POLS Final Exam

Civil liberties
are restraints on the actions of government against individuals.
As originally presented in the Constitution, the Bill of Rights
limited only the powers of the national government.
The Supreme Court began applying the Bill of Rights to state governments
in the 1925 case, Gitlow v New York which protected freedom of speech in the Fourteenth Amendment guaranteed by the First Amendment.
The incorporation theory
is the view that most of the protections of the Bill of Rights are incorporated into the Fourteenth Amendment’s protection against state government actions.
The concept of the separation of church and state
guarantees a division due to the establishment clause.
In the Supreme Court case Lemon v Kurtzman, the court found that
direct state aid could not be used to subsidize religious instruction.
The establishment clause in the First Amendment
prohibits the establishment of a church that is officially supported by the national government.
In Engel v Vitale (1962), the Supreme Court threw out the Regents’ prayer used in New York public schools because,
the Regent’s action violated the First Amendments establishment clause and was declared unconstitutional.
The teaching of evolution in public schools
is controversial because the theory is not accepted as true by many Americans.
The free exercise clause
contrains Congress from prohibiting the free exercise of religion.
New York Times v United States
made it possible for the New York Times to publish the Pentagon Papers without risk of government punishment.
Symbolic speech is
expression made through articles of clothing, gestures, movements, and other forms of nonverbal conduct.
The Supreme Court will consider restrictions on commercial speech as long as
1) seeks to implement substantial government interest
2) directly advances interest
3) goes no further than necessary to accomplish objective
Commercial speech is usually defined as
advertising statements.
Obscenity
refers to sexually offensive material, can be illegal if failed four part test established by the Supreme Court.
In 1969, the Supreme Court in Bradenburg v Ohio
overturned the conviction of Ku Klux Klan leader for violating a state statute (advocacy speech)
Requirements met in order to consider work obscene
1) average person finds it violates contemporary community standards
2) work taken as a whole appeals to prurient interest in sex
3) work shows patently offensive conduct
4) work lacks literary, artistic, or political merit
In Osbourne v Ohio, the Supreme Court ruled that states can outlaw the possession of child pornography in the home,
because owning the material perpetuates the commercial demand to exploit the children involved.
The Communications Decency Act of 1996 and the Children’s Online Protection Act of 1998,
have been blocked on constitutional grounds.
Slander is
public uttering of a false statement that harms the good reputation of another.
In the area of freedom of speech,
universities may determine to impose restrictions.
Libel is
defamation in writing, pictures, signs, films, or any other communication.
The First Amendment prevents Congress from
making any law that abridges “the right of the people peaceably to assemble and to petition government for redress of grievances.”
For a public figure to obtain a damage award under liberal laws, he or she must
prove actual malice.
Gag orders have been used to
restrict the publication of news about a trial hearing to protect the accused right to fair trial.
In 1965, the Griswald v Connecticut, a case involving the legality of contraceptives the Supreme Court
overturned Connecticut law prohibiting use of contraceptives because the law violated the right to privacy.
The Court has based the right to privacy on
the Constitution.
According to the Supreme Court ruling Roe v Wade, which of the following restrictions may the state place on abortions
-1st trimester decision up to the woman and physician
-2nd trimester decision on specific conditions
-3rd trimester can be outlawed to preserve health of the mother
In Webster v Reproductive Health Service and Planned Parenthood vs. Casey, the Supreme Court ruled that states may
set guidelines for performing abortions.
Which of the following is true in Roe v Wade?
-after the case, issued decisions on redefining boundaries of abortion
-violated right to privacy
-abortions are now more difficult
A defendant’s pretrial rights include all of the following except
no cruel or unusual punishment.
The writ of habeas corpus is
order that requires jailers to bring a prisoner before court and explain why the person is being held.
In Gideon v Wainwright the Supreme Court ruled that
if a person is accused of felony and cannot afford an attorney one will be made available at the government’s expense.
The Miranda Rule
evidence obtained by the police during custodial interrogation of a suspect is not admissible in Court, unless he was recited Miranda rights and waiver by suspect.
The exclusionary rule is a policy
prohibiting the admission at trial of illegally obtained evidence.
