GOVT 220 Test 2
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GOVT 220 Test 2 Liberty University
Set 1
- Why has the Supreme Court upheld the government’s banning the burning of draft cards but declared unconstitutional a law banning the burning of the American flag?
- The right to be indicted by a grand jury was expanded to include state governments.
- Obscenity is protected by the First Amendment.
- Federal courts have ruled that Indian tribes using the drug peyote in religious ceremonies are exempt from any state laws that ban such use.
- In Citizens United v. F.E.C., the Supreme Court ruled that part of the McCain-Feingold campaign finance law preventing corporations and labor unions from spending money on advertisements was unconstitutional.
- What is symbolic speech?
- If you, as a public figure, are grievously harmed by the written statements of someone who cannot prove that they are true, you
- What case determined that the federal government could not ban the private possession of firearms?
- In this Supreme Court decision, the Court held that the federal guarantees of free speech and free press also applied to the states.
- In the 1980s, Puerto Rican nationalists were changed with sedition.
- Public schools may not have clergy lead prayers at graduation ceremonies.
- Corporations do not have any First Amendment rights.
- The Supreme Court ruled that the political speech of Charles T. Schenck presented a “clear and present danger” to the United States.
- The earliest incorporations of portions of the Bill of Rights relied on
- The Sedition Act of 1798 was, in part, the result of strained relations between the United States and
- FISA required the president to go before a special court to gain approval for electronic eavesdropping on people who were suspected to be foreign spies.
- In Palko v. Connecticut (1937) the Supreme Court broadly ruled that certain provisions of the national Bill of Rights apply to the states because of
- The _________ Amendment to the U.S. Constitution appeared to guarantee equal rights for blacks.
- The __________ Amendment made clear that no state may deny the right to vote on the basis of sex.
- In 1998, the Supreme Court ruled that a school system was not liable for the conduct of a teacher who seduced a female student because
- Laws that address public order and the safety and morals of citizens have traditionally been considered the focus of
- De jure segregation refers to segregation that is the result of residential patterns as opposed to deliberate government policy.
- In 1992, the Supreme Court ruled that schools could not be held responsible for segregation caused solely by segregated living patterns.
- In 1883, the Supreme Court ruled that racial discrimination in public accommodations (such as hotels) was unconstitutional.
- Which statement best summarizes the pertinent question of civil rights?
- One reason the NAACP’s strategy of using the courts to further black civil rights worked was that it
- Swann v. Charlotte-Mecklenburg Board of Education settled the issues of busing across city and county lines.
- In the Slaughter-House Cases (1873), the Supreme Court ruled
- In Plessy v. Ferguson, the Supreme Court ruled that the equal protection clause of the Fourteenth Amendment guaranteed political equality but not social equality.
- As its rationale for the decision in Brown, the Supreme Court relied primarily on
- In 1989, the Webster case upheld some state restrictions on abortion.
- Laws cannot treat people differently.
- The difference between de facto and de jure segregation is that
- The Supreme Court will grant cert and hear a case if at least __________ justices agree to do so.
- Which of the following courts is required by the Constitution?
- Judges in the legislative courts do not get the protections of Article III of the Constitution.
- Which is TRUE about the Senate confirming federal judges?
- The Founders expected the Court to have a large role in making public policy.
- At the outset of the New Deal, the Supreme Court was dominated by justices who opposed the welfare state and federal regulation.
- A brief is a written statement by an attorney that summarizes a case and the laws and rulings that support it.
- Supreme Court justices did not start serving long terms on the Court until the presidency of Andrew Jackson.
- The McCulloch v. Maryland decision was issued by the
- The Supreme Court entered its most active period with the arrival of Chief Justice
- Federal courts can hear all cases
- Trials can be held in the court of appeals.
- Legal periodicals such as Harvard Law Review and Yale Law Journal are frequently consulted, and citations to them often appear in the Court’s decision.
- Chief Justice John Marshall was a strong advocate of state’s rights and the supremacy of state law (over federal law).
- If California and Arizona sue each other over water usage from the Colorado River, the case can be heard only
- One basic difference between a constitutional court and a legislative court is that
- Franklin Roosevelt’s court-packing plan would have allowed him to name a new justice
Other sets
- Under the current standard, the Supreme Court insists that obscenity convictions be based on contemporary __________ standards.
- The phrase “cruel and unusual punishment” is found in the Eighth Amendment.
- Which Supreme Court justice famously stated that he could not define obscenity with exceptional rigor, but insisted that he knew it when he saw it?
- The “wall of separation” between church and state is stated explicitly in the Bill of Rights.
