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92 Cards in this Set

  • Front
  • Back
1. 1968, Cong. & pres have been same political party ONLY during 4 yrs of __ administration.
Carter or bush
2. 26th Amendment to Constitution
. gave 18 year olds right to vote
3. After passing the House w/ necessary 2/3 majority, senate failed by 1 vote in early 1995 to send proposed amendment to several states that would have
required balanced federal budget
4. Bicameral nominating convention would reduce substantially
. role of direct presidential primaries
5. Perhaps the primary factor contributing to George Bush’s drop in public opinion polls after early 1991 & his 1992 defeat to Clinton was his perceived lack of leadership w/ respect to
6. 1992 pres election, Perot captured 19% of popular vote and
none of electoral vote
7. some types of gov’t aid to religious schools permissible if the child real recipients of the aid:
equal access
8. Compulsory school prayer was outlawed by SC in
d. Engel v. Vitale
9. SC consistently has held that state laws banning the teaching of evolution in the public schools
10. Primary problems under Art of Conf that the new constitution was intended to rectify was
economic/ political instability
11. SC’s decision in Chisholm v. Georgia was specifically overruled in
11th am
12. ? whether material tends to “deprave & corrupt those minds open to such immoral influences” involves what is historically called
Hicklin rule
13. Stanley v. Georgia deal w/ issue of
private possession of obscene material
14. SC’s ruling in Osborne v. OH deals w/ issue raised 1st in
NY times v. Sullivan
15. Which of following does not have to prove actual malice to be awarded libel damages?
private citizens
16. Which of following persons actually used phrase “a wall of separation”
Thomas Jefferson
17. In ___ SC created gag order as a violation of 1st am.
Near v. Minn
18. in NY times v. US SC allowed publication of
pentagon papers
19. Based on your knowledge of prior court decisions, which of following would not be considered de jure segregation?
"school district’s estab. Of a “magnet school” where only kids of African ancestry may attend or
20. First Negro to serve on SC
Thurgood Marshall
21. Hopwood v. Univ of Texas, 5th circuit appeals court ruled that Univ could no longer
race based admission policy
22. Which of following desegregated admission to UT law school in Austin?
Sweatt v. Painter
23. Rubric describing most federal efforts to integrate American society during 1970s is
affirmative action
24. Bakke v. University of California treats racially based admission standards to a ___ school
25. SC approved and continues to approve the use of cross-district school busing for purpose of racial integration in public schools
26. Private secondary schools can legally refuse to admit students on the basis of race
27. Which of following terms was commonly used by advocates of continued racial segregation in public schools?
freedom of choice
28. Famous case of ___ upheld state laws requiring blacks to use separate but equal facilities
Plessy v. Fergurson
29. Of cases listed below, only ___ was decided in 19th century.
Gaines v. Canada or Plessy v. Ferguson
30. Earliest case in this seqs, ___ outlawed the White Primary
Smith v. Allwright
31. Integration of our public schools with all deliberate speed is a quote from ____
Brown II
32. Case effectively granted blacks the legal right to vote in south
smith v. allwright
33. State laws in South requiring Blacks to use separate public facilities were referred to as
Jim Crow laws
34. Which of following am were passed shortly after end of civil war?
35. What phrase did SC use in late 19th century to reconcile state-law enforced segregation in the south w/ constitutional based demands for equal protection
separate but equal
36. Which of following has not been declared a fundamental right by SC requiring “strict scrutiny” of laws interfering w/ right to
interstate travel or education
37. Which of following are considered immediately suspect classification subject to strict scrutiny under the 14th am equal protection clause?
38. A state law requiring a person convicted twice of crimes involving moral turpitude would be sterilized would be subjected to scrutiny stated the court in
skinner v. ok or buck v. bell
39. Which of following cases did not deal w/ affirmative action?
Hoffa v. city Las Vegas
40. Which am granted women right to vote?
41. SC generally refused to grant strict scrutiny to challenges to state laws brought by which
42. Most discrimination cases argued asserting that a gov’t has violated ___ clause of consti.
equal protection
43. Was the constitution amended to include equal rights amendment?
44. Ailan Bakke, in Bakke v. CA was
45. Affirmative action was originally envisioned & largely used to remedy ___discrimination
46. In your text, literacy tests have been discussed in connection w/ right to
47. A local ordinance or state law which negatively impacted on ___ as a group would likely be subject to strict scrutiny by SC.
