PoliSci Exam 2

  1. False, harmful statements made either through
    written or spoken media, often referred to as _____, is not a constitutionally-protected
    form of speech
  2. 4. Which of the following is NOT part of a defendant’s Miranda rights?

    A) The right
    to consult an attorney during questioning.

    B) The right
    to remain silent.

    C) The right
    to stop answering questions at any time.

    D) The right
    to an attorney at no cost if indigent.

    E) The
    right to habeas corpus
    E) The right to habeas corpus
  3. Federal Communications Commission
    • The agency charged with regulating television
    • and radio broadcasts

    regulating thenation’s broadcast media.
  4. The establishment clause concerns the ability of
    individuals to practice the religion of their choice without government
    interference. T/F?
    False; free exercise clause
  5. A high school student wearing a T-shirt critical
    of the president is an example of symbolic speech, and her actions are
    supported by the decision in Tinker v. Des Moines Independent Community School
  6. The_______ clause of the Fourteenth Amendment has been interpreted by the
    U.S. Supreme Court as providing specific liberties to protect individuals
    against actions by state and local government officials.
    A )due process
  7. Which of the following is NOT a liberty protected under the First Amendment?
    A) The right
    to petition the government for redress

    B) Freedom
    of religion

    C) Freedom
    of speech

    D) Freedom
    of the press

    E) The right
    to bear arms
    E) The right to bear arms (actually 2ndamend)
  8. Congress enacted the Religious Freedom Restoration Act in order to...
    D) reinforce the free exercise clause.
  9. According to critics, barring sponsored prayers in public schools violates the individual expression of religion by students, demonstrating the tensions between (two clauses)
    C) the establishment clause and the free exercise clause.
  10. Claims
    that prohibitions against prayer in public schools violate an individual’s
    constitutional rights can be argued to be false because
    D) the prohibition against school prayer applies only to officialendorsement of such prayer.
  11. The
    exclusionary rule prevents...
    A) the prosecutor from using improperly obtained evidence.
  12. Out of the following examples, the right to counsel applies
    E) to indigents facing serious criminal charges in federal court.
  13. The Eighth Amendment protects against
    C) cruel and unusual punishment.
  14. In order to be defined as “cruel and unusual,” punishment must ...
    C) both violate contemporary standards and be disproportionate to the underlying crime.
  15. The
    Constitution outlaws any restrictions on freedom of speech.
  16. Constitutional
    protections of freedom of speech are absolute.
  17. Prior
    restraint protections do not protect authors against being sued for publication
    after the fact.
  18. More
    than 90 percent of criminal convictions are obtained through jury trials.
    FALSE (only 10%)
  19. The Sixth Amendment requires that the government
    provide an attorney free of charge to any defendant who requests one.
  20. The
    statement that “all men are created equal” can be found in the
    B) Declaration of Independence
  21. The
    vote was extended to women in 1920 as a result of what amendment?
    B)passage of the Nineteenth Amendment.
  22. Through
    which pathway have Native American activists succeeded in their attempts to
    recover some of the debt owned them by the United States government?
    A) The court pathway
  23. The
    Chief Justice of the U.S. Supreme Court during the Brown v. Board of Education
    of Topeka case was Earl Warren.
  24. The
    founders’ intent behind the words “All men are created equal” was
    E) political equality.
  25. 2. Collectively,
    the Civil War Amendments were intended to
    A) define the rights of freed slaves and give those rights constitutional protection.
  26. Homer
    Plessy was arrested and charged with what crime? B) sitting in a white-only train car
    B) sitting in a white-only train car
  27. The
    significance of the U.S. Supreme Court’s decision in Brown v. Board of
    Education (1954) rests in the fact that it
    E) signaled the court’s importance as an avenue for effecting political change in the civil rights struggle.
  28. Which
    of the following most accurately describes the pathways taken that resulted in
    the passing of the Voting Rights Act of 1965?
    C) Grassroots mobilization > elections > cultural change
  29. If a lobbying group wanted to present evidence to support additional policies that
    it thought should be put in place to negate discrimination in the workplace,
    which agency would the group contact?
    c) the US Commission on Civil Rights