- In 2004 the Supreme Court decided that enemy combatants
- Most nations deal with the problem of illegally obtained evidence by
- In the 1950s, the State of New York banned a film that dealt with the topic of
- Throughout history, American courts generally have broadened the area of free expression.
- Which classic case involved prayer in public schools?
- A voucher system that allows students to choose to attend religious schools is constitutional.
- The ban on unreasonable searches and seizures can be found in the
- The fact that Americans go to court to sue one another indicates that
- The free-exercise clause protects polygamy when its practice is part of a religious faith.
- Under the USA Patriot Act, the government can tap telephones without a court order.
- In 2010, the Supreme Court ruled that the Second Amendment means one has a “right” to _________ for self-protection.
- A search warrant must describe what is to be searched for and seized.
- Military trials cannot be conducted in secret.
- Girls can be banned from Little League baseball teams.
- The Virginia Military Institute case was notable, in part, because it
- In recent years the number of blacks holding elective offices has increased steadily.
- The test that the Supreme Court has applied to laws making distinctions between the sexes is called
- In which case did the Supreme Court rule states could not ban partial-birth abortions altogether?
- Same sex marriages are legal in many European countries.
- Which president ordered that all Japanese Americans be removed from their homes in California and placed them in relocation centers far from the coast?
- A school system is not liable for the conduct of a teacher who seduces a student if the student never reports the actions.
- States can set different ages at which men and women become legal adults.
- The Supreme Court considers race a suspect classification.
- If the Equal Rights Amendment had passed, women would register for the selective service.
- Proposition 8 was voted for, overturned, and sent to federal court of appeals.
- In the Virginia Military Institute case, the Court concluded that gender discrimination must be supported by
- When the University of Michigan employed race in its decision-making process for admissions, the Supreme Court ruled that it could only be employed as a(n)
- Some argue that “zones of privacy” can be inferred from “penumbras” in the
- Quid pro quo sexual harassment occurs when the work environment becomes so hostile that a person cannot perform his or her job.
- Judges who seek to discover the general principles underlying the Constitution and then amplify them on the basis of a moral or economic theory are described as
- The judicial system is discussed primarily in Article __________ of the Constitution.
- The period in Supreme Court history from 1936 to the present has been marked by a concern for
- There are twelve U. S. District Courts.
- Which of the following is true of a suit against a government?
- Standing is a legal concept that refers to who is entitled to bring a case.
- In a typical term the Supreme Court’s workload will involve as many as ________ cases.
- A measure of the Court’s power is found in the extent to which it addresses
- The Court was increasingly activist during the tenure of Chief Justice Earl Warren.
- Party background has some effect on how judges rule.
- One problem with the Supreme Court reviewing only one percent of appeals court cases is that
- Who becomes a district judge is heavily influenced by the
- The Court’s tremendous workload has led to an increase in the power of
- Who wrote the opinion of the Court in Marbury v. Madison?
- The number of blacks, women, and Hispanics in the federal judiciary has been increasing.
- There are seven justices on the U.S. Supreme Court.
- In recent years, public approval of the Supreme Court has
Other sets
- Americans’ propensity for lawsuits indicates that “rights are in conflict.”
- Which case addressed the issue of school vouchers?
- A voucher system that allows students to choose to attend religious schools is constitutional.
- The Bill of Rights was applied to the states effective on the ratification of the Fourteenth Amendment.
- Once the Supreme Court overturned his conviction, Ernesto Miranda never served time for the crime of which he was originally charged.
- All the following are addressed in the First Amendment except
- The USA Patriot Act allows the government to tap Internet communications without a court order.
- The Supreme Court’s first interpretation of the establishment clause did not occur until the
- During the Second World War, the Supreme Court upheld the constitutionality of a trial where Nazi spies in civilian clothes were tried as “unlawful combatants.”
- The draft laws
- The reason that symbolic speech does not have the same protection as actual speech is that
- The fact that Americans go to court to sue one another indicates that
- An example of a good‐faith exception to the exclusionary rule would be if police
- Most nations deal with the problem of illegally obtained evidence by
- The courts have ruled that dogs can be used to detect drugs in schools.
- The ban on unreasonable searches and seizures can be found in the
- Libel is protected speech.
- Which president ordered that all Japanese Americans be removed from their homes in California and placed them in relocation centers far from the coast?
- The Court’s landmark decision in Rostker v. Goldberg focused on gender discrimination and
- The Supreme Court has upheld mandatory 24‐hour waiting periods for those seeking an abortion.
- The Court has allowed all the following restrictions related to abortion except
- The right to privacy suffered a setback in 1986 when the Court ruled that the right of privacy did not include
- State universities can take race into account in admitting students to colleges so long as no _________ is used.
