POLS 155 EXAM 2

blue law

a law originally created to uphold a religious or moral standard, such as a prohibition against selling alcohol on Sundays

civil liberties

limitations on the power of government, designed to ensure personal freedoms

civil rights

guarantees of equal treatment by government authorities

common-law right

a right of the people rooted in legal tradition and past court rulings, rather than the Constitution

conscientious objector

a person who claims the right to refuse to perform military service on the grounds of freedom of thought, conscience, or religion

double jeopardy

a prosecution pursued twice at the same level of government for the same criminal action

due process clause

provisions of the Fifth and Fourteenth Amendments that limit government power to deny people “life, liberty, or property” on an unfair basis

economic liberty

the right of individuals to obtain, use, and trade things of value for their own benefit

eminent domain

the power of government to take or use property for a public purpose after compensating its owner; also known as the takings clause of the Fifth Amendment

establishment clause

the provision of the First Amendment that prohibits the government from endorsing a state-sponsored religion; interpreted as preventing government from favoring some religious beliefs over others or religion over non-religion

exclusionary rule

a requirement, from Supreme Court case Mapp v. Ohio, that evidence obtained as a result of an illegal search or seizure cannot be used to try someone for a crime

free exercise clause

the provision of the First Amendment that prohibits the government from regulating religious beliefs and practices

Miranda warning

a statement by law enforcement officers informing a person arrested, or subject to interrogation, of that person's rights

obscenity

acts or statements that are extremely offensive by contemporary standards

Patriot Act

a law passed by Congress in the wake of the 9/11 attacks that broadened federal powers to monitor electronic communications; the full name is the USA PATRIOT Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act)

plea bargain

an agreement between the defendant and the prosecutor in which the defendant pleads guilty to the charge(s) in question or perhaps to less serious charges, in exchange for more lenient punishment than if convicted after a full trial

prior restraint

a government action that stops someone from doing something before they are able to do it (e.g., forbidding people to publish a book they plan to release)

probable cause

legal standard for determining whether a search or seizure is constitutional or a crime has been committed; a lower threshold than the standard of proof needed at a criminal trial

right to privacy

the right to be free of government intrusion

search warrant

a legal document, signed by a judge, allowing police to search and/or seize persons or property

selective incorporation

the gradual process of making some guarantees of the Bill of Rights (so far) apply to state governments and the national government

self-incrimination

an action or statement that admits guilt or responsibility for a crime

Sherbert test

a standard for deciding whether a law violates the free exercise clause; a law will be struck down unless there is a “compelling governmental interest” at stake and it accomplishes its goal by the “least restrictive means” possible

symbolic speech

a form of expression that does not use writing or speech but nonetheless communicates an idea (e.g., wearing an article of clothing to show solidarity with a group)

undue burden test

a means of deciding whether a law that makes it harder for women to seek abortions is constitutional

key states refused to ratify the Constitution unless it was added

The Bill of Rights was added to the Constitution because ________.

1. key states refused to ratify the Constitution unless it was added

2. Alexander Hamilton believed it was necessary

3. it was part of the Articles of Confederation

4. it was originally part of the Declaration of Independence

right to a writ of habeas corpus

An example of a right explicitly protected by the Constitution as drafted at the Constitutional Convention is the ________.

1. right to free speech

2. right to keep and bear arms

3. right to a writ of habeas corpus

4. right not to be subjected to cruel and unusual punishment

helped start the process of selective incorporation of the Bill of Rights

The Fourteenth Amendment was critically important for civil liberties because it ________.

1. guaranteed freed men the right to vote

2. outlawed slavery

3. helped start the process of selective incorporation of the Bill of Rights

4. allowed the states to continue to enact Black codes

Civil liberties are limitations on the power of government, designed to ensure personal freedoms, whereas, civil right guarantees of equal treatment by government authorities.

Briefly explain the difference between civil liberties and civil rights.

Selective incorporation is the process of expanding the application of the Bill of Rights to also include the states. It became necessary in order to guarantee people’s civil liberties equally across all states.

Briefly explain the concept of selective incorporation, and why it became necessary.

the right to keep and bear arms

Which of the following provisions is not part of the First Amendment?

1. the right to keep and bear arms

2. the right to peaceably assemble

3. the right to free speech

4. the protection of freedom of religion

forming part of a broader conception of privacy in the home that is also protected by the Second and Fourth Amendments

The Third Amendment can be thought of as ________.

