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148 Cards in this Set
- Front
- Back
Symbols are used to express which of the following?
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Power, Faith, Protest
Answer: All of the above |
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Cohen v. Cali, the Skokie Case, and R.A.V. v. Minnesota are all examples of cases dealing with-
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Symbolic Speech
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Which of the following is NOT part of the Roth test?
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Patently obscene
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The Roth case holds that ___ is NOT protected under the first amendment.
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Obscenity
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Which of the following is a reason for prohibiting child pornography?
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All of the above
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Tinker v. Des Moines ISD & US v. Obrien are examples of-
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Symbolic speech
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In RAV v. Minnesota, the Supreme Court decided that laws against hate crimes are the same as those of hate speech.
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False
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In US v. Obrien, one of the main outcomes was the decision by the court that-
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A legitimate gov't interest overrides incidental limits on free speech.
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What act of symbolic speech was the concern of Texas v. Johnson?
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Flag burning
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In Cohen v. California, the court ruled that prohibiting certain words solely bc of their shocking content ___ the first amendment.
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Violates
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New York Times v. US involved an attempt by the Nixon administration to stop the NY Times from publishing the Pentagon Papers. Which of the following is true?
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The court reasoned that guarding of military and diplomatic secrets is fundamentally undemocratic & refused to stop the paper from publishing.
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The story of Frank Snepp demonstrates:
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Not everyone who seeks to enforce his or her constitutional rights in the courts will win.
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Which of the following observations supports the argument that the mainstream press has failed to perform its role in as conduit in the marketplace of ideas?
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All of the above.
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According to Prof. Kens, a gag order (in which a court prohibits talking to the media about an ongoing trail) is an example of:
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Regulation of the media
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According to the short video clip Dr. Kens played in class last Tuesday, is there a corporation running for Congress?
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Yes
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According to the video we watched in class, Free Speech for Sale, the largest industry in North Carolina is:
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Pig Farming
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One of the themes of the video Free Speech for Sale is the use of issue ads in campaigns. According to vid, issue ads are regulated by campaign finance laws.
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False
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In the video Free Speech for Sale, there was a segment in which Jim Hightower did an imitation of a Mickey Mouse. What bill was Hightower criticizing with his imitation?
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Telecommunications Act of 1996
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In RAV v. Minnesota the state law-
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Prohibited burning cross or other symbols based on race or gender
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What is one of the reasons why the Supreme Court overturned Tinker v. Des Moines ISD?
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The school did not prevent all symbols, only a particular symbol aimed at protest against the Vietnam War
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In class Kens said that the recent Supreme Court decision regarding campaign finance reform is based upon three principles. Which one does he agree with?
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Spending money is a form of symbolic speech.
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In FCC v. Pacifica Foundation, Justice Brennan wrote the dissenting opinion. What reason did Justice Brennan give for this?
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1. Reduces the adult listeners to listening to child content
2. Radio & TV censorship is dangerous bc the broadcast media is intrusive |
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In class, we discussed a number of ways in which the internet is used as a democratic means of expressing ideas. Of the following ways, which one did we discuss in class?
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All of the above
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In class, we discussed a number of nations that control & limit access to the internet in order to control & limit political dissent. Which of the following is NOT one of the nations we discussed?
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Russia
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In Schenk v. US, the struggle between the fear of unlawful action that might be provoked by speech and the promise of the 1st amendment produced what famous constitutional principle?
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The clear & present danger rule
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What did Reverend Cleaver believe about the 1st amendment?
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We should not restrict people's first amendment rights, so long as it does not interfere with another groups right to exist.
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How did Reverend Cleaver portray the KKK?
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All of the above
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What sensitive subject was at the center of US v. The Progressive?
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Nuclear weapon secrets
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The atomic Energy Act of 1954 gave the gov't-
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Power of censorship
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What did Griffin Bell say about the outcome of US v. The Progressive?
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Both A & B
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Lyng v. Northwest Indian Cemetery Protective Association deals with what first amendment right?
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Freedom of religion
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Hobson v. Wilson deals with what first amendment right?
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Freedom of assembly
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The DC Circuit of the US Court of Appeals upheld the jury's verdict of Hobson v. Wilson for what reasons?
