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Kens POSI FINAL
Kens POSI FINAL
88
Political Studies
Undergraduate 2
05/04/2011
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Term
Which of the following is a reason for government suppression of ideas?
 Definition
• Self preservation
• Imposing morality
• A combination of the 2
Term
According to the lecture, which of the following is an example of early advances in free speech?
 Definition
Parliament claims right to absolute freedom of speech in chambers
Term
The Alien and Sedition Acts of 1798 is an example of prior restraint against freedom of speech. T/F
 Definition
True
Term
4. In the case Missouri Knights of the Ku Klux Klan v. Kansas City, the ACLU attorney representing the Klan claim public access channels are...
 Definition
a. Channels are like public forum. Once established, a public forum cannot be eliminated by the government in order to silence speech. It belongs to the people.
Term
5. In the case Missouri Knights of the Ku Klux Klan v. Kansas City the district court ruled in favor of the Klan and the city decided not to pursue the case further for all the following reasons EXCEPT...
 Definition
? It protected anybody and everybody’s First Amendment rights to freedom of speech. Two key components effecting the decision were the protection of burning the American flag in political protest and certain telephone Dial-a-Porn services passed in June by the Supreme Court.
Term
If the case United States v. The Progressive had not been applied further; Judge Warren’s ruling against The Progressive would have authorized the use of what?
 Definition
Prior Restraint
Term
The case United States v. The Progressive addresses the dilemma between the executive branch’s need for secrecy in diplomacy and defense and the duty of the press to keep citizens informed. True or False?
 Definition
True
Term
Which religious group dominated education in the United States for most of its early history?
 Definition
Protestants
Term
In the Engle case, what was Steven Engle reasoning for opposing the regent’s prayer?
 Definition
It violated the Establishment Clause of the 1st amendment
Term
How did the Second Great Awakening impact public education?
 Definition
new sects of protestant religion
Term
What was the purpose of Released- Time programs in public schools?
 Definition
Students enrolled in public schools are permitted by law to receive religious instruction during regular school hours.
Term
In the court case Tinker v. Des Moines Independent School District, school officials prohibited students from wearing black arm bands in protest of the Vietnam War, the courts ruled
 Definition
The First Amendment, as applied through the Fourteenth, did not permit a public school to punish a student for wearing a black armband as an anti-war protest
Term
The Boston Tea Party, hunger strikes and hanging effigies are all examples of what type of symbolic conduct?
 Definition
Non-verbal communication
Term
In the case Northwest Indian Cemetery Protective Association v. Peterson, the Indians filed the lawsuit claiming that their First Amendment right to exercise their religion was violated by
 Definition
The G-O road would tear down the sacred ground of the Indians on which they practiced their religion
Term
Which clause of the First Amendment forbids governments from outlawing religious beliefs or unduly burdening the exercise of a religious belief?
 Definition
Th establishment clause
Term
In the court case Church of Lukumi Babalu Aye v. City of Hialeah (1993), the Supreme Court ruled:
 Definition
The court ruled that the city ordinance was unconstitutional because it targeted the church and was not justified by a compelling governmental interest.
Term
According the Dr. Kens, which of the follow is a historical example of religious repression and violence?
 Definition
star chamber
Term
In the case Illinois ex rel. McCollum v. Board of Education, why did the Supreme Court rule against released- time programs?
 Definition
The use of public school facilities by religious organizations to give religious instruction to school children violates the Establishment Clause of the First Amendment.
Term
23. The Supreme Court’s ruling in the Engel case against prayer in school was immediately popular with the general public. True or False?
 Definition
False
Term
24. In the Engel case, attorney Bertram Daiker defended the regent’s prayer by claiming the following EXCEPT
 Definition
The prayer is worded vaguely not to promote any particular religion and people are not asked to respect any specific established religion - the prayer is voluntary.
Term
What was Catholics main course of action to Protestant dominance of public education?
 Definition
Starting their own private schools
Term
Which of the following is NOT included in the Roth Test?
 Definition
i. Appeals to the prurient interest in sex
ii. Utterly without redeeming social value
iii. Patently offensive
Term
The Equal Access law of 1984 allowed for...
 Definition
Religious clubs and organizations to be able to provide extracurricular clubs during lunch and after school.
Term
30. In the case Lee v. Wiesman, the Supreme Court ruled against the school’s use of prayer for which of the following reasons?
