Pol 1 Social movements, civil liberties, civil rights – Flashcards
24 test answers
Unlock all answers in this set
Unlock answers 24question
What is selective incorporation?
answer
Gradual piecemeal spread of protections from the Bill of Rights to states (previously just nt.'l gov.'t) by the U.S. Supreme Court (p. 494)
Unlock the answer
question
What is the "LAPS" test?
answer
Stands for "literary, artistic, political, and scientific value"; not judged by community standards but by jury assessment of testimony of expert witnesses (p. 501)
Unlock the answer
question
what was a primary concern of the Framers of the U.S. constitution?
answer
The primary concern was the establishments of a society in which liberty might flourish; framers understood that the gov.'t was necessary in protecting against anarchy, but also believed the gov.'t would threaten liberty if it became too powerful (p. 490)
Unlock the answer
question
Prohibitions against government actions that threaten the enjoyment of freedom are called?
answer
Civil Liberties (p. 490)
Unlock the answer
question
How did the Framers design the original Constitution to protect civil liberties?
answer
To safeguard the tyranny to refrain from giving the government power (p. 490)
Unlock the answer
question
What was the basis of the Supreme Court ruling in Dred Scott v. Sandford (1857)?
answer
The Supreme Court ruled that African Americans that were freed from slavery were obligated to respect; Justice Taney claimed Founders believed blacks had no rights that whites / gov.'t bound to honor or respect (p. 493 / 528)
Unlock the answer
question
"Nationalizing" the Bill of Rights refers to what?
answer
Nationalizing is the process by which provisions of the Bill of Rights become incorporated; incorporation is the process in which the Supreme Court makes provisions of the Bill of Rights binding on state gov.'t; Supreme Court practices selective incorporation, in which traditional civil liberties are slowly added (p. 494-495)
Unlock the answer
question
During the first 60 years of its existence, the Supreme Court mainly reinforced what kind of civil liberty?
answer
they reinforced property rights and believed them to be certain and inalienable that governments were instituted to defend
Unlock the answer
question
In general, how do Americans about the tradeoff between security and civil liberties during the war on terrorism?
answer
Americans are somewhat willing to trade minor civil liberties for safety
Unlock the answer
question
Substantive Liberties v. Procedural liberties
answer
Substantive liberties — Places limits on gov.'t action in terms of what gov.'t shall / shall not have the power to do (e.g. making laws that prohibits freedom of speech, religion, or press; establishing a religion; quartering troops in private homes w/o consent) Procedural liberties — Concerned w/ how gov.'t should act; fall under due process law (i.e. no person shall be deprived of life, liberty, property w/o due process; 14th Amendment — gov.'t guarantee of equal protection under law and due process for all citizens)
Unlock the answer
question
How did the court interpreted the Bill of Rights and the Civil War amendments during the course of 20th century?
answer
The court undermine a lot of the rights for African Americans they had separate but equal facilities "just as good as white facilities"; taxing them and did not have the money and made them pass a literacy test (p. 530) Eventually the national government did follow the Bill of Rights
Unlock the answer
question
What are the Civil War Amendments?
answer
Thirteenth Amendment - ratified abolished slavery in United States - Fourteenth Amendment - was made in 1868 by reconstruction era equal protection of the law, helped civil rights act by not taxing the Indians - Fifteenth Amendment - States could not prevent African Americans from voting
Unlock the answer
question
This clause of the 14th amendment to the constitution requires that each state treat all of their citizens equally
answer
This clause of the Fourteenth Amendment to the Constitution requires that each state treat all of their citizens equally. - Equal Protection clause
Unlock the answer
question
The Bill of Rights did not guarantee political equality...(True/False)
answer
False; Bill of Rights did guarantee political equality with the Fourteenth Amendment and selective incorporation
Unlock the answer
question
The legal right to vote is sometimes called the
answer
sufferage
Unlock the answer
question
Which of these groups was the last to receive the right to vote?
answer
women
Unlock the answer
question
How might social movements contribute to democracy in the United States?
answer
Social movements contribute to democracy in that minorities and those periodically discriminated against voice their opinions, in violent / non-violent ways. Democracy in itself means "rule by the people" and social movement enable such capabilities.
Unlock the answer
question
The Framers believed that government itself would not threaten liberty if it became too powerful.True or False
answer
false
Unlock the answer
question
Only in the twentieth century were most minorities and women included in constitutional protection. True or False
answer
true
Unlock the answer
question
What are the vital benchmarks for measuring the success of democracy?
answer
Popular sovereignty — People are the ultimate source of gov.'t authority and that what the gov.'t does is determined by what the people want Political equality — The idea that each person (equal to other human beings) carry the same weight in voting and other political decision making Political liberty — Basic freedoms essential to the formation and expression of majority opinion and its translation into public policies
Unlock the answer