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Civics Literacy Exam Study Guides Supreme Court Cases There may be duplicates notes and questions on multiple pages. American Democracy / Constitution Study Guide 1 2 3 | Founding Documents | Supreme Court Cases Chisholm vs. Georgia (1793) In Chisholm v. Georgia, the Supreme Court ruled that states were subject to the authority of the federal government. This decision initiated a series of events culminating in the 11th Amendment to the U.S. Constitution, an amendment limiting the judicial power of the U.S. Supreme Court. A state could be sued by a non-resident for the payment of debts giving federal courts jurisdiction over disputes between a state and a citizen of another state or foreign country. Chisholm won. Overturned by 11th Amendment. Marbury vs Madison (1803) Article II (Congress) and Article III (Judiciary) Marbury v. Madison, arguably the most important case in Supreme Court history, was the first U.S. Supreme Court case to apply the principle of "judicial review" – the power of federal courts to void acts of Congress in conflict with the Constitution. Congress does not have the power to pass laws that override the Constitution, such as by expanding the scope of the Supreme Court’s original jurisdiction. “A law repugnant to the Constitution is void.” With these words, Chief Justice John Marshall established the Supreme Court’s role in the new government. Hereafter, the Court was recognized as having the power to review all acts of Congress where constitutionality was at issue, and judge whether they abide by the Constitution. McCulloch v. Maryland (1819) Article I, Section 8 The Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank using the Constitution's supremacy clause. The Court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers. “Let the end be legitimate … and all means which are … consistent with the letter and spirit of the Constitution, are constitutional” Chief Justice Marshall invoked this phrase to establish the right of Congress to pass laws that are “necessary and proper” to conduct the business of the U.S. government. Here, the court upheld Congress’ power to create a national bank. Gibbons vs. Ogden (1824) Article 1, Section 8 (Commerce Clause) In 1808. the government of New York granted a steamboat company a monopoly to operate its boats on the state's waters, which included bodies of water that stretched between states. Aaron Ogden held a license under this monopoly to operate steamboats between New Jersey and New York. Thomas Gibbons. another steamboat operator. competed with Aaron Ogden on this same route but held a federal coasting license issued by an act Of Congress. Ogden filed a complaint in New York court to stop Gibbons from operating his boats claiming that the monopoly granted by New York was legal even though he operated on shared. interstate waters. Gibbons disagreed arguing that the U. S. Constitution gave Congress the sole power over interstate commerce. After losing twice in New York courts. Gibbons appealed the case to the Supreme Court. The Supreme Court determined that the commerce clause of the Constitution grants the federal government the power to determine how interstate commerce is conducted. Federal Law supersedes state law. Charles River Bridge (1837) Article 1, Sect. 10 The responsibility of government is to “sacredly guard” the rights of property for the prosperity of the community. The Charles River Bridge was erected in 1785 by Harvard College and some prominent Bostonians under a legal charter granted by the state of Massachusetts. The legislature granted a charter to the Warren Bridge Company in 1828 because a new bridge was badly needed. It was to be free of tolls once construction costs were covered. The proprietors of the Charles River Bridge were afraid that the new bridge would destroy the value of their stock and tried to block the construction of the Warren Bridge. The case involved a conflict between established rights on one side and the rights of the community on the other. The Court ruled that it had not entered into a binding contract with the Charles River Bridge Company that would prohibit the building of a competitive bridge. Justice Roger B. Taney stated that the rights of property must be “sacredly guarded”, the community also has rights, and the responsibility of all government is to promote the happiness and prosperity of the community Dred Scott v. Sandford (1857) 5th Amendment Appeal was not processed because the Supreme Court decided that slaves were not citizens, and the Supreme Court could not free slaves. “The Constitution does not consider slaves to be U.S. citizens. Rather, they are constitutionally protected property of their masters.” Chief Justice Roger Taney authored this opinion— one of the most important and scorned in the nation’s history. Dred Scott, a slave, had moved with his master to Illinois, a free state. He moved again to a slave state, Missouri, and filed suit to gain freedom, under that state’s law of “Once free, always free.” Taney held that Scott had never been free at all and cited Constitutional grounds for placing the slavery decision in the hands of the states. In trying to put an end to the slavery controversy, Taney instead sped the nation toward civil war. The decision was later overturned by the Thirteenth Amendment. Munn v. Illinois (1877) 15th Amendment Businesses that serve the public interest are subject to regulation by state government. The Illinois state legislature passed a law that established the maximum rates that private companies could charge in storing or transporting agricultural products. In Chicago the company of Munn and Scott was found guilty of breaking the law and the verdict was upheld on appeal before the Supreme Court. The appeal was heard along with seven other railroad cases that dealt with the violation of the regulatory legislation passed by the state of Illinois. The Court ruled that any business that served the public interest was subject to regulation by the state government. If the rates were not satisfactory according to the owners of the companies, the complaints should be taken to the legislature and not to the courts. Hazelwood v. Kuhlmeier (1988) The U.S Supreme Court held for the first time that public schools can limit what appears in school-sponsored student publications. Plessy v. Ferguson (1896) 14th Amendment Supreme Court case that ruled separate but equal public accommodations for the races was constitutional. Jim Crow laws are constitutional under the doctrine of ‘Separate but Equal.’ Police arrested Homer Plessy for refusing to leave a railroad car that prohibited “colored” people. Under Louisiana law, Plessy was “colored” because he was one-eighth black. The Court ruled that the race-based “Jim Crow” laws did not violate the Constitution as long as the states proffered separate but equal treatment. “The Constitution is color blind, and neither knows nor tolerates classes among citizens.” —Justice John Marshall Harlan, from the lone dissenting opinion in Plessy v. Ferguson. Lochner v. New York (1905) 14th Amendment The Constitution bars a state from interfering with an employee’s right to contract with an employer. The above reasoning led to the “Lochner Era”—thirty-two years of wrangling between the court and legislatures. Lochner’s bakery violated a New York labor law. The court struck down the law, saying that the 14th Amendment’s Due Process Clause barred states from regulating commerce in this manner. This clause, the Court said, implied that individuals have a fundamental right to contract with employers, and states cannot interfere with that right. Schenck v. United States (1919) 1st Amendment Speech that presents a “clear and present danger” to the security of the United States is in violation of the principle of free speech as protected by the First Amendment to the Constitution. During World War I (1918), Charles Schenck was the general secretary of the Socialist Party, and was arrested for distributing literature discouraging young men from enlisting in the armed forces. The basis for his opposition to the draft or enlistment was the first clause of the Thirteenth Amendment which prohibited slavery or involuntary servitude. Schenck appealed his conviction, and the case went to the Supreme Court. Justice Oliver Wendell Holmes stated that “the character of every act depends upon the circumstances in which it is done. The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. [The] question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.” Distributing the literature during peace time would have been an entirely different matter, but in time of war Schenck’s actions, according to the Court, presented a “clear and present danger” to the security of the United States. Missouri Vs. Holland (1920) Migratory Bird Treaty Act of 1918 where Missouri argued the unconstitutionality of the act under the 10th Amendment an invasion of its sovereign right. All treaties made under authority of the U.S. shall be supreme law. Supremacy of treaties over - state constitutions. Missouri lost. Near v. Minnesota (1931) 1st Amendment “The liberty of the press … is safeguarded from invasion by state action.” Although the First Amendment ensures a free press, until this case, it only protected the press from federal laws, not state laws. Minnesota shut down J. M. Near’s Saturday Press for publishing vicious antisemitic and racist remarks. In what is regarded as the landmark free press decision, the Court ruled that a state cannot engage in “prior restraint”; that is, with rare exceptions, it cannot stop a person from publishing or expressing a thought. West Coast Hotel v. Parrish (1937) 14th Amendment “The switch in time that saved nine.” F. D. R. rallied against the Court’s holdings in the Lochner era. The Court struck down New Deal laws, designed to pull the country out of the Depression, on grounds that they interfered with a worker’s “right to contract.” F. D. R. pledged to expand the Court and pack it with pro “New Deal” members. In this case, the Court rejected the Lochner era decisions and said the government could regulate commerce. National Labor Relations Board (NRLB) vs. Jones & Laughlin Steel Corp. (1937) Jones Laughlin Steel Corp. Refused to comply with the National Labor Relations Board that protected labor's right to organize. Court upheld constitutionality of NLRB. Congress has the power to regulate labor. W. Virginia State Board of Education v. Barnette (1943) 1st Amendment Board of Education wanted to expel students who didn't do flag salute. Freedom of religion. Barnette (the Jehovah witnesses won this case). In Barnette, the Court held that the First Amendment prevents school officials from compelling a student to stand and salute the flag during the Pledge of Allegiance. Although public schools may continue to have a Pledge of Allegiance ceremony every morning, students may not be forced to participate or be punished for not participating. Korematsu vs United States (1944) 5th Amendment Why is Korematsu v. United States historically significant? In December 1944, the Supreme Court handed down one of its most controversial decisions, which upheld the constitutionality of internment camps during World War II. Today, the Korematsu v. United States decision has been rebuked but was only finally overturned in 2018 Brown v. Board of Education (1954) 14th Amendment The Supreme Court overruled Plessy v. Ferguson declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated. In 1896, the Supreme Court ruled in Plessy v. Ferguson that racially segregated public facilities were legal, so long as the facilities for Black people and whites were equal. The ruling constitutionally