- A school system is not liable for the conduct of a teacher who seduces a student if the student never reports the actions.
- The Supreme Court considers race a suspect classification.
- The Court’s current thinking regarding homosexuality and law is supported, in part, by the laws of other nations.
- The Supreme Court struck down the decision of Congress to bar women from combat roles.
- States can set different ages at which men and women become legal adults.
- Girls can be banned from Little League baseball teams.
- In recent years the number of blacks holding elective offices has increased steadily.
- Which state notably legalized same‐sex marriages in the mid‐2000s, inspiring other states to do the same or to tighten their restrictions?
- If the Equal Rights Amendment had passed, women would register for the selective service.
- Laws that treat different groups of people differently are unconstitutional.
- When a federal judge orders the reorganization of a state prison system in a case brought by a convict, the judge is issuing
- One reason federal courts should follow precedent is that
- Which Founding Father referred to the judicial branch as the “least dangerous”?
- Who wrote the opinion of the Court in Marbury v. Madison?
- The Supreme Court has ruled that sitting presidents cannot be sued until after they have left office.
- A measure of the Court’s power is found in the extent to which it addresses
- To illustrate the tension between activists and strict constructionists, the text discusses a case involving
- After 1974, the rules pertaining to class‐action suits were loosened to allow more cases to be brought to court.
- The function of the solicitor general is to
- The Court’s tremendous workload has led to an increase in the power of
- Taxpayer X does not think that the federal Endangered Species Act is constitutional. What will he have to show before his case can be heard on its merits?
- Congress has never changed the size of the Supreme Court.
- Judges serving in a constitutional court
- Presidents typically nominate members of their own party for positions in the federal judiciary.
- Lawsuits are caused not by lawyers but by
- In Marbury v. Madison the Court ruled that William Marbury had to be given the position for which he was appointed.
- Six Supreme Court Justices have been appointed since 1991 (two each nominated by Presidents Clinton, Bush, and Obama).
- Today, a criminal defendant has the right to a lawyer when appearing in a police lineup or when being questioned by a psychiatrist.
- The police can require a driver to take a breathalyzer test to determine intoxication.
- In free expression, neutrality refers to which of the following?
- The free‐exercise clause protects polygamy when its practice is part of a religious faith.
- The Fourteenth Amendment provides for
- The Supreme Court has upheld zoning ordinances that prohibited “adult” movie theaters near
- In a 1947 decision, the Supreme Court allowed a New Jersey town to fund busing to a parochial school because
- Corporations have all the same rights of expression as individuals.
- In general, all of the rights in the Bill of Rights now apply to the states, except for the
- All the following are addressed in the First Amendment except
- Which case addressed the issue of school vouchers?
- In many countries that have state‐supported churches, attendance
- In the Des Moines “student‐black‐armband” case, the Supreme Court ruled that the wearing of the armbands was
- An individual must believe in a Supreme Being to qualify for conscientious objector status.
- Throughout history, American courts generally have broadened the area of free expression.
- One reason the Nazi Party was allowed to parade through Skokie, Illinois, is that
- In the United States, improperly gathered evidence is excluded from a trial even if it is relevant to determining guilt.
- The Supreme Court considers race a suspect classification.
- In recent years the number of blacks holding elective offices has increased steadily.
- The Supreme Court struck down a state requirement that women contemplating abortion be given pamphlets about alternatives.
- The Court’s current test for gender discrimination emphasizes all the following except
- The 1964 Civil Rights Act did all the following except
- Proposition 8 was voted for, overturned, and sent to federal court of appeals.
- Laws can define statutory rape in such a way that only men can be punished for that offense.
- The Supreme Court has held that the Constitution must be interpreted as being color‐
- The Court’s landmark decision in Rostker v. Goldberg focused on gender discrimination and
- Which case banned so‐called “freedom‐of‐choice” plans as devices for desegregating public schools?
- Which case first asserted a “right to privacy” can be found in the Constitution?
- Some argue that “zones of privacy” can be inferred from “penumbras” in the
- Girls can be banned from Little League baseball teams.
- Racial classification must be subject to strict scrutiny
- The Court has allowed all the following restrictions related to abortion except
- The attorney general was directed to bring a suit challenging the constitutionality of the poll tax in
- An activist approach would decide a case based on the powers expressly granted in the Constitution.
- What happens when the vote of the Supreme Court is a tie?
- A diversity case involves
- Increases in the number of blacks, Hispanics, and women serving on the federal court began in the __________ administration.
- Which Founding Father referred to the judicial branch as the “least dangerous”?
- The famous “switch in time” refers to a change in the political behavior of the
- Courts are the “great equalizer” in the federal government because
- Which of the following is usually short and unsigned?