 Definition
Prayers led by religious figures at public school graduations
Term
In the case FCC v. Pacifica Foundation (1978), the Supreme Court
 Definition
…defined the power of the Federal Communications Commission (FCC) over indecent material as applied to broadcasting.
Term
In the case Westside Community School v. Mergens, the Supreme Court ruled
 Definition
…that the club (Bible study) could hold their meetings, however their sponsor could not be paid; this would truly be an endorsement of religion.
Term
In the case Zorach v. Clauson (1952), what was the Supreme Court’s ruling?
 Definition
Released time programs are acceptable if the instruction takes place away from the school campus, for 1 hour per week, and with no public funding
Term
The Coudert- McLaughlin Religious Instruction Bill signed by the Governor of New York allowed which public school program to grow significantly?
 Definition
Religious education in public schools/ time release programs
Term
The Roth test holds that _______ is NOT protected by the 1st Amendment.
 Definition
Obscenity
Term
What test did the court case Schenck v. United States establish?
 Definition
Clear and present danger test
Term
In case Buckley v. Veleo, the Supreme Court ruled that spending money on political campaigns is an expression of which of the following?
 Definition
Symbolic speech
Term
In the case Northwest Indian Cemetery Protective Association v. Peterson, the Supreme Court ruled that
 Definition
Building the road was not a violation of the Free Exercise Clause because they weren’t forcing them to not practice their religion.
Term
In the case New York Times v. United States, the New York Times...
 Definition
… tried to publish an article containing government information that was considered a national security threat once published.
Term
In the case Snepp v. United States, Frank Snepp was prevented by the CIA from publishing an internal document is an example of ...
 Definition
Censorship
Term
How was the Supreme Court able to enforce their ruling against school prayer after the Engel and Schempp cases?
 Definition
they didn't have the ability to do so
Term
In the Case Lemon v. Kurtzman, what was the major issue of the case?
 Definition
Requirements for legislation concerning religion – The Lemon Test
Term
In the case Near v. Minnesota, Jay Near was prohibited from publishing the Saturday Press is an example of
 Definition
Media regulation by the government
Term
Which president worked to overturn the Engel decision and worked to promote prayer in school?
 Definition
Reagan!
Term
According to the lecture, what did the Supreme Court’s decision in the Roe v. Wade do?
 Definition
expand the right of privacy to include a woman’s right to choose to terminate by abortion.
• Invalidated state laws completely prohibit abortions
• Engage in a balancing between a woman’s right to choose and the states (protecting health of mother and potential life)
Term
The Supreme Court’s decision in the case Planned Parenthood v. Casey (1992) did which of the following?
 Definition
right of woman to obtain an abortion before viability without undue interference from the state; state has the power to restrict abortions after fetal viability; state has a legitimate interest from onset of the pregnancy in protecting the health of the woman and life of the fetus that may become a child.
Term
Captain James Kendall was the first person sentenced to death in the American colonies for what crime?
 Definition
Treason
Term
According to Capital Punishment on Trial, which of the following are principles used to justify the death penalty?
 Definition
deterrence, penitence and retribution
Term
Which of the following is a reason the South has embraced capital punishment?
 Definition
More rural, less literate region, strongly wedded to the Old Testament values, with greater levels of violence…
Term
The Pennsylvania law at issue in Planned Parenthood v. Casey (1992) required which of the following before a woman could receive an abortion?
 Definition
Ends the Trimester Rule- women’s right to terminate her pregnancy before viability is central principle of Roe; Undue Burden-spousal consent
Term
The Gun Control Act of 1968 did which of the following?
 Definition
-limited mail order purchases
- restricted importation of surplus military rifles
-prohibited purchase by convicted felons
Term
What was the conclusion of Thorsten Sellin’s book The Death Penalty (1959)?
 Definition
-Compared murder statistics in states that employed capital punishment to murder statistics in neighboring states that abolished it; concluded- death penalty was not a deterrent
Term
According to the book Capital Punishment on Trial the 1960’s saw greater opposition to the death penalty for which of the following reasons?
 Definition
Death penalty had been a gross failure; neither protected the innocent nor deterred the wicked.
Term
The court case Wainwright v. Ford (1986) addressed which issue?
 Definition
Ford was convicted of murder in 1974 and sentenced to death; his mental state worsened.
-Two questions rose:
1) Is it constitutional for a state to execute an insane person?