sanctioned laws barring African Americans from sharing the same buses, schools and other public facilities as whites—known as “Jim Crow” laws—and established the “separate but equal” doctrine that would stand for the next six decades. “In the field of public education, the doctrine of ‘separate but equal’ has no place.” This unanimous decision marked the beginning of the end for the “Separate but Equal” era that started with Plessy, and the start of a new period of American race relations. With Brown, desegregation of public schools began—as did resistance to it. Ten contentious years later, the Civil Rights Act of 1964 made racial equality a matter of federal law. Mapp v. Ohio (1961) 4th Amendment Evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in criminal prosecutions in state courts, as well as federal courts. Evidence that is illegally obtained by the state may not be used against a defendant in court. Until Mapp, only the federal government was barred from using illegally obtained evidence. So, when local police entered Dolly Mapp’s home without a search warrant and arrested her for possessing obscene books, her conviction initially stood. The Court overturned her conviction, however, and extended the Constitutional rule to apply to the states and their subdivisions. “I know it when I see it.” —Justice Potter Stewart’s definition of obscenity in Jacobellis v. Ohio, 1964 Baker v. Carr (1962) 14th Amendment “One person, one vote.” The above phrase was not authored until a year after Baker, but it has its philosophical roots here. In this case, a group of Tennessee voters sued the state, claiming its voting districts diluted their political power. Until this point, the Court refused to decide this kind of case, leaving such “political questions” to the states. Baker, however, held that the states must meet a Constitutional standard for appointment: districts cannot be drawn in such a way that they violate the Equal Protection clause of the 14th Amendment. Engel v. Vitale (1962) 1st Amendment Separation between Church and State in schools. S.C. prayer in public schools is unconstitutional, violates separation of church and state and freedom of religion (First Amendment). Public institutions (i.e., a school system) cannot require prayer. Lawrence Roth, an avowed atheist, objected that the Long Island, New York School System was forcing his two children to recite a 22-word prayer at the beginning of the day. There were actually four other parents involved in the suit against school board president William Vitale, Jr. The Supreme Court ruled that although the prayer was nonsectarian and noncompulsory, “it is no part the business of government to compose official prayers.” Because New York provided the prayer, it indirectly approved religion and that was unconstitutional. Gideon Vs. Wainwright (1963) 6th Amendment State courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants who are unable to afford their own attorneys. Defendants in criminal cases have an absolute right to counsel. Too poor to afford a lawyer, Clarence Earl Gideon was convicted for breaking into a poolroom—a felony crime in Florida. He appealed to the Supreme Court, which ruled that the government must provide free counsel to accused criminals who cannot pay for it themselves. At first, the ruling applied to felonies only. It was later extended to cover any cases where the penalty was six months imprisonment or longer New York Times Co. v. Sullivan (1964) 1st Amendment To win a libel case, public figures must prove “actual malice” on the part of the writer. In 1964, the Times published an ad critical of an elected commissioner of an Alabama city. The commissioner sued for libel and won. The Supreme Court overturned that ruling, and said that, to ensure “uninhibited, robust and wide-open” debate about public figures, the law must protect writers from libel suits. Thus, unless the words are penned with “knowing falsity” or “reckless disregard for the truth,” a writer cannot be successfully sued by a public figure for libel. Griswold v. Connecticut (1965) 14th Amendment The Constitution implies a right to privacy in matters of contraception between married people. Estelle Griswold, the director of a Planned Parenthood clinic, broke an 1879 Connecticut law banning contraception. The Court struck down the law, making it a landmark case in which the Court read the Constitution to protect individual privacy. This was to be the foundation of further privacy rulings, including the right to privacy in matters of abortion. Miranda vs. Arizona (1966) 5th & 6th Amendments This case proves that the 5th Amendment requires that individuals arrested for a crime must be advised of their right to remain silent and to have counsel present. This case proves that the 5th Amendment requires that individuals arrested for a crime must be advised of their right to remain silent and to have counsel present. “You have the right to remain silent …” After police questioning, Ernesto Miranda confessed to kidnapping and raping a woman. The Court struck down his conviction, on grounds that he was not informed of his 5th Amendment right against self-incrimination. Hereafter, the Miranda warnings have been a standard feature of arrest procedures Tinker Vs. Des Moines (1969) 1st Amendment The court decided that the First Amendment applied to public schools, and that administrators would have to demonstrate constitutionally valid reasons for any specific regulation of speech in the classroom. School dress codes are not in violation of the First Amendment’s guarantee of the freedom of expression. The Des Moines public school system made a rule stating that any student wearing an armband would be asked to remove it on the grounds that the wearing of such would cause a disturbance. If the student refused to comply, the consequence was suspension from school. Three public school students wore black armbands to express their opposition to the United States’ involvement in the Vietnam War. They refused to remove the armbands and were suspended. The parents of the students argued that the students’ actions were not interfering with the rights of the other students. The case was argued in 1968 and the ruling was “handed down” in 1969. The Court ruled that the wearing of armbands was “closely akin to ‘pure speech’”, and this was protected by the First Amendment to the Constitution. The rule banning armbands lacked the proper justification for enforcement. This ruling eventually had an effect on school dress codes in that the style of clothing one wears indicates an expression of that individual. San Antonio Independent School District v. Rodriguez (1973) 14th Amendment The Constitution does not guarantee a fundamental right to education. In 1968, a group of low-income parents sued San Antonio, claiming the city’s wealthy precincts had better schools. The Court upheld the districting plan, saying that the Constitution did not guarantee an education, and upholding this tenet: The Constitution does not compel government to provide services like education or welfare to the people. Rather, it places boundaries on government action. Roe vs Wade (1973) 14th Amendment The Constitutionally implied right to privacy protects a woman’s choice in matters of abortion. Norma McCorvey sought an abortion in Texas, but was denied under state law. The Court struck down that law, on grounds that it unconstitutionally restricted the woman’s right to choose. The opinion set forth guidelines for state abortion regulations; states could restrict a woman’s right to choose only in the later stages of the pregnancy. Later modified but not overruled, the decision stands as one of the Court’s most controversial. United States vs Nixon (1974) Nixon, 418 U.S. 683 (1974), was a landmark decision of the Supreme Court of the United States in which the Court unanimously ordered President Richard Nixon to deliver tape recordings and other subpoenaed materials related to the Watergate scandal to a federal district court.” “Neither separation of powers, nor the need for confidentiality can sustain unqualified Presidential immunity from the judicial process.” President Nixon sought precisely this type of immunity, rather than relinquishing the famous White House tapes during the Watergate scandal. The Court unanimously rejected his plea as an unconstitutional power play. The House began impeachment proceedings shortly thereafter, and two weeks after the ruling, Nixon resigned Regents Of The University Of Ca. vs Bakke (1978) 14th Amendment Bakke was a landmark case that effectively ended the use of racial quota systems for affirmative-action purposes. However, some 25 years later, the Court upheld a law-school admissions policy that considered race as merely one factor among many. New Jersey vs TLO (1985) 4th Amendment Holding that public school administrators can search a student's belongings if they have a reasonable suspicion of criminal activity. In a juvenile court, T.L.O. argued that her Fourth Amendment rights against unreasonable searches and seizures had been violated. The court sided with the school, and T.L.O. took her case to the New Jersey Supreme Court, which later found that the search was unreasonable, and the evidence could not be used. Hazelwood v. Kuhlmeier (1988) 1st Amendment The U.S Supreme Court held for the first time that public schools can limit what appears in school-sponsored student publications. In Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988), the Supreme Court held that schools may restrict what is published in student newspapers if the papers have not been established as public forums. Texas vs Johnson (1989) 1st Amendment Flag burning: The U.S. Supreme Court ruled in a 5-4 decision in favor of Johnson. The high court agreed that symbolic speech – no matter how offensive to some – is protected under the First Amendment. The Constitution protects desecration of the flag as a form of symbolic speech. Johnson burned a flag in front of a Dallas building in 1984. He was convicted of violating a Texas law that made it a crime to intentionally desecrate a state or national flag. Justice Brennan wrote for a 5-to-4 majority that “Government may not prohibit the expression of an idea because society finds the idea itself offensive or disagreeable.” Cruzan v. Missouri Dept. of Health (1990) 14th Amendment While the Constitution protects a person’s right to reject life-preserving medical treatment (their “right to die”), states can regulate that interest if the regulation is reasonable. Nancy Cruzan lay in a permanent vegetative state as a result of injuries suffered in an auto accident. Her parents sought to withdraw life-sustaining treatment and allow her to die, claiming she’d said this would be her wish under such circumstances. The state refused, and the Supreme Court upheld the state’s guidelines for the continuation of medical treatment, which allowed withdrawal of treatment only with clear and convincing evidence that this is what the patient would have wanted. The Court said that, given the need to protect against abuses of such situations, the state can continue life support as long as its standards for doing so are reasonable. Bush v. Gore (2000) 14th Amendment The court ruled that manual recounts of presidential ballots in the Nov. 2000 election could not proceed because of inconsistent evaluation. The Supreme Court's decision in Bush v. Gore was among the most controversial in U.S. history, as it allowed the vote certification made by Florida Secretary of State Katherine Harris to stand, giving Bush Florida's 25 electoral votes. D.C. vs Heller (2008) 2nd Amendment Heller, case in which the U.S. Supreme Court on June 26, 2008, held (5–4) that the Second