  30. Susan B. Anthony and Elizabeth Cady Stanton founded and led the
    D) National Woman Suffrage Association.
  31. Reconstruction
    refers to a period after the Civil War in which Union troops occupied the
    American South.
  32. The U.S. Supreme Court’s decision in Plessy v. Ferguson overturned the “separate
    but equal” doctrine.
    FALSE: It really created it and brown overturned it.
  33. The
    1965 Voting Rights Act prohibited discrimination on the basis of race or
    ethnicity in voter registration.
  34. Puerto Rico is an “associated commonwealth” of the United States, and its residents
    have the right to live and work in the mainland United States.
  35. The elections and lobbying pathways have been
    the most important pathways in affecting political change around civil rights.
    FALSE; Grassroots
  36. The
    establishment of a bicameral legislature in the United States was the result of
    E) the Great Compromise.
  37. If
    a president vetoes a bill, what is the congressional action necessary for
    override of the veto?
    A)Both chambers must approve the override by a minimum two-thirds margin.
  38. The
    process of redrawing the boundaries of legislative districts is known as
    A) redistricting.
  39. When
    the boundaries of an electoral district are drawn to secure a partisan
    advantage, the process of redrawing the boundaries of legislative districts is
    known as
    B) gerrymandering.
  40. Because it establishes the conditions under
    which proposed legislation is considered by the House of Representatives, the ________ Committee is considered one of
    the most powerful committees in Congress.
    B) Rules
  41. 1. The delegate model of representation argues that the
    representatives should “enlarge and refine the public’s will.”
  42. 7. Because
    it establishes the conditions under which proposed legislation is considered by
    the House of Representatives, the _____ Committee is considered one of the most
    powerful committees in Congress.
    B) RULES!
  43. In
    the absence of the Vice President of the United States, the presiding officer
    in the Senate is the minority leader.
    FALSE; President pro-tempore
  44. conscience
    model of representation
    , legislators should
    D) follow the will of the people unless they believe that it is in the best interest of the country to do otherwise.
  45. Under
    the delegate model of representation, legislators should
    A) adhere to the will of their constituents.
  46. An
    elected representative who strictly adheres to the will of their constituents
    is said to act according to the
    D) delegate model.
  47. Russ
    Feingold and Edward Kennedy were vocal opponents of the Iraq War and voted
    against the war in 2002, despite widespread popular support for the
    authorization of war against Iraq. Their vote can best be understood through
    the .
    A) trustee model.
  48. During
    the impeachment trial of President Clinton, Representative Henry Hyde argued
    “We’re not delegates who are sent here to weigh our mail every day and then to
    vote accordingly. We are elected to bring our judgment, our experience, and our
    consciences with us here.” Hyde’s claim is an argument in favor of the
    A) trustee model of representation
  49. Representative
    Sherwood Boehlert’s argument that legislators should use the “pillow test”—that
    legislators should follow the will of their constituents until doing so keeps
    the legislator awake at night—is an argument in favor of the
    B) conscience model of representation.
  50. Senator J. William Fulbright’s warning that “The
    average legislator early in his career discovers that there are certain
    interests or prejudices of his constituents which are dangerous to trifle with”
    is an argument in favor of the
    C) politico model of representation
  51. The most important responsibility of a member of
    Congress is to
    E) speak and act on behalf of the people.
  52. The assumption that a legislator will represent or favor only his or her own ethnic group or gender (as opposed to the entirempopulation) is generally referred to as
    B) symbolic representation.
  53. Before
    adoption of the Seventeenth Amendment in 1913, U.S. senators were generally
    C) appointed by the state legislatures.
  54. U.S. senators have been directly
    elected by the people since the ratification of the
    D) Seventeenth Amnndment.
  55. Which of the following statements most
    accurately describes the selection of senators?.
    E) One-third of the seats in the Senate are elected every two years
  56. Which
    of the following is NOT a power granted to Congress by Article I, Section 8 of
    the Constitution?
    E) The right to interpret legislation passed by the Congress
  57. Cracking
    refers to the