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Both A & B
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How did Adam Smith propose that religion could fit into American public life?
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Open competition among groups, including businesses, political factions, and religious sects
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The Blaine Amendments, which prohivited the use of state funds to support religious education, represented an early form of what mainstream constitutional ideology?
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Separation of state & church
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In Everson v. Board of Education of Ewing Township, what previously uneforced constitutional clause did the Supreme Court apply?
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Establishment clause
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Tudor v. Board of Education centered around what contraversial action?
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Distribution of bibles to public elementary school students
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In 1956, New Hyde Park School District posted an "interdenominational" verson of the 10 commandments in every classroom. One of the groups that supported was the Parents-Taxpayers League. What reason did the president give support of the school districts action?
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They believed in a separation of church and state, but not the separation of God and state
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According to Lawrence Roth, the primary litigant in Engle v. Vitale, religious training is the prerogative of whom?
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The parent
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In Justice Bernard Myer's view, the regents' prayer was voluntary, nonsectarian, and constitutional.
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True.
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Although the Supreme Court ruled that the regent's pryaer was unconstitutional, what problem did they grapple with the most?
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How far the principle of the separation of church and state should be extended
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Which of the following is NOT a reason why critics were up in arms about the Engle decision?
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They believed the Supreme Court was pro-communist
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What reason was given for the firing of Madalyn Murrary from her job at the Baltimore Department of Publem Welfare?
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She had brought disgrace to the city for filing a lawsuit demanding the removal of all prayer from school.
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Since the 1970s, what has been one of the primary goals of the religious rights in the US?
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To overturn US Supreme Court decisions that are based on the belief that the Founding Fathers meant to separate church & state
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In class, what did Kens say was common to the following countries: Israel, Palestine, Lebanon, Pakistan, & India?
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All are conflicts rooted in religious differences.
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Removing religion from politics is the same as the separation of church and state.
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False.
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Which of the following is NOT one of the reasons supporting school prayer that we discussed in class?
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None of the above.
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Why does Kens believe that the establishment clause is controversial
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Both
A. Because of faith and fear B. The quesion of what separation of church & state actually means |
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Which of the following is a problem in attempting to remove religion & politics?
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All of the above.
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According to Kens, liberty can only be viewed as a zero sum game in which more gov't equals less liberty
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False.
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Which of the following are included in Article 1, sections 9 & 10 of the US Constitution?
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All of the above
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The first ten amendments to the Constitution are known as the
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Bill of rights
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In the case of Barron v. Baltimore, what did the Supreme Court rule?
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The Bill of Rights DOES NOT apply to the state
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Which of the following clauses is part of the 14th amendment, passed in 1868?
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Due Process Clause
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The period of 1873-1937, known as the "laissez fair era" is known as a time when the Supreme Court assumed the role of overseeing
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Economic Regulation
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Which of the following was a result of the so-called "constitutional revolution" in 1937?
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Liberty of Contract doctrine was rejected by the Supreme Court
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In Griswold v. Connecticut, Justice Douglas came up with what doctrine?
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Right of privacy
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What did the outcome of Roe v. Wade do?
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All of the above
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What did the outcome of Roe v. Wade NOT do?
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All of the above
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In Planned Parenthood v. Casey, the Supreme Court ruled that
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the essential holding of Roe v. Wade should be retained and reaffirmed
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Carhart 1 & Carhart 2 are examples of what current political issue?
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Partial birth abortion
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According to Kens, court decisions in effect reached a "compromise" on Roe v. Wade
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True
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In class, Kens gave a number of reasons why he suspects that the problem of fun violence may be getting worse. Which of the following did he discuss?
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All of the above.
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What is the primary theory behind gun control?
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Decrease the number of guns, decrease the amount of violence
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The Gun Control Act of 1968
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Restricted importation of surplus military guns
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Proponents of gun control believe that the Brady Bill does not go far enough because
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It is a general eligibility permitting system
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Advocates of gun control argue that
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the 2nd amendment is intended to facilitate the creation of independent state militias
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The cases of US v. Emerson and DC v. Heller are examples of a constitutional debate of what amendment
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2nd amendment
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Which of the following is an example of cruel and unusual punishment mentioned in class
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Both
A. Branding B. Whipping |
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Which of the following are arguments mentioned in class IN FAVOR of the death penalty?