Amendment guarantees an individual right to possess firearms independent of service in a state militia and to use firearms for traditionally lawful purposes, including self-defense within the home Citizens United States VS Federal Election Commission (2010) 1st Amendment The court held 5–4 that the freedom of speech clause of the First Amendment prohibits the government from restricting independent expenditures for political campaigns by corporations, including nonprofit corporations, labor unions, and other associations. Brown Vs. Board of Education; Topeka (1955) "Separate but equal has place in Education." Ruled that Linda Brown had been deprived of equal protection under the 14th Amendment (this amendment was followed by the guidelines for desegregation of the schools.) Declared segregated schools equal. Mapp Vs. Ohio (1961) Mrs. Mapp’s home was searched illegally, and she was charged in Ohio for obscene material. The Supreme Court overruled the state court and stated that the 4th Amendment is applicable to the states. Baker Vs. Carr- (1962) State courts have authority to supervise an appointment of a state legislator. High court did not rule in favor of Baker but said that he had a point. Feds - supervise a proportion of state legs. School District of Abington (Pa.) Vs. Schemp (1963) The law or constitution cannot enhance or inhibit religion. Schemp's didn't want prayer in school; they were upheld. Murray Vs. Curlett (Md.) (1963) (Prayer) Result religious exercises in public schools were "unconstitutional"; state is neutral, Separation of church & state. Mrs. Murray (atheist) didn't want prayer in school. She won the case. Miranda Vs. Arizona (1966) Supreme court underlined its intention to accused persons from being forced to confess. Suspects had to be immediately informed that they have the following rights: -Right to remain silent, right to legal representation, and to be informed that anything they say can be used against them in a court of law. Which court cases limited the rights of African Americans? Gideon vs Wainwright (1963) Brown vs Board of Ed. (1954) This case established the policy of judicial review a) Brown vs. Board of Education b) Tinker vs. Des Moines c) Marbury vs. Madison d) Morse vs. Frederick This case ended segregation in public schools a) Plessy vs. Fergesr:ci b) Brown vs. Board of Education c) New Jersey v. T. LO d) Bethel School v. Fraser This case advocated free speech in the schools in the form of an anti-war protest a) Tinker vs. Des Manes b) Gideon vs. Wainwright c) Mapp vs. Ohio d) Morse v. Frederick This case guaranteed certain rights for individuals being arrested a) Marbury vs. Madison b) Tinker vs. Des Moines c) Hazelwood vs. Kuhlmeter d) Miranda vs. Anzona This decision allowed for women to have abortions a) Roe vs. Wade b) Griswold v. Connecticut c) Mapp v. Ohio d) New Jersey v. T.L.O In Plessy V. Ferguson, the Supreme Court ruled that segregation was a) unconstitutional b) legal in all forms c) legal as long as the facilities were equal d) protected by the First Amendment This case determined that flag burning is protected by free speech. a) Texas vs. Johnson b) Mapp vs. Ohio c) Miranda vs. Arizona d) McCulloch vs. Maryland This case determined that public prayer and Bible readings in school violates the Amendment. a) Board of Ed. v. Earls b) Engel v. Vitale c) Brown v. Board of Education d) Plessy v. Ferguson This case determined that schools only need reasonable suspicion (not a warrant) to search students as a necessary step to provide a safe learning environment a) Bethal School District v. Fraser b) Gideon v. Wainwright c) Tinker v. Des Moines d) New Jersey v. TLC) In this case the court ruled the policy (a predetermined number) based on race or gender as part of affirmative action in hiring or admission practices is unconstitutional. a) Regents of the University of California v. Bakke b) Brown v. Board of Education of Topeka, Kansas c) Grutter v. Bollinger d) Roe v. Wade During VWVII, the Supreme Court ruled that relocation of Japanese American citizens to internment camps was constitutional in this case. a) Korernatsu v. US b) University Of California v. Bakke c) Roe v. Wade d) Gideon v. Wainwright This 1857 ruling declared slaves as property and not citizens and it nullified the Missouri Compromise of 1820. a) Dred Scott v Sandford b) McCulloch v Maryland c) Engel v. Vitale d) Grutter v. Bollinger In Tinker v. Des Moines. the Tinkers were suspended from school for a) holding up signs in the cafeteria. b) wearing black armbands… c) giving emotional speeches during c!ass. d) holding a "sit in" in the principal's office. Which lessons did future U.S leaders learn from the 1974 Supreme Court Case U.S v. Nixon a) The president is accountable for obeying laws b) The president is accountable for enforcing the law c) The president is not allowed to hold secret talks with foreign governments d) The president is not allowed to have private meetings with Cabinet members States must pay for public defenders as a result of which U.S Supreme Court case? a) DC. v. Heller b) Hazelwood v. Kuhlmeier c) Gideon v. Wainwright d) Miranda v. Arizona Evidence that is illegally obtained by the state may not be used against a defendant in court based on this case. a) Plessy v. Ferguson b) Korematsu v. United States c) Mapp v. Ohio d) Engel v. Vitale Which of the following cases ruled that achieving "a diverse student body" was a "compelling public purpose,", but the method of a rigid quota of admission slots assigned on the basis of race violated the Fourteenth Amendment's equal protection clause? Regents of the University of California v. Bakke 1978 Which of the following cases established the precedent that the Supreme Court has the power of judicial review? Marbury v. Madison 1803 Which of the following cases established the precedent that the U.S. Congress had the power to establish a bank based on the necessary and proper clause? McCullough v. Maryland 1819 Which of the following cases limited power held by the states: Dred Scott v. Sandford 1857 and U.S. v. Nixon 1971 Which of the following cases rule that states could not put limits on abortion access in the first trimester of pregnancy: Roe v. Wade 1973 Which of the following cases established a right to privacy in the marital bedroom: Griswold v. Connecticut 1965 Which of the following cases ruled evidence of crime collected outside of the parameters of the search cannot be used in court: Mapp v. Ohio 1961 Which of the following cases required states to provide attorneys to criminal defendants who cannot afford their own: Gideon v. Wainwright 1963 Which of the following cases required state law enforcement to read suspects their constitutional rights before custodial interrogation: Miranda v. Arizona 1966 Which of the following cases determined standardless manual recounts violate the Equal Protection and Due Process Clauses of the Constitution: Bush v. Gore 2000 Which of the following is a case that centered on the first amendment: Engle v. Vitale 1962 Which of the following cases centered on political speech paid for by unions and corporations? Citizen's United v. Federal Elections Commission 2010 A federal judge dismissed a libel lawsuit by Sarah Palin because she could not prove actual malice on the part of the New York Times. Which of the following cases reflects this position? New York Times Co. V. Sullivan 1964 Which of the following cases established the "separate but equal" precedent? Plessy v Ferguson 1896 Which of the following cases overturned the "separate but equal" precedent in education? Brown v. Board of Education 1954 Which of the following cases focused on the fourteenth amendment? Plessy v Ferguson 1896 and Brown v. Board of Education 1954 Which of the following cases limited state endorsed religious prayer in public schools? Engle v. Vitale 1962 Which of the following cases centered on the first amendment right of freedom of the press? Hazelwood v. Kuhlmeier 1988 Which of the following cases declared "students did not lose their First Amendment rights to freedom of speech when they stepped onto school property"? Tinker v. Des Moines 1969 Which Supreme Court ruling held that the authors of the US Constitution did not intend for African Americans to be US citizens? Dred Scott v. Sandford (1857) Which US Supreme Court case focused on whether and enslaved person, having lived in free territory, should be free? Dred Scott vs Sandford Which US Supreme Court decision was based on the free exercise clause? West Virginia vs Barnett Which of the following pairs of supreme court cases resulted in limiting the power is for local governments? Brown vs board of education District of Columbia vs Heller Which US Supreme Court case established the power of judicial review? Marbury vs Madison Which of the following cases impacted the interpretation of the 14th amendment? Brown versus Board of Education Which of the following pairs of cases impacted first amendment rights? Texas versus Johnson Hazelwood versus Kuhlmeier Which US supreme court decision was based on the first amendment? Tinker versus Des Moines (1969) Which US Supreme Court decision resulted in reduced powers for state governments? Row vs Wade Which US supreme court case focused on executive privilege? United States versus Nixon (1974) Which US supreme court holding impacted the way that religious practice was approached in public schools? Engel vs Vitale (1962) Which of the following cases impacted fourth amendment protections at the state level? Mapp vs Ohio (1961) To the following cases reinforce the power of the courts? Marbury vs Madison Which US supreme court decision focused on how states count popular votes for president and Vice President? Bush vs Gore (2000) Which of the following pairs of cases focused on the rights of public-school students? Tinker vs Des Moines Hazelwood vs Kuhlmeier Which of the following cases reinforced the federal government’s authority to run a federal institution without interference by a state? McCulloh vs Maryland (1819) Which supreme court case established the precedent of judicial review in 1803? Marbury v. Madison Which of the following cases resulted in a decision that undermined civil rights and liberties in prioritization of national security? Korematsu v. United States Use the passage below, from a landmark Supreme Court case opinion, to answer the question that follows. “So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution, or conformably to the constitution, disregarding the law: the court must determine which of these conflicting rules governs the case.” Which Supreme Court case established the precedent described in the opinion? Marbury v. Madison This established the precedent described in the opinion. Marbury v. Madison Which of the following cases resulted in a decision that undermined civil rights and liberties in prioritization of national security? Korematsu v. United States A person is charged with felony breaking and entering. During the court proceedings, the defendant requested an attorney and was denied the right to counsel. Which Supreme Court case overturned the trial court's decision, due to lack of counsel? Gideon v. Wainwright Separation between Church and State in schools. S.C. prayer in public schools is unconstitutional, violates separation of church and state and freedom of religion (First Amendment) Engel v. Vitale (1962) Evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in criminal prosecutions in state courts, as well as federal courts. Mapp v. Ohio (1961) 14th amendment Due Process Clause allows requirements for state delinquency proceedings. established the principle that young persons have constitutional rights In Re Gault (1967) Supreme Court case