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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.
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Carter or bush
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2. 26th Amendment to Constitution
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. gave 18 year olds right to vote
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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
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required balanced federal budget
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4. Bicameral nominating convention would reduce substantially
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. role of direct presidential primaries
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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
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economy
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6. 1992 pres election, Perot captured 19% of popular vote and
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none of electoral vote
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7. some types of gov’t aid to religious schools permissible if the child real recipients of the aid:
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equal access
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8. Compulsory school prayer was outlawed by SC in
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d. Engel v. Vitale
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9. SC consistently has held that state laws banning the teaching of evolution in the public schools
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unconstitutional
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10. Primary problems under Art of Conf that the new constitution was intended to rectify was
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economic/ political instability
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11. SC’s decision in Chisholm v. Georgia was specifically overruled in
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11th am
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12. ? whether material tends to “deprave & corrupt those minds open to such immoral influences” involves what is historically called
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Hicklin rule
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13. Stanley v. Georgia deal w/ issue of
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private possession of obscene material
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14. SC’s ruling in Osborne v. OH deals w/ issue raised 1st in
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NY times v. Sullivan
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15. Which of following does not have to prove actual malice to be awarded libel damages?
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private citizens
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16. Which of following persons actually used phrase “a wall of separation”
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Thomas Jefferson
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17. In ___ SC created gag order as a violation of 1st am.
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Near v. Minn
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18. in NY times v. US SC allowed publication of
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pentagon papers
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19. Based on your knowledge of prior court decisions, which of following would not be considered de jure segregation?
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"school district’s estab. Of a “magnet school” where only kids of African ancestry may attend or
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20. First Negro to serve on SC
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Thurgood Marshall
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21. Hopwood v. Univ of Texas, 5th circuit appeals court ruled that Univ could no longer
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race based admission policy
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22. Which of following desegregated admission to UT law school in Austin?
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Sweatt v. Painter
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23. Rubric describing most federal efforts to integrate American society during 1970s is
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affirmative action
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24. Bakke v. University of California treats racially based admission standards to a ___ school
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medical
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25. SC approved and continues to approve the use of cross-district school busing for purpose of racial integration in public schools
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FALSE
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26. Private secondary schools can legally refuse to admit students on the basis of race
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FALSE
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27. Which of following terms was commonly used by advocates of continued racial segregation in public schools?
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freedom of choice
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28. Famous case of ___ upheld state laws requiring blacks to use separate but equal facilities
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Plessy v. Fergurson
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29. Of cases listed below, only ___ was decided in 19th century.
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Gaines v. Canada or Plessy v. Ferguson
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30. Earliest case in this seqs, ___ outlawed the White Primary
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Smith v. Allwright
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31. Integration of our public schools with all deliberate speed is a quote from ____
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Brown II
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32. Case effectively granted blacks the legal right to vote in south
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smith v. allwright
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33. State laws in South requiring Blacks to use separate public facilities were referred to as
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Jim Crow laws
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34. Which of following am were passed shortly after end of civil war?
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13,14,15
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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
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separate but equal
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36. Which of following has not been declared a fundamental right by SC requiring “strict scrutiny” of laws interfering w/ right to
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interstate travel or education
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37. Which of following are considered immediately suspect classification subject to strict scrutiny under the 14th am equal protection clause?
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1,4(5)
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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
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skinner v. ok or buck v. bell
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39. Which of following cases did not deal w/ affirmative action?
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Hoffa v. city Las Vegas
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40. Which am granted women right to vote?
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19
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41. SC generally refused to grant strict scrutiny to challenges to state laws brought by which
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all
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42. Most discrimination cases argued asserting that a gov’t has violated ___ clause of consti.
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equal protection
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43. Was the constitution amended to include equal rights amendment?
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yes
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44. Ailan Bakke, in Bakke v. CA was
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Caucasian
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45. Affirmative action was originally envisioned & largely used to remedy ___discrimination
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racial
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46. In your text, literacy tests have been discussed in connection w/ right to
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vote
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47. A local ordinance or state law which negatively impacted on ___ as a group would likely be subject to strict scrutiny by SC.
