation

41
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In addition to the 7th Amendment, the _________ Amendment is not applicable to state and local governments

3rd

42
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The application of the Bill of Rights to the state and local governments using that 14th Amendment into the 5th Amendment is called ______________. 

Reverse incorporation

43
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                           programs are sometimes referred to as ethnic-preference or gender-preference programs.

Affirmative

44
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 In              the U.S. Supreme Court held that a female slave, being property, could not be raped by her slave master as she alleged,

Celia v Missouri

45
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In the U.S. if a government is governing partially, then it is engaged in  __________  which may be legal if it serves a legitimate, compelling interest.

discrimination

46
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          is an attitude, most often negative, towards things or other people.

prejudice

47
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The Twenty-Fourth Amendment prohibits poll ___ which had been employed in some jurisdictions as a means of preventing blacks from voting’

taxes

48
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The _______ guarantees voting rights to all regardless of race or previous condition of servitude.

Fifteenth Amendment (1869)