that ruled separate but equal public accommodations for the races was constitutional Plessy v. Ferguson 1896 state courts are required under the Sixth Amendment of the Constitutionto provide counsel in criminal cases for defendants who are unable to mafford their own attorneys. Gideon V Wainwright (1963) The court decided that the First Amendment applied to public schools, and that administrators would have to demonstrate constitutionally valid reasons for any specific regulation of speech in the classroom. Tinker V. Des Moines (1968) The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated. Brown v. Board of Education (1954) 1857 Supreme Court decision that stated that slaves were not citizens. that living in a free state or territory, did not free slaves Dred Scott v. Sandford (1857) The U.S Supreme Court held for the first time that public schools can limit what appears in school-sponsored student publications. Hazelwood v. Kuhlmeier (1988) This case proves that the 5th Amendment requires that individuals arrested for a crime must be advised of their right to remain silent and to have counsel present. Miranda vs. Arizona 1961 The court ruled that manual recount of presidential ballots in the Nov. 2000 election could not proceed because inconsistent evaluation Bush v. Gore (2000) The Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank using the Constitution's supremacy clause. The Court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers McCulloch v. Maryland (1819) 2nd Amendment guarantees an individual right to own a firearm DC v. Heller (2008) States must obey the decision of the Supreme Court and cannot refuse to follow. Cooper v. Aaron (1958) Students don't have. to salute to the flag West Virginia v. Barnette (1943) All states to license marriages between same-sex couples Obergefell v. Hodges (1943) Prevents states from making the use of contraception by married legal couples Griswold v. Connecticut (1965) 1st Amendment does not protect the speaker from government action Schenck v. U.S. (1919) Federal government could not establish military courts Ex Parte Milligan (1866) Burning the American flag was symbolic speech and protected the 1st Amendment Texas v. Johnson (1989) "Right to privacy" protects a pregnant woman's choice Roe v. Wade (1973) 1st Amendment limits the ability of public officials to sue for defamation New York Times v. Sullivan (1964) The president cannot shield himself from producing evidence in a criminal prosecution U.S. v. Nixon (1974) Restraints on speech are generally unconstitutional Near v. Minnesota (1931) Anti-corruption interest is not sufficient to displace the speech in question Citizens United v. Federal Election Commission (2010) Only the powet of the federal government and not state Barron v. Baltimore (1833) Forbids states from enacting any legislation that would interfere. with Congress' right to regulate commerce among separate states Gibbons v. Ogden (1824) University admissions criteria which used race as a definite and exclusive basis for admission. Violated the 14 Amendment Regents of University of California v. Bakke (1978) The U.S. Supreme Court enabled which government practices to continue in its ruling in Plessy v. Ferguson? segregating public facilities Which 1954 supreme court case declared segregation in public schools unconstitutional? Brown v. Board of education Which US supreme court decision was based on the necessary and proper clause? McCulloh v. Maryland Which of the following cases held that reproductive rights were an element of the right to privacy under the Bill of Rights & the 14th amendment? Roe v.s Wade (1973) Which U.S Supreme Court decision was based on the equal protection clause? Plessy v.s Ferguson What change did the supreme court case Dred Scott v. Sandford make to American life? It declared that blacks were not citizens and did not have the rights of citizens. A person is charged with felony breaking and entering. During the court proceedings, the defendant requested an attorney and was denied the right to counsel. Which Supreme Court case overturned the trial court’s decision, due to lack of counsel? Gideon v. Wainwright What are some of the principles in the Constitution? Majority Rule, Minority Rights, Equality Under the Law Use the provided Preamble to the United States Constitution to answer the question. "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America." Which of the following statements best describes the Preamble of the U.S. Constitution? Governments are accountable to the citizens over whom they rule. What amendment gives citizenship to all persons born in the United States? 14th Amendment What founding document was written in 1787? (U.S.) Constitution The Federalist Papers supported the passage of the U.S. Constitution. Name one of the writers. James Madison Alexander Hamilton John Jay Publius Why were the Federalist Papers important? They helped people understand the (U.S.) Constitution. They supported passing the (U.S.) Constitution. Use the passage below, which was included in the Declaration of Sentiments adopted at the Seneca Falls Convention in 1848, to answer the question that follows. We hold these truths to be self-evident: that all men and women are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness. (Original work published 1848) Which of the following documents influenced the aims and strategies of the authors of the Declaration of Sentiments? Declaration of Independence Which political philosopher's ideas are best represented in the Declaration of Independence? John Locke In the Mayflower Compact, Plymouth settlers pledged to unite into "a civil body politic" and agreed to make and abide by laws that "insured the general Good of the Colony." What founding document did this set a precedent for? U.S. Constitution Which person is considered to be the principal author of the U.S. Constitution? James Madison Why did colonists living under British rule protest British tax policies? The colonists claimed that the tax policies violated their political rights. Government by the people and the separation of powers are the main principles of which founding document? U.S. Constitution Use the excerpt below, from the Thirteenth Amendment, to answer the question that follows. "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." Which of the following contains a clause that may have served as an inspiration for the above language? Northwest Ordinances The Mayflower Compact includes a pledge to ensure that all citizens look out for the general good of the colony. Based on this, what impact has the Mayflower Compact had on modern understanding of the purpose of government in the United States? The government should provide equal protection under the law. Which of the following statements regarding the Monroe Doctrine is accurate? The Monroe Doctrine prohibited future European colonization in the Western Hemisphere. By what process were eighteen-year-olds fully granted the right to vote? constitutional amendment Use the passage below, taken from a presidential nomination speech, to answer the question that follows. "What do the people of America want more than anything else? To my mind, they want two things: work, . . . and with work, a reasonable measure of security . . ." Source: National Archives and Records Administration Based on the passage, which government program would the speaker support? New Deal In order to attract investment and business and reduce expenses, a state legislature proposes passing a law that removes the need for certain federal regulatory features relating to office and factory environments. Which legislative action would most likely cause the U.S. Supreme Court to decide that this violated the Supremacy Clause? D. Occupational Safety and Health Act How does the Magna Carta provide a foundation for the English perspective of participatory governance? It establishes a basis for individual rights. What led to the creation of the English Declaration of Rights (sometimes known as the "English Bill of Rights") in 1689? Tension over who should rule; an individual or the people Who is considered to have been the most influential Enlightenment philosopher on the Declaration of Independence? John Locke What is the significance of the Mayflower Compact? It is the first attempt by Europeans of self-government in the colonies. What aspect of the U.S. Constitution was influenced by Montesquieu? Separation of powers For what purpose were the Federalist Papers written? To support ratification of the Constitution and explain its commitment to limited government. What did the anti-Federalist want the Constitution to include? A bill of rights What rights are listed in the Declaration of Independence? Life, liberty, and pursuit of happiness For what purpose did Thomas Paine write Common Sense? To encourage the colonists to demand independence from Great Britain Which of the following were thought to be weaknesses of the government laid out by the Articles of Confederation? no power to tax and no executive or judiciary Clause in the Fourteenth Amendment that forbids any state to deny to any person equal protection of the laws. This clause is the major constitutional restraint on the power of governments to discriminate against persons because of race, national origin, or sex. Equal Protection Clause The series of essays written to counter and defeat the proposed U.S. Constitution; argued against a strong central government and pushed for more protection of the people's rights Anti-Federalist Papers What is the economic system of the United States? * Capitalism Free market economy What is the rule of law? Everyone must follow the law. Leaders must obey the law. Government must obey the law. No one is above the law. Many documents influenced the U.S. Constitution. Name one. Declaration of Independence Articles of Confederation Federalist Papers Anti-Federalist Papers Virginia Declaration of Rights Fundamental Orders of Connecticut Mayflower Compact Iroquois Great Law of Peace There are three branches of government. Why? So, one part does not become too powerful Checks and balances Separation of powers Name the three branches of government. Legislative, executive, and judicial Congress, president, and the courts The President of the United States is in charge of which branch of government? Executive branch What part of the federal government writes laws? (U.S.) Congress (U.S. or national) legislature Legislative branch What are the two parts of the U.S. Congress? Senate and House (of Representatives) Name one power of the U.S. Congress. * Writes laws Declares war Makes the federal budget How many U.S. senators are there? One hundred (100) How long is a term for a U.S. senator? Six (6) years Who is one of your state’s U.S. senators now? Answers will vary. [District of Columbia residents and residents of U.S. territories should answer that D.C. (or the territory where the applicant lives) has no U.S. senators.] How many voting members are in the House of Representatives? Four hundred thirty-five (435) How long is a term for a member of the House of Representatives? Two (2) years Why do U.S. representatives serve shorter terms than U.S. senators? To more closely follow public opinion How many senators does each state have? Two (2) Why does each state have two senators? Equal representation (for small states) The Great Compromise (Connecticut Compromise) Name your U.S. representative. Answers will vary. [Residents of territories with nonvoting Delegates or Resident Commissioners may provide the name of that Delegate or Commissioner. Also acceptable is any statement that the territory has no (voting) representatives in Congress.] What is the name of the Speaker of the House of