Chapter 5

  1. Which of the following is not an example of a Civil Liberty?
    Right to vote.
  2. Most of the cases heard by the U.S. Supreme Court in the first few years after the ratification of the Constitution dealt with
    Clarifying the division of powers between the federal gov'ts and the states.
  3. The U.S. Supreme Court first interpreted the right of freedom of speech afforded by the Bill of Writs as a restriction on state gov'ts in the case of
    Gitlow v. New York
  4. The first decision in which the U.S. Supreme Court interpreted the protections afforded under the Bill of writs as limits to actions of the states in the case of
    Gitlow v. New York
  5. Which provision of the 5th Amendment has not bee incorporated to provide protection against actions by State Gov'ts and local officials?
    The right to a Grand Jury
  6. Constitutional protections against self-incrimination and prohibitions on double-jeopardy can be found in the
    6th Amendment
  7. The right to a speedy public trial by jury, to legal counsel, and to confront witnesses against you all guaranteed by the
    6th Amendment
  8. The ___ Clause can be characterized as providing freedom of religion
    establishment clause
  9. Which of the following is part of the Lemon Test?
    • -Whether the law or practice has a secular purpose
    • - Whether the primary intent or effect of the law is to advance or inhibit religion
    • -Wheter the law or practice creates an excessive entaglement of government and religion
  10. When the Gov't seeks to interfere with a fundamental right, it must generally demonstrate that
    No one will be harmed
  11. Congress enacted the Religious Freedom Restoration Act in order to
    Overturn the decision in Gonzales v. O Centro Espirita Beneficente Onaio do Vegetal
  12. Claims that prohibitions against prayers in public schools violate an individual's Constitutional Rights can be argued to be false because
    the prohibition against school prayers applies only to official endorsment of such prayers
  13. In protecting freedom of speech the courts have historically
    limited free speech only in the case of advertising
  14. In the famous majority opinion written in the case of Schneck v. U.S., Oliver Wendell Holmes established the
    Clear and Present Danger Test
  15. The form of speech typically viewed byu the courts as least deserving of protection under the first Amendment is
    political speech
  16. Which of the following is NOT a limit on freedom of speech generally accepted by the courts as constitutional?
    prior restraint
  17. Which of the following statements about repoter's privilages is true?
    While some states have passed shield laws, federal courts have refused to recognize a constitutional privilage nationwide.
  18. The exclusionary rule prevents
    The prosecutor from using improperly obtained evidence
  19. Which of the following is not a part of the defendants Moranda Rights?
    The right to habeas corpus
  20. Until 1968, the righ to a trial by jury in the U.S. applied only to
    Federal Trials
  21. A proceeding in which a veridict is determined by a judge with out a jury is known as
    evidentiary proceeding
  22. In the case of criminal law, bifurcated proceeding referrs to the separation of
    guilt and sentencing phases.
  23. The right to privacy is generally guaranteed
    nowhere in the Constitution.
  24. If the Roe decision were overturned by the U.S. Supreme Court, the most likely impact would be that
    abortion would be illegal across the country.
  25. The Declaration of Independance's procalamation that " all men are created equal" reflects the founder's belief in
    Political equallity as an essential part of the natural world.
  26. Policies that value equal ecconomic statusanda attempt to provide such status through social provision of housing, health care, education and gov'tal services are characterized on their emphasis on
    equality of condition.
  27. Policies that provide the foundation for equal participation in the social, economic, and political sphere but which also attempt unequal results in income, political power and property ownership are characterized by their emphasis on
    political equality
  28. Categorical descrimination refers to the unfair treatment of individuals on the basis of their
    • -political beliefs
    • -national origin
    • -race,gender, or disability
    • -income
  29. Which of the following groups was able to participate in government established immediately after the revolutionary war?
  30. Which of the following was NOT a method used to prevent African Americans from excercising the right to vote?
    pasing legislation eliminationg the right of blacks to vote
  31. Jim Crowe laws were enacted after the Civil War that
    mandated strict racial segregation.
  32. The efforts by African Americans to guarantee their basic civil rights, prohibit racial discrimination and protect their voting rights centered on which pathway?
    grassroots mobilization pathway.
  33. Black codes and Jim Crowe laws are examples of
    De jure segregation
  34. The court pathway was used by NAACP because
    • restrictions on voting by african americans closed the elections pathway
    • -commitees were dominated by southern conservatives, closing the lobbying pathway
    • -segregation was deeply entrenched in the cultural foundations of america, closing the cultural change pathway
  35. Which of the following is not a claim to violations of civil rights?
    A woman is fired from her job because she is preggers!
  36. In general, court decisions on the area or civil rights have
    Limited to what the government can do to enforce certain forms of dicrimination
  37. In evaluating claims that a specific law or policy violates the equal protection clause by discriminating against an individual on the basis of factors other than race, national origin, or gender, the Courts generally employ
    the lemon test
  38. Women, African Americans, and Latinos all used the ___ pathways to gain the right to vote and to produce laws against discrimination in employment, education and other contexts.
    grassroots mobilization and courts
  39. which of the following correctly places the expansion of the legal (de jure) franchise in the USA in chronological order?
    • Women
    • African Americans
    • Young Americans
  40. The National Women Suffrage Organization was founded by
    • Susan B Anthony
    • Elizabeth Cady Stanton
  41. After the Civil War, women's rights activists called for Universal suffrage. What did they mean by this?
    The right of all adult citizens to vote.
  42. The franchise was extended to the women in the USA by the
    19th Amendment
  43. The passage of the twentysixth Amendment was heavily influenced by the
    Vietnam War
  44. Cesar Chaves is most well known for his
    role as a farm worker organizer
  45. The Bill of Rights has been fully incorporated to provide individuals with protectioin against actions by federal and state gov'ts
  46. The right to a grand jury must be provided by both the states and federal government.
  48. Improperly obtained evidence may be used in nontrial proceedings such as grand jury proceedings and parole revocation hearings.
  49. The Bill of Rights both describes the legal protections of individuals and imposes limits on the power of the government
  50. When the USA legal system is decribved as having a dual court system, it means that
    There are two types of courts ;


  51. Decisions of the US Supreme Court became final when the
    majority opinion is written
  52. Civil Liberties are
    Individual freedoms and legal protections that cannot generally be abridged by the GOV'T
Card Set
Chapter 5
Part 2, Study Guide-Test 2