    B) division of opposition voters into a wide number of electoral districts.
  58. Packing refers to the
    C) consolidation of opposition voters into fewer electoral districts.
  59. When
    the boundaries of an electoral district are drawn to secure a partisan
    advantage by spreading out opposition voters across a wide number of electoral
    districts,______ is said to
    have occurred.
    C) Cracking
  60. When
    the boundaries of an electoral district are drawn to secure a partisan
    advantage by lumping as many opposition voters as possible into one district, D) packing is said to have occurred.
    , D) packing
  61. The
    U.S. Supreme Court established the “one person, one vote” principle in its decision
    in the 1961 case of
    A) Baker v. Carr.
  62. In
    its decision in Baker v. Carr, the U.S. Supreme Court formally established the
    principle of B) one person, one vote.
    B) one person, one vote.
  63. The
    process of reallocating the number of seats assigned to each state in the U.S.
    House of Representatives based on changes in the population of the states is
    known as
    B) reapportionment.
  64. The
    requirement that all bills be referred to a committee before being considered
    by the body of the whole was established by
    B) the 1946 Legislative Reorganization Act.
  65. markup.
    The process of reviewing and revising a proposed piece of legislation by a committee is generally referred to as
  66. Rules Committee.
    The House Committee responsible for establishing the terms and conditions of debate on a bill
  67. oversight.
    The responsibility of the Congress to review the federal bureaucracy’s implementation of federal law
  68. Speaker of the House.
    Responsibility for referring bills to specific committees in the U.S House of Representatives generally falls
  69. Most important congressional work gets done
    B) at the committee level.
  70. The U.S. Senate president pro tempore
    D) traditionally is the most senior member of the majority party.
  71. The
    vice president votes in the Senate when
    C) there is a tie vote.
  72. A
    senator who wants to stop debate and vote on a bill can attempt to
    D) invoke cloture.
  73. Earmarks.
    Federal money and programs that largely or wholly benefit just one state or congressional district
  74. In
    the context of the congressional legislative process, logrolling refers to the
    B) reciprocal exchange of support for legislation.
  75. The first three steps of a bill are
    C) Introduction, Referral, Committee Consideration
  76. Bills may be introduced to Congress by
    B) members of Congress.
  77. Should the president fail to act on a bill for 10 days (excluding Sundays), the bill becomes law unless Congress adjourns during that period.
  78. The term cracking refers to opposition voters being lumped together in one area of a legislative district
    . FALSE; lumping.
  79. Gerrymandering
    refers to draw legislative boundaries in a way that secures political
  80. The
    structure of Congress and the legislative process is spelled out in great
    detail in Article I, Section 9 of the U.S. Constitution.
    FALSE; section eight
  81. The cloture rule is used to stop a filibuster in
    the Senate.
  82. When
    the United States’ legal system is described as a “dual court system,” it means
    B) there are two systems of courts: state and federal.
  83. writ of certiorari
    A traditional legal order that commands a lower court to send a case forward to the U.S. Supreme Court is known as a
  84. Decisions
    of the U.S. Supreme Court become final when the
    D) opinion is announced and published.
  85. case
    The legal rule established by a judicial decision that guides subsequent judicial decisions
  86. Cruel
    and unusual punishment is prohibited by the
    E) Eighth Amendment.
  87. As
    a component of legal strategy, the choice of jurisdiction is important because
    B) some courts or judges may be more sympathetic to particular values or policy preferences.
  88. In the United States, the phrase “dual court
    system” is used to refer to the existence of two types of courts: trial and
    appellate courts.
  89. When the U.S. Supreme Court agrees to hear an
    appeal, it issues a writ of certiorari to order the lower court to send the
    case forward.
  90. Sitting U.S. Supreme Court justices may be
    removed from the Court through the congressional impeachment process.
  91. In
    an adversarial legal system
    D) attorneys are expected to provide zealous representation and advocacy to protect their side’s interests.
  92. settlements.
    Negotiated resolutions of cases before trial in civil courts
  93. Legal
    actions filed by individuals seeking remedies from private parties for contract
    violations, personal injury, and related issues are generally referred to as