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All of the above
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Which of the following is NOT a reason for wrongful conviction
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None of the above
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According to Kens, why is it easier for the IRS to go after low to middle income people as opposed to highter income pll?
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It is easier to win a case against them
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What town was the first to outlaw the possession of handguns inside the home
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Morton Grove, IL
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The case of Engblom v. Carey was brought before the court under the
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3rd Amendment
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What was the original charge against Alan McSurely in the case of McSurely v. McClellan
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Sedition against the Commonwealth of Kentucky
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What is the most basic aspect of a traditional 4th amendment search?
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It must be pursuant to a warrant that is based on probable cause
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Many defense attorneys feel that the grand jury system is sunfair to the accused because they are not allowed to present a defense or to speak on their own behalf
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True
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What was George blow's argument to the court regarding Everett Green's murder conviction?
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When the first jury found Green guilty of 2nd degree murder, it was implicitly acquitting him of 1st degree murder, and to try him for 1st degree murder was a violation of his 5th amendment right now to be subjected to double jeopardy
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Why is the 5th amendment right against self-incrimination often regarded as one of the least popular?
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It is often perceived as a shield for the guilty rather than shield for the innocent
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What is the CINA program set up to do?
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Protect children in need
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What is the job of cotton classers in Azerbaijan?
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Both
A. Analyze the grade of the cotton B. Analyze the quality of the cotton |
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Why are ag subsidies in the US so despised globally?
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They suppress the price of cotton, making it easier for the US to sell cotton to the world at below market prices
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What country was the first to certify organic cotton
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Turkey
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What country is both the leading importer and exporter of cotton
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China
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Who is often credited for the invention of the blue jean?
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Levi Strauss
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What is the main problem Cambodia has in eradicating sweatshops?
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The labor laws
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The NCL required their clients to meet 4 conditions in order for their products to be carried. Which of the following IS NOT one of the 4 conditions?
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The manufacturing of products could be suncontracted out to other parties
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According to Morris Fiorina, is there a culture was going on in the US right now?
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No
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The ideas of the 50:50 nation and the 49% nation refer to what?
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The closeness of the national elections, with the winning party receiving around 49% the vote
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Which of the following are reasons given by Fiorina to describe why so many Americans belive that America is polarized?
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All of the above
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According to the book Culture Wars, red state residents are just as likely as blue states to believe that large companies have too much power and think that corps make too much profit
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true
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partisan polarization is the same thing as popular polarization
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false
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in 2000, residents of red supported legal abortion in about 3.5 out of 6 circumstances, while residents of blue supported abortion about 4 of 6 circumstances. what does this tell us about the attitude of Amercans towards abortion?
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The difference in attitudes regarding abortion is smaller than the political commentary would lead most to expect
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Why is it tough for scholars to describe the attitudes of Americans toward homo?
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Public opinion in this are has been changing rapidly.
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What issues have become important electoral cleavages in recent years?
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All of the above
A. Religion B. Economics C. National Security |
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According to Fiorina, conflict is the human condition, and conflict is the basis of politics-conflict of wants, conflict on interest, and conflict of values.
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True
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When the framers of the Bill of Rights enacted the 4th and 5th amendments, they primarily had in mind
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Creating a counterweight against tyranny
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One of the most dangerous provisions of the RICo statutue iss
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its provision for civil forfeiture
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In class, we mentioned one feature of the Patriot Act that is so broad that it could pose a danger to political freedom. That provision is
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The definition of domestic terrorism.
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In the lecture on equality what was the significance of the 3/5 clause?
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recognized slavery as an institution
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What was the Supreme Courts reasoning for finding part of the Missouri Compromise unconstitutional?
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The provision that declared slaves were free if they moved to a free state deprived slave holders of their property without due process of law
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what three amendments were known as the civil war
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13, 14, 15
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The "seperate but equal" doctrine came out of what Supreme Court decision
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Plessy v. Ferguson
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What was the logic behind the separate but equal doctrine?