Representatives now? * Visit uscis.gov/citizenship/test updates for the name of the Speaker of the House of Representatives. Who does a U.S. senator represent? Citizens of their state People of their state Who elects U.S. senators? Citizens from their state Who does a member of the House of Representatives represent? Citizens in their (congressional) district Citizens in their district People from their (congressional) district People in their district Who elects members of the House of Representatives? Citizens from their (congressional) district Some states have more representatives than other states. Why? the state’s population they have more people some states have more people The President of the United States is elected for how many years? * Four (4) years The President of the United States can serve only two terms. Why? Due to the 22nd Amendment To keep the president from becoming too powerful What is the name of the President of the United States now? * Biden What is the name of the Vice President of the United States now? * Visit uscis.gov/citizenship/testupdates for the name of the Vice President of the United States. If the president can no longer serve, who becomes president? The Vice President (of the United States) Name one power of the president. Signs bills into law Vetoes bills Enforces laws Commander in Chief (of the military) Chief diplomat Who is Commander in Chief of the U.S. military? The President (of the United States) Who signs bills to become laws? The President (of the United States) Who vetoes bills? * The President (of the United States) Who appoints federal judges? The President (of the United States) The executive branch has many parts. Name one. President (of the United States) Cabinet Federal departments and agencies What does the President’s Cabinet do? Advises the President (of the United States) What are two Cabinet-level positions? Attorney General Secretary of Agriculture Secretary of Commerce Secretary of Defense Secretary of Education Secretary of Energy Secretary of Health and Human Services Secretary of Homeland Security Secretary of Housing and Urban Development Secretary of the Interior Secretary of Labor Secretary of State Secretary of Transportation Secretary of the Treasury Secretary of Veterans Affairs Vice President (of the United States) Why is the Electoral College important? It decides who is elected president. It provides a compromise between the popular election of the president and congressional selection. What is one part of the judicial branch? Supreme Court Federal Courts What does the judicial branch do? Reviews laws Explains laws Resolves disputes (disagreements) about the law Decides if a law goes against the (U.S.) Constitution What is the highest court in the United States? * Supreme Court How many seats are on the Supreme Court? Nine (9) How many Supreme Court justices are usually needed to decide a case? Five (5) How long do Supreme Court justices serve? (For) life Lifetime appointment (Until) retirement Supreme Court justices serve for life. Why? To be independent (of politics) To limit outside (political) influence Who is the Chief Justice of the United States now? Visit uscis.gov/citizenship/testupdates for the name of the Chief Justice of the United States. Name one power that is only for the federal government. Print paper money Mint coins Declare war Create an army Make treaties Set foreign policy Name one power that is only for the states. Provide schooling and education Provide protection (police) Provide safety (fire departments) Give a driver’s license Approve zoning and land use What is the purpose of the 10th Amendment? (It states that the) powers not given to the federal government belong to the states or to the people. Who is the governor of your state now? * Answers will vary. [District of Columbia residents should answer that D.C. does not have a governor.] What is the capital of your state? Answers will vary. [District of Columbia residents should answer that D.C. is not a state and does not have a capital. Residents of U.S. territories should name the capital of the territory. There are four amendments to the U.S. Constitution about who can vote. Describe one of them. Citizens eighteen (18) and older (can vote). You don’t have to pay (a poll tax) to vote. Any citizen can vote. (Women and men can vote.) A male citizen of any race (can vote). Who can vote in federal elections, run for federal office, and serve on a jury in the United States? Citizens Citizens of the United States U.S. citizens What are three rights of everyone living in the United States? Freedom of expression Freedom of speech Freedom of assembly Freedom to petition the government Freedom of religion The right to bear arms What do we show loyalty to when we say the Pledge of Allegiance? * The United States The flag Name two promises that new citizens make in the Oath of Allegiance. Give up loyalty to other countries Defend the (U.S.) Constitution Obey the laws of the United States Serve in the military (if needed) Serve (help, do important work for) the nation (if needed) Be loyal to the United States How can people become United States citizens? Naturalize Derive citizenship Be born in the United States What are two examples of civic participation in the United States? Vote Run for office Join a political party Help with a campaign Join a civic group Join a community group Give an elected official your opinion (on an issue) Contact elected officials Support or oppose an issue or policy Write to a newspaper What is one-way Americans can serve their country? Vote Pay taxes Obey the law Serve in the military Run for office Work for local, state, or federal government Why is it important to pay federal taxes? Required by law All people pay to fund the federal government Required by the (U.S.) Constitution (16th Amendment) Civic duty It is important for all men age 18 through 25 to register for the Selective Service. Name one reason why. Required by law Civic duty Makes the draft fair, if needed The colonists came to America for many reasons. Name one. Freedom Political liberty Religious freedom Economic opportunity Escape persecution Who lived in America before the Europeans arrived? * American Indians Native Americans What group of people was taken and sold as slaves? Africans People from Africa What war did the Americans fight to win independence from Britain? American Revolution The (American) Revolutionary War War for (American) Independence Name one reason why the Americans declared independence from Britain. High taxes Taxation without representation British soldiers stayed in Americans’ houses (boarding, quartering) They did not have self-government Boston Massacre Boston Tea Party (Tea Act) Stamp Act Sugar Act Townshend Acts Intolerable (Coercive) Acts Who wrote the Declaration of Independence? * (Thomas) Jefferson When was the Declaration of Independence adopted? July 4, 1776 The American Revolution had many important events. Name one. (Battle of) Bunker Hill Declaration of Independence Washington Crossing the Delaware (Battle of Trenton) (Battle of) Saratoga Valley Forge (Encampment) (Battle of) Yorktown (British surrender at Yorktown) There were 13 original states. Name five. New Hampshire Massachusetts Rhode Island Connecticut New York New Jersey Pennsylvania Delaware Maryland Virginia North Carolina South Carolina Georgia Benjamin Franklin is famous for many things. Name one. Founded the first free public libraries First Postmaster General of the United States Helped write the Declaration of Independence Inventor U.S. diplomat George Washington is famous for many things. Name one. * “Father of Our Country” First president of the United States General of the Continental Army President of the Constitutional Convention Thomas Jefferson is famous for many things. Name one. Writer of the Declaration of Independence Third president of the United States Doubled the size of the United States (Louisiana Purchase) First Secretary of State Founded the University of Virginia Writer of the Virginia Statute on Religious Freedom James Madison is famous for many things. Name one. “Father of the Constitution” Fourth president of the United States President during the War of 1812 One of the writers of the Federalist Papers Alexander Hamilton is famous for many things. Name one. First Secretary of the Treasury One of the writers of the Federalist Papers Helped establish the First Bank of the United States Aide to General George Washington Member of the Continental Congress 1800s What territory did the United States buy from France in 1803? Louisiana Territory Louisiana Name one war fought by the United States in the 1800s. War of 1812 Mexican-American War Civil War Spanish-American War Name the U.S. war between the North and the South. The Civil War The Civil War had many important events. Name one. (Battle of) Fort Sumter Emancipation Proclamation (Battle of) Vicksburg (Battle of) Gettysburg Sherman’s March (Surrender at) Appomattox (Battle of) Antietam/Sharpsburg Lincoln was assassinated. Abraham Lincoln is famous for many things. Name one. * Freed the slaves (Emancipation Proclamation) Saved (or preserved) the Union Led the United States during the Civil War 16th president of the United States Delivered the Gettysburg Address What did the Emancipation Proclamation do? Freed the slaves Freed slaves in the Confederacy Freed slaves in the Confederate states Freed slaves in most Southern states What U.S. war ended slavery? The Civil War When did all men get the right to vote? After the Civil War During Reconstruction (With the) 15th Amendment 1870 Name one leader of the women’s rights movement in the 1800s. Susan B. Anthony Elizabeth Cady Stanton Sojourner Truth Harriet Tubman Lucretia Mott Lucy Stone Recent American History Name one war fought by the United States in the 1900s. World War I World War II Korean War Vietnam War (Persian) Gulf War Why did the United States enter World War I? Because Germany attacked U.S. (civilian) ships To support the Allied Powers (England, France, Italy, and Russia) To oppose the Central Powers (Germany, Austria-Hungary, the Ottoman Empire, and Bulgaria) When did all women get the right to vote? 1920 After World War I (With the) 19th Amendment What was the Great Depression? Longest economic recession in modern history When did the Great Depression start? The Great Crash (1929) Stock market crash of 1929 Who was president during the Great Depression and World War II? (Franklin) Roosevelt Why did the United States enter World War II? (Bombing of) Pearl Harbor Japanese attacked Pearl Harbor To support the Allied Powers (England, France, and Russia) To oppose the Axis Powers (Germany, Italy, and Japan) Dwight Eisenhower is famous for many things. Name one. General during World War II President at the end of (during) the Korean War 34th president of the United States Signed the Federal-Aid Highway Act of 1956 (Created the Interstate System) Who was the United States’ main rival during the Cold War? Soviet Union USSR Russia During the Cold War, what was one main concern of the United States? Communism Nuclear war Why did the United States enter the Korean War? To stop the spread of communism Why did the United States enter the Vietnam War? To stop the spread of communism What did the civil rights movement do? Fought to end racial discrimination Martin Luther King, Jr. is famous for many things. Name one. * Fought for civil rights Worked for equality for all Americans Worked to ensure that people would “not be judged by the color of their skin, but by the content of their character” Why did the United States enter the Persian Gulf War? To force the Iraqi military from Kuwait What major event happened on September 11, 2001 in