48. As it is currently interpreted by SC
no, no
49. The privacy doctrine was first formulated by the court in which decade?
50. Two of leading privacy doctrine cases focused on
rights of Americans to purchase contraceptives
51. Prior to Roe v. Wade, most states allowed abortion to protect the life of the mother.
52. Under the Roe v. Wade decision does absolutely nothing to legally compel a pregnant woman to have an abortion, a doctor to perform the abortion, or a hospital to provide the care linked to the abortion.
53. A close reading of Roe v. Wade abortion decision supports the conclusion that states may still ban certain abortions & jail those performing them.
54. The court recently extended the privacy doctrine to overturn Virginia’s sodomy statute.
55. What process explains why some of the elements of B of R restrict the actions of individual states while others do not?
selected incorporation
56. You hear 2 lawyers talking about the “exclusionary rule” & you know immediately that they are talking about
admission of evidence in a trial
57. Which of the following has not been declared a fundamental right by SC?
58. Constitutional support for the existence of rights not enumerated in the b of r can be found in the ___ am?
e. 11th
59. Reynolds v. Sims and ____ require the each electoral district in an election must have about the same population as comparable electoral districts.
baker v. carr
60. to win in a libel case, the plaintiff must show ___ & ___ on the part of the defendant.
negligence, falsity
61. in studying for this exam, surely you mentioned actual malice in thinking about __ materials
freedom of press
62. The doctrine of prior restraint would normally be mentioned in the context of a discussion of:
freedom of press
63. Gag order is
judicial order limiting press coverage of trial
64. The lemon test would be of interest to a ___ harassed by gov’t officials.
65. Establishment clause as it is currently interpreted forbids the following in public school classrooms except:
student prayer
66. In the famed “plastic reindeer” case, the court made an accomodationest interpretation of the establishment clause
Lynch v. Donnelly
67. Constitution by court permits funds to be used in church-operated schools to purchase all following except:
d. textbooks
68. Constitutional protected rights allow you to send children to church related grade school.
69. in 1940s, ___ involved in several cases challenging state regulations of infringement upon religious beliefs.
Jehovah’s Witness
70. Free exercise was incorporated in SC case of __
Cantweell v. Conn
71. Referring to state laws or city ordinance challenged before the court, the combination of secular purpose, primary effect, & no excessive entanglement is called
Lemon test
72. Parallel place doctrine deals w/
conscientious objection to military service
73. 1st American colony that acted to protect religious freedoms was jefferson’s
74. Lawyers mentioning “equal access” as that term used in text would probably be talking about the rights of ___ to use public facilities.
church groups
75. Court ruled in Zorach v. Clauson that “released time” was clearly in violation of 1st am rights
76. Prior to 1937, in its effort to limit governmental restrictions on property rights & big business, the SC cited at one time or another all following doctrines except:
equal protection of laws
77. According to text of Constitution, am may be proposed for ratification by all except
78. According to Constitution, am can be ratified by any of following except
majority in us house & senate
79. United Nations Declaration of Human Rights approved by UN in
c. 1948
80. Early in our course, we contrasted positive & negative rights. United nations declaration of human rights contains negative rights. Does it contain positive rights as well?
no or yes???????
81. To find the constitutional basis for the privacy doctrine, the best place to look is
b. 9th
82. ___V____ contains courts abortion ruling
Roe v. Wade
83. Under new court ruling, states must pass legislation, to protect the health & welfare of the mother, regulating the operation of abortion clinics.
84. In the decision to file any type of civil suit seeking a financial award, the foremost concern of the plaintiff and his lawyer is ___
financial resources of the respondent
85. To understand the origins of the court’s notion of “symbolic speech” read
Khory v. Dallas
86. Which decision supports claim that a state can buy a computer for a church related public school w/o violating the “no establishment” clause?
Mitchell v. Helms
87. Many youngsters don’t receive religious instruction. You want to persuade your local school board to let those students wishing to leave school early Friday afternoon to come to your church for religious instruction. From reading ____, you know that this procedure does not violate the 1st am.
Zorach v. Clauson
88. Based on lectures, is there any ban in US constitution to gov’t funding of church based secular social services.
89. “Charitable” Choice in current American usage refers to
Gov’t funding churches to provide welfare services
90. De jure segregation =
separation allowed by law
91. De facto Segregation =
separation as result of practice & custom
92. Everybody has the right to rest & leisure including reasonable limitation of working hours & periodic holidays w/ pay is from
UN declaration of human rights