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separate facilities for blacks and whites were constitutional, so long as the facilities were equal
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what was one of the arguements in Sweat v. Painter why the separate but equal clause was unconstitutional
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Both A & B
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Brown v. Board of Edu overturned Plessy v. Ferguson
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True
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What issue does Swan v. Charlotte Board of Edu and Milken v. Bradley have in comon
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School bussing
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Which of the following are examples of discrimination in American history
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All of the above
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what is the difference between de jure discrimination and de facto discrimination
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de jure is written into law while de facto is custom
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what is the constitutional source of civil rights laws
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the equal protection clause
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which of the following are laws aimed at specific types of discrimination
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all of the above
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what are the 2 concepts on how the court decides equal protection cases?
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both a & b
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what does the 18th century common law concept of coverture refer to
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all of the above
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the slaughter house case of 1873 gave women the right to free speech and the right to enter certain professions
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false
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which of the following views of equality did we discuss in class
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all of the above
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what congressional act helped give rise to affirmative action?
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civil rights act of 1964
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what did the title IX of the civil rights act do?
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required universities and high schools to provide equal funding for both mens and womens athletic opportunities
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what issues regarding affirmative action did we discuss in class
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all of the above
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what do the cases of Regents of Cali university v. Bakke, Hopwood v. Tx, and Graz and Hammacher v. Bollinger hav ein common?
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racial discrimination in education
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what is the rule of capture in texas?
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if you sit on top of a source of water, you can take as much as you want
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what did the magna carta do in terms of property rights?
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protected property from being taken away arbitrarily
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which of the following theories of original ownership did we discuss in class
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all of the above
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what were the issues that led to fletcher v. peck
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yazhoo land scandal
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what issue regarding the meaning of the 5th amendment was brought up in kelo v. new london
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what constitutes public use?
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US manufacturing workers do not have an competition from countries such as China, Cambodia, and Vietnam
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false
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In class, Kens described his definition of "corp connected" what did he mean?
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idea that pll who run corps and work for them obtain many of the benefits of society
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Corp social responsibitlity is the idea that instead of worrying about consumerism and regulation, we should depend on corps recognizing that it is in their interest to be socially responsible
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true
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what is the difference between implied power and express powers
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implied powers are not written, while expressed powers are
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what do the cases of Gibbons v. Ogden, Hammer v. Dagenhart, US v. EC Knight, and NLRB v. Jones and Laughlin Stell have in common?
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They all deal with the issue of the power of the federal gov't to regulate commerce.
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In clas, we discussed 3 diff types of foreign policy. Which of the following did we NOT discuss?
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None of the above
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In class, we discussed 3 diff types of foreigh policy. Which of the following did we discuss?
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All of the above
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Which of the following examples of the threats facing US national security did we discuss in class
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The rise of China
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Who makes foreigh policy in the US
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All of the above
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According to the book In Our Defense, the focus of the due process clause is on the procedure itself
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True
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What is the eminent domain?
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The power of the gov't to take private land and use it for public use
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In Furman v. Georgia, the Supreme Court held that-
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The way in which the death penalty was administered at the time violated the 8th amendments prohibition against cruel and unusual punishment
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Which 2 amendments were the focus of the Myron Farber case?
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1 & 6
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According to the Supreme Court, what is the "unique strength" of our criminal justice system?
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The right to a fair trial
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According to In Our Defense, which amendment is most likely to directly affect and disrupt an avg citizens life?
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7th
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Why is the case of Lochner v. New York so important in American constitutional history?
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In involved a question about the extent to which people could look to gov't to solve what they saw as the day problems
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What was a major claim leveled by critics seeking workplace reform?
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The enviroment and working conditions could lead to a disease called consumption
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According to Ira Steward, what is the economic basis of production?
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Consumption
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How was the practice of distributive politics reinforced in late 19 th century NY?
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a symbiotic relationship that existed between the party machine and business
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What did the Bake Shop Reform Bill of the NY State Assemby do?
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All of the above
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What were some of the arguments used by Edward Atkinson to justify his views of less gov't regulation of the economy
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Economic regualtion could lead to higher unemployment
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Tom Coleman, the undercover agent in the movie Tulie, was given the award "texas Lawman of the Year''
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True
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Tom Coleman was found guilty of perjury said:
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Released on probation
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Jeff Blackburn, the lawyer for the wrongly convicted citizens of Tulia, says the wrongful convictions were caused in part by the war on drugs and the drug taskforce program
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true
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