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blacks
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48. As it is currently interpreted by SC
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no, no
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49. The privacy doctrine was first formulated by the court in which decade?
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1960s
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50. Two of leading privacy doctrine cases focused on
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rights of Americans to purchase contraceptives
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51. Prior to Roe v. Wade, most states allowed abortion to protect the life of the mother.
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TRUE
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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.
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FALSE or TRUE
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53. A close reading of Roe v. Wade abortion decision supports the conclusion that states may still ban certain abortions & jail those performing them.
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TRUE
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54. The court recently extended the privacy doctrine to overturn Virginia’s sodomy statute.
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FALSE
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55. What process explains why some of the elements of B of R restrict the actions of individual states while others do not?
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selected incorporation
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56. You hear 2 lawyers talking about the “exclusionary rule” & you know immediately that they are talking about
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admission of evidence in a trial
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57. Which of the following has not been declared a fundamental right by SC?
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education
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58. Constitutional support for the existence of rights not enumerated in the b of r can be found in the ___ am?
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e. 11th
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59. Reynolds v. Sims and ____ require the each electoral district in an election must have about the same population as comparable electoral districts.
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baker v. carr
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60. to win in a libel case, the plaintiff must show ___ & ___ on the part of the defendant.
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negligence, falsity
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61. in studying for this exam, surely you mentioned actual malice in thinking about __ materials
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freedom of press
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62. The doctrine of prior restraint would normally be mentioned in the context of a discussion of:
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freedom of press
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63. Gag order is
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judicial order limiting press coverage of trial
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64. The lemon test would be of interest to a ___ harassed by gov’t officials.
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preacher
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65. Establishment clause as it is currently interpreted forbids the following in public school classrooms except:
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student prayer
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66. In the famed “plastic reindeer” case, the court made an accomodationest interpretation of the establishment clause
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Lynch v. Donnelly
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67. Constitution by court permits funds to be used in church-operated schools to purchase all following except:
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d. textbooks
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68. Constitutional protected rights allow you to send children to church related grade school.
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TRUE
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69. in 1940s, ___ involved in several cases challenging state regulations of infringement upon religious beliefs.
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Jehovah’s Witness
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70. Free exercise was incorporated in SC case of __
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Cantweell v. Conn
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71. Referring to state laws or city ordinance challenged before the court, the combination of secular purpose, primary effect, & no excessive entanglement is called
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Lemon test
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72. Parallel place doctrine deals w/
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conscientious objection to military service
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73. 1st American colony that acted to protect religious freedoms was jefferson’s
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Virginia
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74. Lawyers mentioning “equal access” as that term used in text would probably be talking about the rights of ___ to use public facilities.
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church groups
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75. Court ruled in Zorach v. Clauson that “released time” was clearly in violation of 1st am rights
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FALSE
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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:
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equal protection of laws
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77. According to text of Constitution, am may be proposed for ratification by all except
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president
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78. According to Constitution, am can be ratified by any of following except
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majority in us house & senate
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79. United Nations Declaration of Human Rights approved by UN in
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c. 1948
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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?
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no or yes???????
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81. To find the constitutional basis for the privacy doctrine, the best place to look is
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b. 9th
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82. ___V____ contains courts abortion ruling
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Roe v. Wade
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83. Under new court ruling, states must pass legislation, to protect the health & welfare of the mother, regulating the operation of abortion clinics.
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FALSE
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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 ___
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financial resources of the respondent
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85. To understand the origins of the court’s notion of “symbolic speech” read
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Khory v. Dallas
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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?
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Mitchell v. Helms
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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.
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Zorach v. Clauson
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88. Based on lectures, is there any ban in US constitution to gov’t funding of church based secular social services.
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NO
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89. “Charitable” Choice in current American usage refers to
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Gov’t funding churches to provide welfare services
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90. De jure segregation =
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separation allowed by law
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91. De facto Segregation =
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separation as result of practice & custom
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92. Everybody has the right to rest & leisure including reasonable limitation of working hours & periodic holidays w/ pay is from
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UN declaration of human rights
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