2) Florida’s procedure for evaluating insanity meets requirements of due process?
- Said that it violates the eighth amendment of cruel and unusual punishment
Term
In the court case District of Columbia v. Heller (2008), what did the Supreme Court rule?
 Definition
Overrules D.C ban on handguns and requirement that all guns be kept unloaded and disassembled
Term
In the court case MacDonald v. City of Chicago (2010) established which of the following?
 Definition
he Court held that the right of an individual to "keep and bear arms" protected by the Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment and applies to the states. The decision cleared up the uncertainty left in the wake of District of Columbia v. Heller as to the scope of gun rights in regard to the states
Term
In the 1960’s a committee of distinguished legal schools created the Model Penal Code. What did the code create?
 Definition
The code called for changes that the Supreme Court later dismissed as unnecessary in McGautha (2-part trial of guilt and innocence which is separated from punishment of death and imprisonment
Term
According the lecture which of the following describes a general warrant?
 Definition
-not supported by oath
-no specific justification
-Aimed at no specific person
-Simply authorized the “holder” of the warrant to search any place in order to discover any outlawed thing
Term
According the lecture, which of the following are arguments against the death penalty?
 Definition
-Unfair Application- the death penalty is more likely to be applied to minority males
-Finality- opponents of the death penalty argue that innocent people have been executed
Term
What was the outcome of the court case Kennedy v. Louisiana (2008)?
 Definition
Cannot put anyone to death in a rape case
Term
What were the results of the Furman v. Georgia (1972) case?
 Definition
- The arbitrary and inconsistent imposition of the death penalty violates the Eighth and Fourteenth Amendments, and constitutes cruel and unusual punishment.
Term
What was the Supreme Court’s decision in the Coker case?
 Definition
David Kendall said the punishment must fit the crime. That the death sentence for rape was both excessive as punishment and incompatible with the harm caused to the victim. The court agreed with a 7-2 vote. “The death penalty is not invariably cruel and unusual punishment within the meaning of the eighth amendment.”
Term
According to the book Capital Punishment on Trial, which of the following was major problem for defendants in capital punishment cases?
 Definition
-too poor to hire an attorney
-low IQ
-mental disorder
-criminal record
-minimal ability to aid in one’s defense
-lawyer assigned: either inexperienced or had a crushing workload
-obscenely low compensation for a capital defense (maximum-$1,000)
Term
25. In Glucksberg v. Washington (1977) the Supreme Court ruled that the Right of Privacy does not give what?
 Definition
-Does NOT give a dying person the right to assisted suicide
Term
In the Supreme Court case Bowers v. Hardwick (1986) how did the Supreme Court rule?
 Definition
-Hardwick was arrested and charged with engaging in homosexual sodomy (he was never indicted but claimed it violated his right to privacy); in a 5-4 vote the court rejected this argument.
Term
In the court case McCleskey v. Kemp (1987) what Supreme Court’s majority opinion?
 Definition
-found it irrelevant
-“clearly insufficient” to show that anyone had received the death penalty in Georgia based on racial bias.
Term
What did the Los Angeles attorney Gerald Gottlieb want the Supreme Court to consider in his article “Testing the Death Penalty”?
 Definition
He proposed a more dynamic view of cruel and unusual punishment based on noncapital opinions.
-It was no longer whether a specific mode of execution caused excessive pain;it was whether the punishment itself-death penalty- should survive in a humane modern environment.
Term
In the case Furman v. Georgia (1972), Supreme Court Justice William Douglas decided that the death penalty was unconstitutional because he considered the death penalty unusual punishment. True or False?
 Definition
True
Term
According to the lectures which of the following concepts were included in Blackmun’s dissent in the Bowers v. Hardwick (1986) case?
 Definition
-The most comprehensive of rights and the most valued is the right to be left alone
-The concept of privacy embodies the moral fact that a person belongs to himself and not others nor society as a whole
Term
According to the lecture the 8th Amendment includes which of the following clauses?
 Definition
-“excessive bail shall not be required, nor excessive fines imposed, not cruel and unusual punishments inflicted.”
Term
Atkins v. Virginia (2002) and Roper v. Simmons (2005) are examples of what current trend in Supreme Court rulings?
 Definition
-Atkins v. Virginia- prohibits execution of mentally retarded
-Roper v. Simmons- prohibits execution of minors (under 18) at the time they committed the murder.