the United States? * Terrorists attacked the United States Terrorists took over two planes and crashed them into the World Trade Center in New York City Terrorists took over a plane and crashed into the Pentagon in Arlington, Virginia Terrorists took over a plane originally aimed at Washington, D.C., and crashed in a field in Pennsylvania Name one U.S. military conflict after the September 11, 2001 attacks. (Global) War on Terror War in Afghanistan War in Iraq Name one American Indian tribe in the United States. Apache Blackfeet Cayuga Cherokee Cheyenne Chippewa Choctaw Creek Crow Hopi Huron Inupiat Lakota Mohawk Mohegan Navajo Oneida Onondaga Pueblo Seminole Seneca Shawnee Sioux Teton Tuscarora SYMBOLS AND HOLIDAYS What is the capital of the United States? Washington, D.C. Where is the Statue of Liberty? New York (Harbor) Liberty Island [Also acceptable are New Jersey, near New York City, and on the Hudson (River).] Why does the flag have 13 stripes? * (Because there were) 13 original colonies (Because the stripes) represent the original colonies Why does the flag have 50 stars? (Because there is) one star for each state (Because) each star represents a state (Because there are) 50 states What is the name of the national anthem? The Star-Spangled Banner The Nation’s first motto was “E Pluribus Unum.” What does that mean? Out of many, one We all become one What is Independence Day? A holiday to celebrate U.S. independence (from Britain) The country’s birthday Name three national U.S. holidays. * New Year’s Day Martin Luther King, Jr. Day Presidents Day (Washington’s Birthday) Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day What is Memorial Day? A holiday to honor soldiers who died in military service What is Veterans Day? A holiday to honor people in the (U.S.) military A holiday to honor people who have served (in the U.S. military) Which of the following ancient civilizations established a republican form of government? Roman During the 6th century B.C.E., the ancient Athenians divided the powers of their government between two assemblies and guaranteed certain political rights to all male citizens. How do these political reforms best illustrate how societies develop? by limiting government authority A certain country is characterized by the following traits: power achieved through inheritance The establishment and maintenance of these traits is based on which of the following principles? Divine right of kings Which modern democratic concept practiced in the United States is most like the democratic process of ancient Greece? the referendum What is the principal function of a written constitution? outlining the structure and powers of a government Which of the following objectives best describes the purpose of the system of checks and balances, as defined in the U.S. Constitution? keeping any one of the three branches of government from becoming too powerful Which modern process would be supported by the ancient Greeks? electing governors Laws against defamation, including libel and slander, property damage and breach of contract represent which legal concern underlying most Western nations? civil law Use the passage below, from an exchange between former president Nixon and a television interviewer, to answer the question that follows. "Well, when the president does it, that means that it is not illegal"-Richard M. Nixon Which constitutional principle does the statement from President Nixon contradict? rule of law Which form of government is based on popular sovereignty? Republic The U.S. Congress fulfilled which of the following purposes of government when it declared war on Japan after the attack on Pearl Harbor? providing for the common defense Which circumstance would require a search warrant? examining the contents of a hotel room In the United States, which of the following is permitted to citizens by the right of freedom of assembly? the right to demonstrate A man is walking down a public street window shopping (gazing at store window displays). A robbery is reposted in that same area. Police officers stop and search the man. He could contest this search on the grounds that it was a violation of his rights under the 4th amendment In the United States, how are conflicts between state laws and federal laws generally resolved? The conflict must be resolved using the Supremacy Clause. A suspect is accused of a crime in one state and flees to another state where they are apprehended. The state is very slow in returning the suspect to the state of origin and keeps them imprisoned. petition for a writ of habeas corpus Which phrase best describes the power of impeachment? the ability of the U.S. House to charge federal officers with a crime or violation At the Constitutional Convention, there was a major debate between large states and small states about representation in the new Congress. This debate was resolved by the Great Compromise. What was the result of this compromise? Congress would have two houses, one in which state representation was based on population and one in which all states had equal representation. Which of the following reflects the most important consequence of the Watergate break-in? resignation of the president of the United States Which legislation reflects federal efforts to regulate transportation? Interstate Commerce Act A state that permits citizens to vote directly on laws and policies is practicing a form of: direct democracy An individual's belief that ordinary citizens can affect what government does is: political efficacy The principle that authority of the government rests in the hands of the people is: popular sovereignty The "rule of law" is best described as: citizens are governed by laws; no one is above the law In the U.S., voters chose representatives from the state to represent them in the U.S. Congress. This is known as: indirect democracy Which of the following are reserved for U.S. citizens only? voting, serving on a jury, and holding federal office Which of the following best are the two dominant political parties in the U.S. Democrats and Republicans In general, the Republican party is ideologically conservative Who is responsible for registering voters in the state of Florida? a county supervisor of elections Who is the chief executive in a state? the governor Congress creates laws, but those laws can be vetoed by the president or overturned by the Supreme Court. This is an example of a Constitutional principle known as: Checks and Balances Articles one, two, and three in the Constitution reflect which constitutional principle: separation of powers The concept of self-government can be found in: the preamble beginning with "we the people" Which of the following best describes the concept of 'rule of law': No one is above the law, including government and elected officials. Which of the following best describes federalism: a dual system of sovereignty where both national and state governments have authority. During the ratification process of the Constitution, two major camps emerged: the _______ who opposed ratification, and ______ who supported its ratification. Anti-Federalists, Federalists The Anti-Federalists opposed the ratification of the Constitution because they were afraid that the new national government would be too powerful and thus threaten individual liberties. They favored all of the following EXCEPT: the indirect election of government officials To appease some of the fears of the Anti-Federalists and to ensure the ratification of the Constitution, the Federalists promised that they would: add amendments specifically protecting individual liberties The power of government to take private property for public use is called: eminent domain The president is elected by a majority of electoral votes. After an election a group of electors chosen by each state officially cast the electoral votes for their state to choose the President. Electoral College Introduced by Roger Sherman; set up a bicameral Congress - upper house called Senate with each state getting 2 votes & a lower house called the House of Representatives with each state's representation based on its population--satisfied both the large and small states Great Compromise is the breaking of the gov't into Federal and state levels, each having certain powers Federalism system of each branch of gov't having a power to check the power of the other to make sure no one branch becomes too powerful Checks and Balances headed by the President and carries out the laws; also includes the Vice President and the Cabinet members Executive Branch a statute in draft before it becomes law Bill the judge who presides over the supreme court Chief Justice The role of the president as the supreme commander of the armed forces of the United States. Commander-in-Chief highest ranking member of a state's executive branch Governor powers reserved for the states; examples: creating and maintaining an education system, creating local governments Reserved powers presidential power to stop a bill from becoming a law by rejecting it Veto power The order in which officials fill the office of president in case of a vacancy. presidential succession 1. Vice President 2. Speaker of the House of Representatives 3. President of the Senate Pro Tempore 9 justices nominated by President, confirmed by Senate; highest court in the nation; hears only appeals; interprets Constitutional law U.S. Supreme Court A series of acts passed by the government in response to the Boston Tea Party. They caused outrage, as the colonists viewed the acts as a violation of their rights. This led to the creation of the First Continental Congress and the Revolutionary War. Intolerable Acts/Coercive Acts Demonstration (1773) by citizens of Boston who raided three British ships in Boston harbor and dumped hundreds of chests of tea into the harbor; organized as a protest against taxes on tea. Boston Tea Party Rights & responsibilities entitled to citizens belonging to a political state or country; only citizens can run for federal office (i.e. President, Congress) Citizenship The meeting of state delegates in 1787 to revise the Articles of Confederation which produced the new U.S. Constitution Constitutional Convention An electoral system with two dominant parties that compete in national elections. Our two major parties are the Republicans and the Democrats. Two-Party System A belief that one has an obligation to participate in civic and political affairs. Civic Duty Clause of the Constitution that says the Constitution is the highest law of the land. Article 6, Clause 2 Supremacy Clause Powers shared by the state and federal government. concurrent powers powers specifically stated in Article 1, Section 8 of the Constitution as being granted to Congress Ex: power to establish post offices, power to regulate commerce delegated powers Clause in Article 1, Section 8 of the Constitution that gives Congress the right to make all laws "necessary and proper" to carry out powers not expressly stated but necessary; cited in the Supreme Court landmark case McCulloch v. Maryland (1819) Elastic Clause (Necessary and Proper Clause) The powers Congress has that are specifically stated in the Constitution enumerated/expressed/delegated powers The powers Congress has that are not specifically stated in the Constitution implied powers The branch of government that interprets the law; made up the U.S. Supreme Court and lower federal courts Judicial Branch The branch that makes the laws; This is the branch the founders gave the most powers to because it is made up of many representatives elected directly by the people. Legislative Branch (Congress) The power lies with the people popular sovereignty Officer of the Senate selected by the majority