Practice Questions for Poli 2051 – Flashcards
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When Andrew Jackson famously remarked, "John Marshall has made his decision, now let him enforce it," he was referring to
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inability of the court to enforce its decisions outside the court
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Legislative courts
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are created by Congress for special purposes
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The ____ approves presidential appointments
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senate
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The Federal Court System consists of 3 levels of courts: the Supreme Courts, the courts of appeal, and the ____ courts
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district (94 currently)
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Lower courts consistently comply with Supreme Court opinions because if they do not, they most certainly would cause
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confusion, such as reversal on appeal or the decision being struck down, and controversy
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Brown v. Board of Education (1954) is an example of
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the Supreme Court overruling a president
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Which of the following most accurately describes the role of the Supreme Court
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the Supreme Court's decisions are final, as the court of last resort for appeals, and responsible for interpreting national laws
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Which of the following would be considered a test case, like Roe v. Wade?
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a case brought to force a ruling on the constitutionality of a law or executive action
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Which of the following is an example of a factor that plays a primary role in the selection of federal judges
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their adherence to the ideology of the president
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The role of the courts in developing Miranda rights and recognizes abortion rights illustrates the
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importance of the courts as a pathway of societal change
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Proponents of ___ believe judges should make bold policy decisions even if it means charting new constitutional ground
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judicial activism
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___ is a legislative court
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the U.S. tax court
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What is a primary criticism of judicial review in the U.S. today
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many question whether framers intended that the courts should have the power to declare state and federal laws unconstitutional
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Which best describes the actions of the Supreme Court from 1801 to 1835 when Chief Justice John Marshall presided over it
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The Supreme Court sought to protect property rights and pursue the idea of nationalism over state's rights
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The use of judicial activism
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occurs among both liberal and conservative judges
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In 2006, Congress passed the ____, which authorized a system to try alien unlawful enemy combatants and deny access to the courts for any aliens detained by the U.S. gov't determined to be an enemy combatant
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Military Commissions Act
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The equal protection clause of the 14th amendment says that no state "can deny to any person within its jurisdiction the equal protection of the laws." The death penalty has been challenged as a violation of this clause because of the
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racial bias in the application of the punishment
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The landmark abortion decision of Roe v. Wade was
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based on an earlier decision concerning the right to privacy
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The free exercise clause ____
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prohibits Congress from impeding religious beliefs
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Many civil libertarians believe that actions to combat terrorism taken by presidents Bush and Obama are
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a serious threat to American Freedom
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The use of the death penalty in the U.S.
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varies greatly from one state to the next
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Gov't may interfere with freedom of speech only when the speech
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poses a significant danger and imminent harm
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The Supreme Court in Lochner v. New York ruled that
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a state did not have the right to regulate hours of labor
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According to the ruling in Miller v. California, material is deemed obscene only if
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it lacks serious literacy, artistic, political, or scientific value
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The full faith and credit clause in the Constitution mandates that
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states must recognize contracts entered into with people of other states
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Which is included as a free exercise clause of the 1st amendment
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the gov't may not interfere with the individual practice or religious beliefs
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In the late 1780s, why did many Americans insist on including a bill of rights in the new constitution
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they found the proposed Constitution is too stingy in its listing of liberties and wanted more guarantees of restrictions on the power of the national gov't
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What are civil liberties as defined by the American gov't
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freedoms found primarily in the Bill of Rights that protect people from gov't interference
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The most famous prior restraint case, New York Times v. United States involved ___
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the gov't desire not to publish a history of the Vietnam War based on Department of Defense documents
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During his administration, President Bush claimed authority as commander in chief to stretch his constitutional powers. He issued executive orders that allows for
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the use of military tribunals to try noncitizen accused of terrorism
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Which of the following choices best explains the principle concern of the framers who wrote the Constitution
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They worried more about the national government intrusions on individual freedom than about state gov't intrusions
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When does the Constitution allow Congress and the states to suspend the writ of habeas corpus
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when public safety demands it because of rebellion or invasion
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In order to address past discrimination and ensure a diverse environment in school, a university may institute _____ admission policies
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affirmative action
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Which of these is an example of a practice that was made illegal by the Civil Rights Act of 1964
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having separate waiting rooms for whites and blacks in bus terminals where interstate buses arrive and depart
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Current movements for greater civil rights for various groups have grown out of the expansion of civil right protections won by ____
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women and african americans
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The 13th amendment makes it unconstitutional to
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own slaves anywhere in the U.S.
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When it comes to classifications for making decisions about policies or programs, which of the following is considered a "suspect classification"
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ethnicity
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In trying a case of gender equality, which standard of review would the supreme court use
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intermediate scrutiny
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Concern about civil rights protections for women and racial minorities
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was a comparatively late development in the U.S. and most major advances were not evident until well into the 20th
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Actions by the states that trigger ____ are those that restrict the democratic process or discriminate against racial, ethnic, or religious minorities
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strict scrutiny
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In the 1990s, Supreme Court decisions regarding affirmative action ____
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narrowed its application
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What the immediate response of the South to the Supreme Court's decision in Brown v. Board of Education
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the south avoided implementing the Court's decision
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Arguably, which of the following groups has been the slowest in pursuing their civil rights claims
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homosexuals
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After the Civil War, women's rights activists called for universal suffrage, what did they mean by this
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the right of all adult citizens to vote
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Why might the Supreme Court find instances of affirmative action unconstitutional
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any mention of race in the law is generally subject to strict scrutiny
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The equal employment opportunity commission (EEOC) ruled that creating "an intimidating, hostile, or offensive working environment" is contrary to the law. This was a victory for women against
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sexual harassment
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Guarantees of equal treatment by government officials regarding political rights, the judicial system, and public programs are
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civil rights