    civil lawsuits.
  94. The U.S. Supreme Court has _____ jurisdiction
    over cases decided in lower courts
    B) Appelate ** study**
  95. In
    the United States, intermediate appellate courts are primarily responsible for
    A) reviewing the decisions of lower court judges.
  96. asks that a higher court call up a case from a lower court.
    A writ of certiorari
  97. Appellate
    courts differ from trial courts in that

    A) cases are generally heard by a panel
    of judges rather than a jury.

    B) cases generally revolve around
    alleged errors in the investigation or trial process rather than the finding of

    C) they generally only review cases in
    writing rather than hearing the testimony of witnesses.

    D) their decisions are reflected in the
    written majority opinion rather than a final verdict.
  98. In
    order for a specific case to be heard by the U.S. Supreme Court, at least _____ justices must vote to hear that
  99. Alexander
    Hamilton described the courts as the
    A) least dangerous branch of government.
  100. writ of mandamus.
    A legal order through which a court directs a government official to take a specific action required by law is referred to as a
  101. The
    central issue under debate in the Marbury v. Madison case was the
    A) appointment of federal judges.
  102. A legal order under which a court directs a
    government official to take a specific course of action as required by law is
    generally known as a
    E) writ of mandamus
  103. The
    process by which Congress may remove a sitting judge, the president, or other
    high officials is known as
    A) impeachment.
  104. Franklin Roosevelt’s unsuccessful proposal in
    1937 to permit the appointment of new justices to the U.S. Supreme Court is an
    example of
    C) court packing
  105. senatorial courtesy.
    The process through which legislators from the president’s party have a virtual veto over potential nominees for their home state’s district courts
  106. The
    U.S. Supreme Court’s decision in Roper v. Simmons cited this amendment as
    prohibiting execution of murderers who committed their crimes before 18 years
    of age.
    D) Eighth Amendment.
  107. Judges
    need to interpret constitutions and statutes because
    C) the law is frequently ambiguous and in need of interpretation.
  108. Advocates
    of ______ would be judges who follow what they see as the original intent of
    the Constitution, without applying today’s societal values to a decision
    . E) judicial restraint
  109. The
    attitudinal model of judicial decision making argues that
    C) judges look to their own values to make decisions.
  110. The
    legal model of judicial decision making argues that
    D) case precedent and theories of interpretation provide the basis for understanding judicial decisions.
  111. As a model of judicial decision making, new
    institutionalism argues that
    B) judicial decisions can only been understood in the larger political context.
  112. The
    _____ model of judicial decision making emphasizes understanding courts as
    institutions and seeing the role of courts within the larger political context.
    A) new institutionalism
  113. The
    court pathway is often attractive to small interest groups because
    B) it is possible to succeed with few resources.
  114. Which
    of the following is NOT generally a consideration when interest groups develop
    their strategy for cases?
    B) Ensuring there is a good supply of additional cases
  115. In
    an adversarial system, judges play a central role in the discovery of truth by
    directly questioning witnesses.
  116. All nine justices on the U.S. Supreme Court must
    agree to hear a case before the case is transferred to the U.S. Supreme Court.
  117. The
    decision in Marbury v. Madison (1803) reinforced the notion of judicial review.
  118. The Judiciary Act of 1789 designed the federal
    court system and established its procedures
    . TRUE
  119. In the 1930s, President Woodrow Wilson tried to
    disband the U.S. Supreme Court is his famous “court-packing” plan
  120. The attitudinal model of understanding judicial decisions emphasizes the role of precedent.
    FALSE; legal model
  121. As
    the framers anticipated, the courts have little influence over the development
    of public policy in the United States.
  122. Proposition 140
    C) limited the terms of office for California state legislators.
  123. Reapportionment is the
    D) redistribution of representation in a legislative body.
  124. While it has many functions, the main
    responsibility of the state legislature is
    C) making laws.
  125. Which
    of the following would be an example of a juice bill?