- The fastest‐growing portion of the federal courts’civil workload involves
- One problem with the Supreme Court reviewing only one percent of appeals court cases is that
- Robert Bork was appointed to Supreme Court justice in 1987.
- In Marbury, the Court focused on a technical concern, namely, that its __________ jurisdiction could not be enlarged absent a constitutional amendment.
- The Court was increasingly activist during the tenure of Chief Justice Earl Warren.
- Presidents typically nominate members of their own party for positions in the federal judiciary.
- In several European countries, judges are recruited by having them pass a test.
- A concurring opinion agrees with the logic of the majority opinion but disagrees with its conclusion.
- A judge can be both an activist and a conservative.
- Miranda has been extended to mean that one has a right to a lawyer
- The Supreme Court’s landmark decision in Texas v. Johnson focused on
- Which Supreme Court justice famously stated that he could not de ne obscenity with exceptional rigor, but insisted that he knew it when he saw it?
- The Supreme Court did not apply the Exclusionary Rule to the states until the
- One reason for adopting the exclusionary rule was
- In free expression, neutrality refers to which of the following?
- An ex post facto law declares an act “illegal”
- Lately the courts seem to be taking the position on the exclusionary rule of
- Federal aid is not permitted for building construction on a church‐supported college campus.
- In the Des Moines “student‐black‐armband” case, the Supreme Court ruled that the wearing of the armbands was
- The phrase “cruel and unusual punishment” is found in the Eighth Amendment.
- Today, a criminal defendant has the right to a lawyer when appearing in a police lineup or when being questioned by a psychiatrist.
- In a 1947 decision, the Supreme Court allowed a New Jersey town to fund busing to a parochial school because
- The right to a trial by jury can be found in the Bill of Rights.
- In America, freedom of religion is absolute.
- Once the Supreme Court overturned his conviction, Ernesto Miranda never served time for the crime of which he was originally charged.
- The Fourteenth Amendment provides for
- Early laws that limited opportunities for women sought to
- If there is no past history of discrimination, mandatory hiring or promotional plans favoring blacks is not permissible.
- The test that the Supreme Court has applied to laws making distinctions between the sexes is called
- The landmark case Swann v. Charlotte‐Mecklenberg (1971) held that
- Which state notably legalized same‐sex marriages in the mid‐2000s, inspiring other states to do the same or to tighten their restrictions?
- The Supreme Court struck down a state requirement that women contemplating abortion be given pamphlets about alternatives.
- The right to privacy su ered a setback in 1986 when the Court ruled that the right of privacy did not include
- A school system is not liable for the conduct of a teacher who seduces a student if the student never reports the actions.
- Congress has passed a series of civil‐rights laws that make it illegal to discriminate on the basis of __________ in public accommodations or in employing workers.
- Privacy is nowhere mentioned in the Constitution.
- It is clear that national public opinion is increasingly in favor of allowing gays and lesbians to marry.
- For a law to violate people’s civil rights, it must
- Laws can de ne statutory rape in such a way that only men can be punished for that o ense.
- Racial classi cation must be subject to strict scrutiny
- The Virginia Military Institute case ensured that gender discrimination cases will employ the reasonableness standard for years to come.
- The Civil Rights Act of 1964 made it more di cult to use literacy tests to bar blacks from voting.
- Supreme Court opinions are never written by newly‐graduated law clerks.
- In 2005, Congress required that class‐action suits involving people from two or more states must be heard in federal court if the claims exceed __________ million dollars.
- Relatively few cases that are appealed are granted certiorari.
- Most of the current justices on the Supreme Court had prior experience as
- When a federal judge orders the reorganization of a state prison system in a case brought by a convict, the judge is issuing
- When a citizen sues and wins a suit against a government o cial for withholding a bene t to which a citizen is entitled, such a suit is called a
- An increase in cases is not solely responsible for the sweeping remedies imposed by courts. A second factor contributing to this trend is
- Impeachment is a matter reserved for
- Increases in the number of blacks, Hispanics, and women serving on the federal court began in the __________ administration.
- The Supreme Court has ruled that sitting presidents cannot be sued until after they have left o ce.
- Which Founding Father referred to the judicial branch as the “least dangerous”?
- A diversity case involves
- The most activist periods in Supreme Court history have coincided with times when the political system was relatively inactive.
- The Supreme Court rejects about 95 percent of the applications for certiorari that it receives.
- The Court’s tremendous workload has led to an increase in the power of
- The statement, “John Marshall has made his decision, now let him enforce it!” was made by
- In conference, the __________ speaks rst when cases are debated.