what was the bill of rights originally intended for?
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What was the Bill of Rights originally intended for?. To protect citizens against the actions of the federal government. Identify three key types of federal officials that are appointed by the President. SC Justices, ambassadors, cabinet members. - PowerPoint PPT PresentationTRANSCRIPT
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What was the Bill of Rights originally intended for?
To protect citizens against the actions of the federal
government
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Identify three key types of federal officials that are
appointed by the President.
SC Justices, ambassadors, cabinet members
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How likely is the Supreme Court to hear a case that is
being appealed from a lower court?
Not very likely, the SC only hears roughly 1% of all
appealed cases
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What SC decision established a precedent for
judicial review?
Marbury v. Madison
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What is original jurisdiction? appellate jurisdiction?
original means that you’re the first court to hear the case, appellate means that you’ll
hear the case if it is appealed
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Who has the ultimate appellate jurisdiction?
the Supreme Court
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What case made segregation legal in the U.S.? what case
reversed it in 1954?
Plessy v. Ferguson, Brown vs. the Board
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Who has the power to declares laws/acts unconstitutional?
Judicial Branch/Supreme Court
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The five basic provisions of the first amendment are:
Freedom of Religion, Assembly, Press, Petition &
SpeechRAPPS
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What did the 14th Amendment do?
guaranteed citizenship rights to all citizens
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Who sets the # of justices on the Supreme Court? How many justices are there?
How long can each justice serve?
Congress, 9, life
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What did New Jersey v. TLO say about search and
seizure in schools?
schools can search you for a lesser reason than the
police can
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What is the current decision on mandatory school prayer?
it’s illegal
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When can religious practices be limited?
when they violate criminal laws
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What is the current precedent decision
regarding abortion? What does it say?
Roe v. Wade, states can’t outlaw abortion
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What is defamatory speech? Is it protected by the 1st
amendment?
speech that damages another person’s good name or character, no
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What is the most common way for interest groups to
lobby the courts?
Amicus curiae briefs
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What SC decision made segregation legal? Based on
what doctrine?
Plessy v. Ferguson; separate but equal
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What is the significance of stare decisis?
Means “let the decision stand” & forms basis for why courts
will honor precedents (and will be reluctant to overturn them)
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What is the usual method used when someone is
appealing a case to the SC? How often are these granted
by the SC?petition for a writ of certiorari (has to be
accepted by 4 justices); less than 5% of the time
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What is the most current SC interpretation of the death
penalty?
It is legal, and not cruel and unusual punishment (not all
states use it)
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What law was designed to specifically enforce the
intent of the 15th Amendment? What has
been its legacy?Voting Rights Act of 1965;
greatly increased voters from all ethnic minority
groups
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SC nominations must be approved by a ______ of the
_____.
majority, Senate
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Federal judges serve life terms, what is the only way they can be removed from
office against their will?
impeachment and conviction by Congress
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During what war did the SC strongly limit freedom of
speech?
World War I
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What is the only circumstance in which the U.S. government is allowed
to censor the press?
when national security is in danger
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In regards to the Bill of Rights, the “wall of
separation” refers to
The separation between church and state
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What law, passed under the Johnson administration, set
out to guarantee the provisions of the 15th
Amendment?
Voting Rights Act of 1965, which solidified the right to
vote regardless of race
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What Warren Court decision basically required law
enforcement officials to inform suspects of their rights as the
accused?
Miranda v. Arizona, 1966
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What kinds of things do Presidents review when choosing federal judges (especially SC justices)?
Past political activities and their experiences on the
bench (their judicial record)
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The Roe v. Wade decision that essentially legalizes
abortion is based on what?
The right to privacy implied in the Bill of Rights
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What amendment was passed after the Civil War to guarantee
the rights of former slaves? What SC decision was it responding to?
14th Amendment; Dred Scott decision
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What amendment guaranteed the vote for women? When was it
passed?
19th, 1920 (after WWI)
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What amendment changed the voting age from 21 to
18? What election did it first impact?
26th Amendment, 1972
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What significance did Barron v. Baltimore have?
It indicated that the first ten amendments did not apply
to state governments (upheld throughout 1800s)
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What did incorporation (based on 14th amendment)
do to the Bill of Rights?
Extended Bill of Rights to protect individuals from all
levels of government (federal, state, local)
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What clause of the 14th Amendment has been used to incorporate the Bill of Rights?
Has incorporation been selective or total?
Due Process clauseSelective (not all aspects of
B of R are incorporated)
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What is nationalization?
It means that citizens who believe that a state or local authority has denied them their basic
rights and may take their case to federal court.
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What are the two clauses of the 1st Amendment regarding
religion?
The establishment (no laws regarding the establishment of religion) and free exercise (no
interference with practice) clauses
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Which legal philosophy advocates interpretation based on a reasonable
application of the text of the law?
textualism
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Which legal philosophy/practice allows judges to imply broad
powers and make major societal changes from the bench? What
is the opposite of this?
Judicial Activism, Judicial Restraint
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How does a loose constructionist view the
powers of the government? What is the opposing view?
Government has more powers than those specifically listed ion Constitution; strict view
believes gov’t is limited to what’s specifically listed
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What is the usual topic for cases regarding the
establishment clause?