1. reinforcing the right to keep and bear arms guaranteed by the Second Amendment

2. ensuring the right to freedom of the press

3. forming part of a broader conception of privacy in the home that is also protected by the Second and Fourth Amendments

4. strengthening the right to a jury trial in criminal cases

does not apply when there is a serious risk that evidence will be destroyed before a warrant can be issued

The Fourth Amendment’s requirement for a warrant ________.

1. applies only to searches of the home

2. applies only to the seizure of property as evidence

3. does not protect people who rent or lease property

4. does not apply when there is a serious risk that evidence will be destroyed before a warrant can be issued

The two clauses together protect religious liberty but from opposite directions. The establishment clause prevents governments from having an official religion (thus giving all religions a chance to flourish), while the free exercise clause clearly empowers individuals to practice as they wish.

Explain the difference between the establishment clause and the free exercise clause, and explain how these two clauses work together to guarantee religious freedoms.

at least some gun control laws did violate the Second Amendment and individual's right to keep and bear arms, at least in some circumstances- in particular, "for traditionally lawful purposes, such as self-defense within the home".

Explain the difference between the collective rights and individual rights views of the Second Amendment. Which of these views did the Supreme Court’s decision in District of Columbia v. Heller reflect?

allowed greater use of the power of eminent domain

The Supreme Court case known as Kelo v. City of New London was controversial because it ________.

1. allowed greater use of the power of eminent domain

2. regulated popular ride-sharing services like Lyft and Uber

3. limited the application of the death penalty

4. made it harder for police to use evidence obtained without a warrant

the right to remain silent

Which of the following rights is not protected by the Sixth Amendment?

1. the right to trial by an impartial jury

2. the right to cross-examine witnesses in a trial

3. the right to remain silent

4. the right to a speedy trial

none of these options

The double jeopardy rule in the Bill of Rights forbids which of the following?

1. prosecuting someone in a state court for a criminal act they had been acquitted of in federal court

2. prosecuting someone in federal court for a criminal act they had been acquitted of in a state court

3. suing someone for damages for an act the person was found not guilty of

4. none of these options

may not be applied to those who were under 18 when they committed a crime

The Supreme Court has decided that the death penalty ________.

1. is always cruel and unusual punishment

2. is never cruel and unusual punishment

3. may be applied only to acts of terrorism

4. may not be applied to those who were under 18 when they committed a crime

Someone accused of a crime may take a plea bargain because it reflects a clear path forward rather than the uncertainty of a trial. Typically plea bargains result in weaker punishments than does a court trial.

Explain why someone accused of a crime might negotiate a plea bargain rather than exercising the right to a trial by jury.

A criminal case is dealing with those who are being prosecuted for committing a crime. A civil case is one that deals with disputes between parties.

Explain the difference between a criminal case and a civil case.

the right to polygamous marriage

Which of the following rights is not explicitly protected by some state constitutions?

1. the right to hunt

2. the right to privacy

3. the right to polygamous marriage

4. the right to a free public education

most U.S. citizens today believe the government should be allowed to outlaw birth control

The right to privacy has been controversial for all the following reasons except ________.

1. it is not explicitly included in the Constitution or Bill of Rights

2. it has been interpreted to protect women’s right to have an abortion

3. it has been used to overturn laws that have substantial public support

4. most U.S. citizens today believe the government should be allowed to outlaw birth control

Women must notify their spouses before having an abortion.

Which of the following rules has the Supreme Court said is an undue burden on the right to have an abortion?

1. Women must make more than one visit to an abortion clinic before the procedure can be performed.

2. Minors must gain the consent of a parent or judge before seeking an abortion.

3. Women must notify their spouses before having an abortion.

4. Women must be informed of the health consequences of having an abortion.

laws in Europe more strictly regulate how government officials can use tracking technology

A major difference between most European countries and the United States today is ________.

1. most Europeans don’t use technologies that can easily be tracked

2. laws in Europe more strictly regulate how government officials can use tracking technology

3. there are more legal restrictions on how the U.S. government uses tracking technology than in Europe

4. companies based in Europe don’t have to comply with U.S. privacy laws

A right listed in the Bill of Rights is afforded clearer protection than one developed incrementally through court precedents.

Explain the difference between a right listed in the Bill of Rights and a common-law right.

challenge traditional notions of privacy is that they can be listening to us and reporting back our private information to other political organizations.