Term
According to the reading In Our Defense the town of Morton Grove, Illinois became to first to __________.
 Definition
Prohibit the possession of handguns in the home
Term
35. According to the reading In Our Defense the first case to seriously mention the Third Amendment was Engblom v. Carey(1982). What was the Marianne Engblom’s main complaint?
 Definition
She was a correctional officer that went on strike; locked out of her living space without consent; sued for damages under the third amendment.
Term
37. The Fourth Amendment protects political freedom and protect against attempt to stifle dissent. True or False?
 Definition
True
Term
The court case Brendlin v. California (2008) allowed what type of searches?
 Definition
car searches
Term
In the case Stafford Unified School District v. Redding (2009) the Supreme Court ruled
 Definition
search violated the 4th amendment
Term
In the case McSurely v. McClellan (1985), Margaret and Alan McSurely were originally arrested for which crime?
 Definition
-Arrested for “seditious matter or printing press or other machinery to print or circulate seditious matter.”
Term
Which of the following is not an example of disfavored groups in American history
 Definition
DISFAVORED GROUPS: Political Opponents, Revisionist Ideas, Racial Minorities, Religious Minorities, Violent Fringe Groups, and Perceived Enemies of the State (Japanese, communists)
Term
45. The Fifth Amendment right to a grand jury does not apply to states through the Fourteenth Amendment. True or False?
 Definition
True
Term
What was the outcome of the Supreme Court case Green v. United States(1957)?
 Definition
-“State should not be allowed to make repeated attempts to convict an individual for an alleged offense….subjecting him to embarrasemt, expense, an ordeal, and compelling him to live in a continuing state of anxiety….”
-Court said “The law should not place the defendant in such an incredible dilemma”
-5-4 vote, Green was spared the death penalty-ordered his first degree murder conviction reversed.
Term
One danger of the PATRIOT Act is:
 Definition
-Burden: Government attorney must certify that the information sought is “relevant to an ongoing investigation.”
Term
In an accusatory system the state is required to do which of the following?
 Definition
innocent until proven guilty and the state must investigate and present evidence to jury
Term
What did California educator Merton Hill recommend for the education “Mexican” children?
 Definition
He proposed “Americanization” classes. They should learn arithmetic, penmanship and English as well as take music classes. Young girls were to be taught to be domestic housewives (cook, clean, laundry etc.) & young boys being taught to make inexpensive furniture and how to use their hands.
Term
11. Which of the following events was an important motivation factor in the Mexican- American movement to end discrimination?
 Definition
WWII
Term
18. The Republican Party in New York City during the 1890’s received most of their support and funding from which of the following groups?
 Definition
big business and rural voters
Term
In the case Hopwood v. State of Texas, what was Hopwood’s claim for suing?
 Definition
reverse discrimination
Term
The Supreme Court’s ruling in the case Sweatt v. Painter (1950) did which of the following?
 Definition
Claimed Plessy v. Ferguson was unconstitutional and allowed the first African American into UT Law school
Term
According to the lecture on property rights which of the following is not a theory of original ownership?
 Definition
John Locke’s idea of commingling labor to the thing establishes ownership in it, Possession, Consent of the rest of society, Discovery, and collective ownership ARE theories of original ownership
Term
_______ was a reaction to feudalism and mercantilism
 Definition
capitalism
Term
The Bakeshop Reform was a joint effort between which of the following groups?
 Definition
A newspaper reporter, organized labor, and mainstream reformers
Term
Why was the Bakeshop Act considered an improvement on past reform efforts?
 Definition
Unusually strong enforcement provisions was an improvement. Violation of the Bakeshop Act could result in criminal penalties which was a major advance. It gave the state factory inspector authority to enforce the law.
Term
30. According to the lecture on property rights “the New Deal Era” consists of which of the following characteristics?
 Definition
Rejection of Laissez faire constitutionalism
Term
34. The defendant’s brief written by George Holden claimed that the court did not have jurisdiction over the Mendez case because the state of California fulfilled its obligations by providing an education in equal facilities. True or False?
 Definition
True!
Term
41. What was the California State Legislatures reaction the ruling in Mendez case by the Ninth Circuit Court of Appeals?
 Definition
California governor Earl Warren lobbied the California state legislature to enact legislation repealing the state's educational codes that allowed for segregation in public schools.
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