Religion and education
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What are two parts of the Lemon Test on state aid to
parochial schools?
aid must have a clear secular purpose, must neither
advance nor inhibit religion, must avoid excessive
entanglement with religion
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What was the key outcome of the Engel v. Vitale
decision?
Schools could not encourage prayer, even if the prayer was nondenominational
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How has the court ruled on religious practices that
violate laws related to public safety and morality?
Court upholds these laws (on cases like polygamy, drug
use, etc.)
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What are the two general categories of speech, according to the SC?
Pure speech (actual spoken words) & symbolic speech (burning draft cards, wearing
arm bands in protest, etc.)
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What are two of the major guidelines the SC uses in freedom of speech cases?
clear and present danger test, bad tendency
doctrine, and preferred position doctrine
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What did the SC rule in Schenck v. the U.S.?
Not OK for Schenck to encourage draftees to obstruct the war
effort during WWI (in violation of clear and present danger test)
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How has the SC ruled on various sedition laws over
time?
At first you could be convicted for advocating action against
government, over time definition has narrowed
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What is defamatory speech? Is it protected?
Speech that damages a person’s good name or reputation - can be spoken (slander) or printed
(libel); not protected
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How much control do school officials have over their students’ right to free
speech? Identify one case that deals with this.
School officials have a great deal of control over student speech;
Tinker v. Des Moines, Bethel School District v. Fraiser,
Hazelwood SD v. Kuhlmeier
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What is the name for censorship of information
before it is published? When is this allowed in the U.S.?
prior restraint, only allowed when national security is threatened
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What important prior restraint decision came out of the Pentagon papers? What was the outcome?
New York Times v. United States; Times was allowed to print Pentagon papers
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What are two steps judges can take to try and assure that a free press doesn’t
infringe on the right to a fair trial?
change venue for trial, limit number of reporters,
sequestering jury, isolating witnesses and jury members
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The right to parade and demonstrate in public is
protected by which freedom? What do local governments
usually require for these activities?
Assembly; a permit
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Why are demonstrations subject to greater gov’t
regulation than other forms of speech?
Potential for conflict between demonstrators & others; or
interference with others trying to use public streets/spaces
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Does the right to Assembly allow a group to convert private
property to its own use? Around what kind of facility has this
been an issue in recent years?
No, it does not; private abortion clinics being picketed by pro-life
protestors
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How has the court handled the issue of labor picketing?
It is allowed, but can be more tightly regulated because it has
consequences greater than other forms of free speech
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How does the clear and present doctrine apply to freedom of association?
Government can prevent people from forming/joining
groups deemed to be subversive
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What percentage of cases requested for review by the Supreme Court are actually
ruled on by the Court?
Less than five percent
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What did the Supreme Court establish in McCulloch v.
Maryland?
States cannot interfere with or tax the legitimate
activities of the federal government
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Identify three major precedents established by
the Warren Court.
End to school segregation, greater protections for those accused of crimes, end malapportionment of districts (one person one vote), extend 1st amendment rights
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Identify two key legal developments under the
Burger Court.
School busing decisions, US v. Nixon, Roe v. Wade
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Are courts democratic institutions? How can the public influence courts?
No, but interest groups try to influence decisions and
politicians run based on kind of judges they will appoint
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How can the President and Congress work around
particularly onerous court decisions?
Seeking to amend the constitution (e.g. 16th
Amendment)
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What philosophe argued in favor of a three branch
government?
Montesquieu
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What is the “supremacy clause”?
Makers it clear that the Constitution is the supreme
law of the land
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What is the name for a system in which power is divided between national and state governments?
federalism
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Why did the founders choose a federalist approach?
Even though the weak union of the A of C failed, they still feared
putting too much power in the hands of the central gov’t
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What is the primary purpose of separation of powers?
Limit overall power of central gov’t by dividing powers
between branches
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When federal and state gov’ts work together on a
project, it is known as _________ federalism. Name
two examples.Cooperative; highways, fed involvement in education,
certain areas of law enforcement, documentation
standards for immigrants
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Does federalism centralize or decentralize government?
Why is this important?
Decentralizes, important because it involves more people/groups
in government and provides more access to power (allows
ideas to flow from states/people)
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Why is regulating commerce such an important power for
Congress?
Because commerce has been defined broadly, so through this
power Congress can do everything from desegregate public accommodations to pass
environmental regulations
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Under our federalist system, what are two chief
obligations the states have to each other?
Full Faith and Credit (honor contracts and licenses),
Extradition, Privileges and Immunities
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Define the concept of limited gov’t.
The Constitution limits gov’t by specifically listing the powers it does and does
not have
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What gives Congress the power to make all laws
“necessary and proper”?
Elastic clause
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What was the key outcome of McCulloch v. Maryland?
Broad interpretation of the elastic clause – and the
existence of implied powers provided by the elastic clause
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The federal gov’t providing funding to state
governments is an example of ________ federalism.
Fiscal
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What are the two main types of funding the federal
government passes on to the states? Which type is
more restrictive? Block grants and categorical
grants; categorical grants must be spent on specific
things and are more restrictive