party to act as chair in the absence of the Vice President who is the President of the Senate President pro tempore of the Senate The lower legislative house of Congress; number of representatives from each state is based on population and each representative is elected by a district in their state; members serve 2 year terms House of Representatives The upper house of the United States Congress with 100 members-2 from each state; Senators serve 6 year terms and represent all of their state's citizens Senate Part of the first amendment explaining that you have the freedom to practice any religion of your choice Free Exercise Clause The type of government where power is derived from the people and the people elect representation democracy Document written by English Parliament in 1689, designed to prevent abuse of power by English monarchs; parts of the U.S. Bill of Rights have foundation in that document English Bill of Rights The rights people have by the virtue of being human beings; both the Declaration of Independence and Constitution address the government's role in protecting these rights natural rights No one is above the law; Everyone must follow the laws, regardless of their position of power. This was established by the Magna Carta in 1215. Rule of law The fair treatment through the normal judicial system due process of law The pamphlet that advocated for the colonies declaring independence from Britain; supported the need for a democratic government where the people had representation Common Sense by Thomas Paine The belief that people are free and equal by natural right, but will give up some freedom to give power to the government so that the government can protect their rights. Social Contract Theory Article VI of the Constitution, which makes the Constitution the supreme law of the land and states that states cannot pass laws that conflict with federal laws. Supremacy Clause Head of a city's government elected by the people who are citizens of that city Mayor movement in the United States beginning in the 1960s to establish civil rights Civil Rights Movement law requiring men to register for military service Selective Service Act war between Great Britain and its American colonies, by which the colonies won their independence American Revolution Compromise made when writing the Constitution to satisfy both free and slave states; said for every 5 slaves, 3 would count in a state's population for both representation and tax purposes 3/5 Compromise A formal document charging a public official with misconduct in office impeachment the opening section of the Constitution; brief introductory statement of the fundamental purposes and guiding principles that the Constitution is meant to serve Preamble to the Constitution the leader of the majority party who serves as the presiding officer of the House of Representatives Speaker of the House of Representatives This document was written by Thomas Jefferson and adopted on July 4, 1776 establishing the 13 American colonies as independent states, free from rule by Great Britain. The preamble (first section) lists our unalienable rights: life, liberty and the pursuit of happiness. Declaration of Independence The idea that our government derives its power from the people because we elect representatives to the legislative branch of government consent of the governed Commander & Chief of Army, Navy, State Militia? The President Naturalization laws are enacted by? The Congress How are the seats in the House of Representatives apportioned? What is the number of House members? The seats in the House of Representatives are apportioned among the states by population, as determined by the census conducted every ten years. 435 members. Amendments can be proposed by? Amendments to the Constitution can be proposed by a 2/3rds vote of both houses or by 2/3rds of the state legislatures. An amendment is ratified by approval of 3/4ths of the state legislatures or by convention in 3/4ths of the states. Who can declare war? Only Congress. Who is President of the Senate and what is his/her role? Vice President. Presides over the Senate. Can only vote if there is a tie. If V.P. isn’t in attendance a pro-tempura (or President Pro-tem) is used. Who refused to send delegates to the Constitutional Convention? Rhode Island What is a writ of Habeas Corpus? Legal document stating the right of a jailed person to be released if proper charges cannot be brought against him. House of Representatives are limited to how many members? (Regardless of increase in population). They have the power to impeach the president, propose finance bills, select their own speaker. What are the requirements to be a US Representative? 25 years old, 7 years resident of U.S. and must live in the district and state in which elected. Who was opposed to the Constitution? Anti-Federalists. Supporters were the Federalists. What is the process for a bill becoming a law? Congress proposes bills. President must sign in 10 days or bill is returned to Congress to be passed by a 2/3rds vote in order to override veto. If not signed or returned in10 days, bill automatically becomes law. Pocket veto-- President does not sign, but Congress has adjourned before the 10 days. What are the requirements to become a Senator and what sole power lies with the Senate? 30 yrs. old, 9 years as U.S. resident. President of Senate is the V.P.; votes only in a tie. The Senate has the sole power to convict an impeached president by a 2/3rds vote. (Chief Justice takes V.P.'s place in Senate during trial). What is the definition of treason? Levying war and or aiding and comforting the enemy. Requires: 2 witnesses to the act or a confession in court. What are the requirements to be President? 35 years old, natural-born citizen and at least 14 years residency in U.S. President's oath: "…preserve, protect and defend the Constitution of the U.S." How are finance bills proposed and approved? Must start in the House of Representatives then approved by Senate. President may sign the bill into law or veto. How often are Senators and the House of Representatives elected? Senators: 1/3rd of Senate elected every 2 yrs. (serve a 6 year term). House of Representatives: All members are elected every 2 years (they serve a 2 year term). Describe some important facts about the Constitutional Convention. Held in Philadelphia in 1787. First to sign was George Washington & William Johnson was the last. 12 states were represented. Which president (s) were impeached? Andrew Johnson and Bill Clinton were both impeached by the House of Representatives. Johnson was tried by the Senate, but acquitted by 1 vote (a 2/3rds majority is required). Clinton was tried in the Senate and found not guilty of the charges brought against him (the vote on both counts falling short of the 2/3rds majority). How are Amendments ratified? a.) By 2/3 vote in both houses of Congress or b) By a National Convention called by Congress at the request of 2/3rds of the states. How are Amendments proposed? a) By the legislators of 3/4ths of the states or b) By conventions in 3/4ths of the states. The first chief justice of the united states was: John jay Which phrase from a letter written by President Thomas Jefferson in 1802 reflects a freedom in the Bill of Rights? “Building a wall of separation between Church & State” Constitutions should consist only of general provisions: The reason is, that they must necessarily be permanent, and that they cannot calculate for the possible changes of things. . . .” — Alexander Hamilton, 1788 Which provision of the United States Constitution best supports the idea expressed in this quotation? elastic clause The presence of which pair of geographic conditions discouraged the development of a plantation economy in the New England colonies? rocky soil and short growing season Use the passage below, from an exchange between former president Nixon and a television interviewer, to answer the question that follows. “Well, when the president does it, that means that it is not illegal”–Richard M. Nixon Source: The Washington Post, June 5, 1977 Which constitutional principle does the statement from President Nixon contradict? rule of law During the 6th century B.C.E., the ancient Athenians divided the powers of their government between two assemblies and guaranteed certain political rights to all male citizens. How do these political reforms best illustrate how societies develop? by limiting government authority One way in which the Declaration of Independence and the original United States Constitution are similar is that both promote the idea of the consent of the governed The main objection to the adoption of the United States Constitution was based primarily on the belief that individual freedoms could be restricted by a strong central government. In U.S. V. Nixon, what presidential action was declared unconstitutional? Claiming executive privilege when refusing to cooperate with a criminal investigation. Which form of government is based on popular sovereignty? republic What did the Declaration of Independence do? Declared independence from Great Britain Which of the following ancient civilizations established a republican form of government? Roman Judges of the supreme court must be nominated by: The president What was the main cause of the French and Indian War (1754–1763)? disputed land claims in the Ohio River valley between the French and the British The courts may not take a man’s life without: Due process of law Which modern democratic concept practiced in the United States is most like the democratic process of ancient Greece? the referendum How many supreme court justices are there, according to the constitution? The constitution does not establish the number of supreme court justices. The British government’s use of writs of assistance against American merchants is one reason the Bill of Rights includes protection against unreasonable search and seizure Every thing that is right or reasonable pleads for separation. The blood of the slain, the weeping voice of nature cries, ’TIS TIME TO PART. . . .” — Thomas Paine, Common Sense In this quotation, Thomas Paine is trying to convince the colonists to declare their independence from England. A certain country is characterized by the following traits: 1. power achieved through inheritance 2. same ruling family for over a century 3. finite freedoms and rights 4. hierarchical social status 5. single established state religion The establishment and maintenance of these traits is based on which of the following principles? divine right of kings What is an amendment? A change or an addition to the Constitution The United States Constitution grants the Senate the power to approve treaties The length of term for a U.S. Supreme court judge is: Life Laws against defamation, including libel and slander, property damage and breach of contract represent which legal concern underlying most Western nations? civil law How many amendments does the Constitution have? 27 Which modern process would be supported by the ancient Greeks? electing governors The supreme court has the right to Review decisions of the inferior courts Which statement about the electoral college system is accurate? A candidate can be elected president without the majority of the popular vote. What is the principal function of a written constitution? outlining the structure and powers of a government All bills for raising revenue shall originate in the House of Representatives; . . .” — Article 1, Section 7, United States Constitution give citizens more influence over taxation issues. Which of the following objectives best describes the purpose of the system of checks and balances, as defined in the U.S. Constitution? keeping any one