Describe two ways in which new technological developments challenge traditional notions of privacy.

affirmative action

the use of programs and policies designed to assist groups that have historically been subject to discrimination

American Indian Movement (AIM)

the Native American civil rights group responsible for the occupation of Wounded Knee, South Dakota, in 1973

Black codes

laws passed immediately after the Civil War that discriminated against freed people and other African Americans and deprived them of their rights

Brown v. Board of Education

the 1954 Supreme Court ruling that struck down Plessy v. Ferguson and declared segregation and “separate but equal” to be unconstitutional in public education

Chicano

a term adopted by some Mexican American civil rights activists to describe themselves and those like them

civil disobedience

an action taken in violation of the letter of the law to demonstrate that the law is unjust

comparable worth

a doctrine calling for the same pay for workers whose jobs require the same level of education, responsibility, training, or working conditions

coverture

a legal status of married women in which their separate legal identities were erased

de facto segregation

segregation that results from the private choices of individuals

de jure segregation

segregation that results from government discrimination

direct action

civil rights campaigns that directly confronted segregationist practices through public demonstrations

disenfranchisement

the revocation of someone’s right to vote

equal protection clause

a provision of the Fourteenth Amendment that requires the states to treat all residents equally under the law

Equal Rights Amendment (ERA)

the proposed amendment to the Constitution that would have prohibited all discrimination based on sex

glass ceiling

an invisible barrier caused by discrimination that prevents women from rising to the highest levels of an organization—including corporations, governments, academic institutions, and religious organizations

grandfather clause

the provision in some southern states that allowed illiterate White people to vote because their ancestors had been able to vote before the Fifteenth Amendment was ratified

hate crime

harassment, bullying, or other criminal acts directed against someone because of bias against that person’s sex, gender, sexual orientation, religion, race, ethnicity, or disability

intermediate scrutiny

the standard used by the courts to decide cases of discrimination based on gender and sex; burden of proof is on the government to demonstrate an important governmental interest is at stake in treating men differently from women

Jim Crow laws

state and local laws that promoted racial segregation and undermined Black voting rights in the south after Reconstruction

literacy tests

tests that required the prospective voter in some states to be able to read a passage of text and answer questions about it; often used as a way to disenfranchise racial or ethnic minorities

Plessy v. Ferguson

the 1896 Supreme Court ruling that allowed “separate but equal” racial segregation under the equal protection clause of the Fourteenth Amendment

poll tax

annual tax imposed by some states before a person was allowed to vote

rational basis test

the standard used by the courts to decide most forms of discrimination; the burden of proof is on those challenging the law or action to demonstrate there is no good reason for treating them differently from other citizens

Reconstruction

the period from 1865 to 1877 during which the governments of Confederate states were reorganized prior to being readmitted to the Union

Stonewall Inn

a bar in Greenwich Village, New York, where the modern Gay Pride movement began after rioters protested the police treatment of the LGBTQ community there

strict scrutiny

the standard used by the courts to decide cases of discrimination based on race, ethnicity, national origin, or religion; burden of proof is on the government to demonstrate a compelling governmental interest is at stake and no alternative means are available to accomplish its goals

Title IX

the section of the U.S. Education Amendments of 1972 that prohibits discrimination in education on the basis of sex

Trail of Tears

the name given to the forced migration of the Cherokees from Georgia to Oklahoma in 1838–1839

understanding tests

tests requiring prospective voters in some states to be able to explain the meaning of a passage of text or to answer questions related to citizenship; often used as a way to disenfranchise Black voters

white primary

a primary election in which only White people are allowed to vote

strict scrutiny

A group of African American students believes a college admissions test that is used by a public university discriminates against them. What legal standard would the courts use in deciding their case?

1. rational basis test

2. intermediate scrutiny

3. strict scrutiny

4. equal protection

the Fourteenth Amendment

The equal protection clause became part of the Constitution as a result of ________.

1. affirmative action

2. the Fourteenth Amendment

3. intermediate scrutiny

4. strict scrutiny

A law that treats 10-year-olds differently from 28-year-olds

Which of the following types of discrimination would be subject to the rational basis test?

1. A law that treats men differently from women

2. An action by a state governor that treats Asian Americans differently from other citizens

3. A law that treats White people differently from other citizens

4. A law that treats 10-year-olds differently from 28-year-olds

Civil rights are, at the most fundamental level, guarantees by the government that it will treat people equally, particularly people belonging to groups that have historically been denied the same rights and opportunities as others. Civil liberties are limitation on government power designed to protect our fundamental freedoms.

What is the difference between civil rights and civil liberties?

Plessy v. Ferguson

The Supreme Court decision ruling that “separate but equal” was constitutional and allowed racial segregation to take place was ________.