    • B) A legislator's office helping a constituent with a problem with the DMV
  126. Casework
    is usually handled by
    C) A legislator's staff
  127. There is plenty of evidence to support the idea
    that legislators are more likely to focus their efforts on representing those
    groups that
    A) give them money in the form of campaign contributions.
  128. The
    assembly speaker has all of the following powers EXCEPT for
    D) selecting which assembly members may run for reelection.
  129. The speaker pro tempore
    D) presides over assembly floor sessions in the absence of the speaker.
  130. Which
    of the following does NOT usually influence appointments of assembly members
    and state senators to standing committees?
    A) Public Opinion
  131. Which
    of the following arguably plays a very important role in initially determining
    which individuals will run for office and stand a good chance of winning?
    A) The political parties
  132. In
    recent years, reapportionment and redistricting have come to be seen as a way
    D) “fixing” legislative districts to guarantee the election of party favorites.
  133. Currently,
    there is a _________ limit in the California assembly.
    B) three-terms
  134. According
    to the textbook, the real contest for California’s legislative seats takes
    place when?
    C) During the state primaries and elections
  135. In
    2008, California voters approved the Voters FIRST initiative, which
    E) attempted to reduce the impact of partisanship in redistricting.
  136. Joint rules:
    B) are guidelines for cooperation between the two chambers of the legislature.
  137. Who
    can introduce bills for consideration?
    A) Only members of the state legislature
  138. Oversight
    involves the legislature’s duty to
    D) oversee the implementation of laws and the officials who are charged with implementing them.
  139. fiscal committees.
    The most important type of standing committees
  140. After
    the governor nominates an appellate or supreme court justice, the nominee must
    be confirmed by the
    A) Commission on Judicial Appointments.
  141. Which
    of the following types of offenses are NOT covered as part of California’s
    criminal law?
    B) Malpractice
  142. Who
    is the principal public prosecuting officer at the county level?
    B) The district attorney
  143. Which
    of the following is NOT a requirement of jury duty?
    E) Having at least a high school degree or equivalent
  144. Grand
    juries have been criticized for all of the following EXCEPT
    C) wielding too much power.
  145. After
    being appointed, appellate and supreme court justices must be approved by a
    majority of voters for a term of twelve years.
  146. Plea bargains are generally the result of
    f C) efforts to lessen the increasing caseload faced by the courts.
  147. Which
    of the following is NOT true of small claims courts?
    C) No appeal of small claims court decisions is allowed.
  148. Appeals in death penalty cases in California
    D) go straight to the state supreme court.
  149. California
    courts of appeals have original jurisdiction over all of the following types of
    cases EXCEPT

    A) death penalty cases.
  150. Misdemeanors
    are crimes that mandate punishment by
    C) fines and/or imprisonment in a county jail for a year or less.
  151. According
    to the textbook, the California prison system suffers from ALL BUT WHICH of the

    A) Overcrowding
    B) Extreme violence
    C) Corruption
    D) Substandard services
    E) The California prison system suffers from all of the above.
  152. District
    attorneys are responsible for all of the following EXCEPT
    D) administering county jails.
  153. In a civil trial, guilt must be proved...by?
    C) BY a preponderance of evidence **STUDY**
  154. Which of the following is NOT true? C) For the foreseeable future, the debate
    about same-sex marriages in California has likely ended.
    C) For the foreseeable future, the debate about same-sex marriages in California has likely ended.
  155. 4. Which of the
    following is NOT part of a defendant’s Miranda rights?