Cruel and unusual punishment is prohibited by
the Eighth Amendment.
All of the following are true of the death penalty except
-34 states have it
-support of the death penalty is dropping
-takes 7 years to convict
-state government usually responsible
The term civil rights refers to
the right of American’s equal protection under the law of the Fourteenth Amendment.
The Thirteenth Amendment
states that neither slavery nor involuntary servitude shall exist within the United States.
The Civil Rights Act of 1865 passed by Congress between 1865 and 1875
enforced the Thirteenth, Fourteenth, and Fifteenth Amendments.
The Fifteenth Amendment
prohibits government from denying a citizen the right to vote.
After the Civil Wars, Civil Rights legislation was passed by Congress but
was ineffective and soon forgotten.
In 1896, the U.S. Supreme Court case of Plessy v Ferguson
agreed that separation of races was not a violation of the Constitution.
The white primary in southern states allowed
voting to whites only.
In the 1944 case Smith v Allwright, the United States Supreme Court ruled _____ to be a violation of the Fifteenth Amendment.
white primary
The tests administered as a precondition for voting were called
literacy test.
A poll tax was used to
keep African Americans from voting.
The Supreme Court ruling in Brown v Board of Education of Topeka held that
segregation of races in public schools violated the equal protection clause of the Fourteenth Amendment.
De facto segregation means
segregation because of past social and economic conditions and residential racial patterns.
De facto segregation
confined African American to all black districts.
All of the following are true of the 1964 and 1968 Act except
-equal voter registration
-equal public accommodations
-desegregate public schools and facilities
-withheld funds for programs discriminating
-right to equal employment
The Civil Rights Movement
focused on African Americans, but benefited all minority groups.
The Fourteenth Amendment
all persons born or naturalized in the United States are citizens of the United States.
Which of the following is true about women’s rights
-women did not have the right to vote
-established feminism
-increased their participation in the workforce
Women’s groups divided over issues including
-domestic violence
-abortion
-pornography
Any practice, policy, or procedure that denies equality of treatment to an individual or group because of gender
gender discrimination.
On the issue of sexual harassment the Supreme Court ruled,
any unwanted physical or verbal conduct or abuse of sexual nature that creates a hostile environment is to be dealt with by the company.
The Equal Pay Act of 1963
provided equal pay for substantially equal work.
The policy in admissions that gives special consideration to traditionally disadvantaged groups to overcome present effects of past discrimination
affirmative action.
The charge that some affirmative action programs discriminate agains non-minorites is called
reverse discrimination.
The Supreme Court ruled in the Bakke case that
race cannot be the sole factor in admissions decisions.
The Supreme Court’s decision in Addarand Constructors, Inc. v Pena ruled that an affirmative action program
that uses racial or ethnic classifications as the basis for making decisions is subject to strict scrutiny.
In 2003, the United States considered two different admissions policies adopted at the University of Michigan Law School and
prohibited affirmative action programs in all public universities and state government positions.
In 2003, the decision of Lawrence v Texas the United States Supreme Court
held that laws against sodomy violated the due process clause.
In the 1996 decision Romer v Evans, the Supreme Court
invalidated a Colorado law that denied homosexuals the right to seek specific protection of the law.
The Defense Marriage Act of 1996 was passed in response to
Hawaii Supreme Court ruling that denying marriage license to gay couples might violate the equal protection clause.
Keynesian economics advocates
the use of direct government intervention to achieve economic growth and stability.
Fiscal policy
is the domain of Congress.
Monetary policy includes
controlling the rate of growth of the money supply.
Tight monetary policy theory dictates that when the economy is faced with inflation, the government should
reduce government regulation and reduce taxes.
With a progressive tax,
rates go up as income goes up.
Which of the following is not a regressive tax?
-Social Security
-Medicare
-State sales tax
-Local real estate tax
Which of the following is not an entitlement program?
-Medicare
-Medicaid
-Social Security
-Unemployment compensation
Which of the following statements regarding entitlement programs is accurate?
-have to meet certain qualifications
-make up greatest share of the budget deficit
-determine how much you pay in taxes
-determine how much support you receive in old age

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