1. Brown v. Board of Education

2. Plessy v. Ferguson

3. Loving v. Virginia

4. Shelley v. Kraemer

Vividly illustrated the continued resistance to black civil rights in the Deep South

The 1965 Selma-to-Montgomery march was an important milestone in the civil rights movement because it ________.

1. vividly illustrated the continued resistance to Black civil rights in the Deep South

2. did not encounter any violent resistance

3. led to the passage of the Civil Rights Act of 1964

4. was the first major protest after the death of Martin Luther King, Jr.

outlawed discrimination in employment based on race, color, national origin, religion, and sex and created the Equal Employment Opportunity Commission to investigate discrimination and enforce the provisions of the bill. It also prohibited segregation in public accommodations and encouraged integration in education.

What were the key provisions of the Civil Rights Act of 1964?

suffrage for women

At the world’s first women’s rights convention in 1848, the most contentious issue proved to be _________.

1. A. the right to education for women

2. B. suffrage for women

3. C. access to the professions for women

4. D. greater property rights for women

The NWP favored more confrontational tactics like protests and picketing while NAWSA circulated petitions and lobbied politicians.

How did NAWSA differ from the NWP?

1. NAWSA worked to win votes for women on a state-by-state basis while the NWP wanted an amendment added to the Constitution.

2. NAWSA attracted mostly middle-class women while NWP appealed to the working class.

3. The NWP favored more confrontational tactics like protests and picketing while NAWSA circulated petitions and lobbied politicians.

4. The NWP sought to deny African Americans the vote, but NAWSA wanted to enfranchise all women.

comparable worth

The doctrine that people who do jobs that require the same level of skill, training, or education are thus entitled to equal pay is known as ________.

1. the glass ceiling

2. substantial compensation

3. comparable worth

4. affirmative action

Cherokee

The Trail of Tears is the name given to the forced removal of this tribe from Georgia to Oklahoma.

1. Lakota

2. Paiute

3. Navajo

4. Cherokee

A radical group of Native American activists who occupied the settlement of Wounded Knee on the Pine Ridge Reservation

AIM was ________.

1. a federal program that returned control of Native American education to tribal governments

2. a radical group of Native American activists who occupied the settlement of Wounded Knee on the Pine Ridge Reservation

3. an attempt to reduce the size of reservations

4. a federal program to give funds to Native American tribes to help their members open small businesses that would employ tribal members

Both groups lost their ancestral lands to White people who also attempted to destroy their culture. Both groups also suffer high levels of poverty and unemployment today. Most Native American tribes are allowed to govern themselves, but so far Native Hawaiians are not.

Briefly describe the similarities and differences between the experiences of Native Americans and Native Hawaiians.

the United Farm Workers union

Mexican American farm workers in California organized ________ to demand higher pay from their employers.

1. the bracero program

2. the League of United Latin American Citizens

3. the United Farm Workers union

4. the Mattachine Society

Asian immigrants were disliked by White people who feared competition for jobs, and several acts of Congress sought to restrict immigration and naturalization of Asian people.

Which of the following best describes attitudes toward Asian immigrants in the late nineteenth and early twentieth centuries?

1. Asian immigrants were welcomed to the United States and swiftly became financially successful.

2. Asian immigrants were disliked by White people who feared competition for jobs, and several acts of Congress sought to restrict immigration and naturalization of Asian people.

3. White people feared Asian immigrants because Japanese and Chinese Americans were often disloyal to the U.S. government.

4. Asian immigrants got along well with White people but not with Mexican Americans or African Americans.

they were not accepted, and thus it led to the fear of coming out and fighting for something they wanted to happen. They were an invisible group of people who didn't want to come out into the light because of fear, thus delaying them to fight for what they wanted.

Why did it take so long for an active civil rights movement to begin in the LGBTQ community?

agent of political socialization

a person or entity that teaches and influences others about politics through use of information

bandwagon effect

increased media coverage of candidates who poll high

Bradley effect

the difference between a poll result and an election result in which voters gave a socially desirable poll response rather than a true response that might be perceived as racist

classical liberalism

a political ideology based on belief in individual liberties and rights and the idea of free will, with little role for government

communism

a political and economic system in which, in theory, government promotes common ownership of all property, means of production, and materials to prevent the exploitation of workers while creating an equal society; in practice, most communist governments have used force to maintain control

covert content

ideologically slanted information presented as unbiased information in order to influence public opinion

diffuse support

the widespread belief that a country and its legal system are legitimate