    E) The right to habeas corpus.
  156. 1. The Bill of
    Rights was enacted in response to fears that

    B) the Constitution did not do enough to protect the rights of individuals.
  157. The form of speech typically viewed by the courts as least
    deserving of protection under the First Amendment is

    C) commercial speech.
  158. The clear and present danger test is used to test the balance
    between national security and individual free speech.
  159. In crimes involving sentences of less than six
    months, criminal defendants may be forced to accept bench trials.
  160. 10. Discrimination
    in the United States

    C) continues to be perpetuated by social conditions that are a legacy of past discrimination.
  161. Civil rights issues concern the freedoms and due process accorded to individuals.
  162. The Supreme Court has rejected all efforts to consider race as a factor in the college admission process.
  163. 9. Even today, some forms of discrimination are legal in the United States.
  164. During the impeachment trial of President Clinton, Senator Paul
    Wellstone argued that “In the case of presidential impeachment, it’s especially
    important to consult public opinion, because one’s being asked, in effect, to
    overturn a popular election.” Wellstone’s claim is an argument in favor of the... representation?
    D) delegate model of representation.
  165. The founders expected the _____ to be the heart of the new
    C) legislative branch
  166. Senator X of Alaska supports Senator A’s initiative to have a
    tunnel built in New Jersey. Senator X expects that this support will end up
    with Senator A’s repayment in kind one day. This is an example of

    A) logrolling.
  167. The legislative committee system used in the U.S. Congress today
    was initially established in

    B) 1810 by the Congress itself.
  168. In general, congressional committees
    A) are where most important decisions in the Congress are made.
  169. In 2005, Republicans proposed a “nuclear option” to deal with
    Democratic efforts to

    A) block presidential appointments.
  170. 1.Thomas Paine’s argument that “act in the same manner as the
    whole body would act, were they present” is an argument in favor of the trustee
    model of representation.
  171. 2. A great deal of the work of legislators is comprised of
    casework, which includes answering the letters and phone calls of constituents requesting
  172. 7. When a bill is designated as “open” by the House Rules
    Committee, it means that amendments can be added to that bill during floor
  173. 9. Earmarks are
    sometimes referred to as pork-barrel legislation.
  174. The “Bridge to Nowhere” in Alaska became a
    symbol of the problems of earmarks in congressional legislation in 2006.
  175. The
    requirement that police officers inform arrested suspects of their Miranda
    rights was imposed by
    C) a decision of the U.S. Supreme Court.
  176. The power of judicial review is
    specifically articulated in

    E) nowhere in the Constitution.
  177. Which
    topic is NOT a part of Article III of the Constitution?

    B) Judicial review
  178. Sitting
    federal judges can be removed from office

    C) through the congressional impeachment procedure.
  179. Which
    of the following is an example of a judge making law?

    D) The requirement that police officers inform suspects of their legal rights
  180. The
    United States Supreme Court has original jurisdiction in a very limited number
    of cases.
  181. Appellate courts are interested in finding legal
    or procedural errors rather than truth or fact.
    TRUE (262)
  182. Case
    precedent is important because it provides predictability and stability in the
    legal system.
  183. California
    senators can run for reelection how many times?
    A) once.
  184. Which of the following is an example of
    B) A legislator’s office helping a constituent with a problem with the DMV
  185. The
    legislative process in California is

    D) very complex and difficult to understand.
  186. Rapid
    change in the California legal system is often the result of

    D) voters’ use of initiatives and referendums.
  187. Which case IS NOT mentioned in the text as
    adding to California’s reputation for crime and putting additional pressure on
    the state’s criminal justice system? (620)
    E) The O.J. Simpson civil trial
Card Set
PoliSci Exam 2
Civil Liberties, Congress, Government