of the three branches of government from becoming too powerful The power of judicial review was established when the Supreme Court issued its ruling in Marbury v. Madison (1803) Use the scenario below to answer the question that follows. A suspect is accused of a crime in one state and flees to another state where they are apprehended. The state is very slow in returning the suspect to the state of origin and keeps them imprisoned. Which of the following represents a suitable petition for the suspect in this situation, in regard to their constitutional rights? petition for a writ of habeas corpus One way that the British government carried out the policy of mercantilism was by requiring that most colonial trade occur within the British Empire To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” — Article I, Section 8, United States Constitution This clause was used by Secretary of the Treasury Alexander Hamilton to justify establishing the Bank of the United States Why did colonists living under British rule protest British tax policies? The colonists claimed that the tax policies violated their political rights. As to government matters, it is not in the power of Britain to do this continent justice: the business of it will soon be too weighty and intricate to be managed with any tolerable degree of convenience, by a power so distant from us, and so very ignorant of us; for if they cannot conquer us, they cannot govern us. To be always running three or four thousand miles with a tale or a petition, waiting four or five months for an answer, which, when obtained, requires five or six more to explain it in, will in a few years be looked upon as folly and childishness. There was a time when it was proper, and there is a proper time for it to cease.… — Thomas Paine, Common Sense, 1776 What is the main argument Thomas Paine makes concerning the relationship between Great Britain and its American colonies? America is too distant for Great Britain to govern effectively. Most of the amendments to the United States Constitution have dealt with guaranteeing civil and political rights Which phrase best describes the power of impeachment? the ability of the U.S. House to charge federal officers with a crime or violation. The United States, together with the United Nations, exhausted every means at our disposal to bring this crisis to a peaceful end. However, Saddam [Hussein] clearly felt that by stalling and threatening and defying the United Nations, he could weaken the forces arrayed against him. . . .” — President George H. W. Bush, address to the nation, January 16, 1991 President George H. W. Bush used this statement to defend taking military action to liberate Kuwait from Iraqi aggression. Based on the United States Constitution, the census helps to determine the number of electoral votes assigned to each state In writing the Declaration of Independence, Thomas Jefferson was most directly influenced by the social contract theory of John Locke Which statement is a fact rather than an opinion? The power of judicial review was established by a Supreme Court decision. The Federal Reserve System was created in 1913 to control the money supply Who was the only supreme court chief justice to have been secretary of state? John marshall In the United States, how are conflicts between state laws and federal laws generally resolved? The conflict must be resolved using the Supremacy Clause Who was the first African American justice of the supreme court? Thurgood marshall The main purpose of the Federalist Papers was to urge ratification of the Constitution Which circumstance would require a search warrant? examining the contents of a hotel room What prevents one branch of government from becoming too powerful? Checks and balances Which president tried to “Pack” the supreme court with his own appointees? Franklin Roosevelt An example of the unwritten constitution is the formation of political parties The goal of the War Powers Act of 1973 was to limit the president’s power to use military force without congressional approval For how many years is a United States Senator elected? 6 Which event most directly contributed to the growth of New York City as the nation’s leading trade center? opening of the Erie Canal The U.S. Congress fulfilled which of the following purposes of government when it declared war on Japan after the attack on Pearl Harbor? providing for the common defense How many US Senators are there? 100 A fundamental principle of a republican form of government is that legislation must be passed by the elected representatives of the people The judicial branch of government can check the legislative branch of government by declaring laws unconstitutional Judges of the supreme court must be nominated by: The president The belief expressed in this statement was put into law by the addition of the first amendment to the United States Constitution In the United States, which of the following is permitted to citizens by the right of freedom of assembly? the right to demonstrate What happens if there is a tie vote in a supreme court decision? The lower court's ruling is automatically affirmed In what instance does the supreme court have original jurisdiction? When a state is party to a case President George H. W. Bush used this statement to defend taking military action to liberate Kuwait from Iraqi aggression How many members are in the House of Representatives? 435 What are the qualifications needed to serve in the House of Representatives? 25 years old Citizen of U.S. for 7 years Legal resident of state that elects them Terms of office for members of the House: Elected every two years 90% are re-elected Election is held in November on even number years Census Counts population, every ten years Reapportionment Population of state which determines the number of representatives their entitled How many senators are in the United States Senate? 100 2 from each state What are the qualifications to serve in the Senate? 30 years old Citizen of U.S. for 9 years before election Legal resident of state they represent What are "at-large" elections? All the voters of the state elect Terms of office for members of Senate: 2 year terms Most win re-election Term begins January 3rd Election on November How many members are there in Congress? 535 100 Senators and 435 Representatives What do we know about incumbents? Members who have already been in office most likely always win re-election Constituents People in the districts they represent Party Affiliation Being associated with a certain party Speaker of the House Presiding officer of the house and is its most powerful leader Appoints members of committees Refers bills to committees Leader of majority party Caucus Majority party chooses the house speaker at the start of each session of Congress, and the entire house membership approves the choice of the speaker Majority Leader Speakers top assistant Steer important bills through the house Make sure chair persons finish work on important bills Whips Assistant floor leader Watch how party members intend to vote on bills Persuade to vote as party wishes Make sure party members are present to vote Bills A proposed law It's a bill until both houses of congress pass it and the president signs it House Calendar List bills that are up for consideration House Rules Committees Help direct flow of major legislation Decide whether a bill can be amended Quorum Minimum number of members who must be present to permit a legislative body to take official action 218 people for majority Who is the president of the Senate? Vice president What powers does the president of the Senate have? Presides over Senate, but no real power President Pro Tempore Presides if vice president isn't there Minority Leader Develops criticisms of majority party's bills Tries to keep senators in the minority party working together Filibuster Stall legislative process and prevent a vote Cloture Procedure that allows each senator to speak for only 1 hour on a bill under debate Trustee Vote on conscience Delegate Sent to represent others Partisan Strong supporter of a party Vote to help their party Politico Formal term for politician Combine elements of trustee, delegate, and partisan Describe the purpose of Committees: 1) Allows congress to divide work among many smaller groups 2) Select bills that are to receive further consideration 3) Hold public hearings and investigations Standing Committees Each deal with a specific issue Continue from one congress to the next Permanent Subcommittees Specialize in subcategory of its standing committees responsibility Select Committees Study one specific issue and report their findings to the Senate or the House Temporary Joint Committees Made up of members from House and Senate, Temporary or permanent, Have members from both political parties Conference Committees Temporary, Made by both House and Senate, Talk about different versions of the same law How are committees assigned? In both the House and the Senate, the political partier assign members to the standing committees Rules Committee Determines under what rule other bills will come to the floor, Most powerful Ways and Means All tax codes go through this Appropriations Direct the flow of ALL governments money Foreign Relations Directly influence American foreign policy Describe the changes of the Seniority System: Bypass senior members up for chairs No more secret ballot Library of Congress One of the largest libraries in the world Contains books, journals, music, photos, etc. Controls copy rights Researches for Congress Congressional Budget Office Coordinate budget making work of Congress Studies budget proposals of president Researches proposed costs of new programs Studies economic trends and how government actions could impact the economy General Accounting Office Nations watchdog over spending Provide research for lawmakers over specific programs Appropriations Bill Proposed laws to authorize spending money Interstate Commerce Trade among the states Heart of Atlanta Motel v. United States In 1964 used its power to regulate interstate commerce to pass the landmark Civil Rights Act Senate impeachment process 2/3 majority vote of the parliament, then constitutional court decides whether the president is guilty, and if he is then he is removed from power House of Representatives impeachment process Power to remove any federal official Accusation of misconduct in office Simple majority of quorum Subpoena Legal order that a person appear or produce a requested document Perjury Lying under oath to Congress Legislative Oversight Review of how effective the executive branch carries out the laws passed by congress Legislative Veto Closed by congress wrote provisions into some of the laws that allowed it to review and carrie out actions of executive agencie Presidential Veto President can veto things that are passed by Congress Line-Item Veto Allows a veto of only certain lines in a bill Simple Resolution Covers matters that are only affecting one house Does not have the force law Joint Resolution The bill is passed by both houses and if the president signs it, it gives for to be a law Has the force of law Concurrent Resolution Both the House and the Senate are required to take part, but no law is needed Does not have force of law Rider A provision other then the one covered in the bill -Conference Committee: If the houses disagree on a bill they have a conference and work out the problems -President: Can either sign the bill, not sign the bill, veto, or pocket veto the bill Pigeonholing Holding a bill until it dies Congressional options to a veto: Possible to override a veto with 2/3 vote in each house Describe the impact of lobbyists They try to persuade congress to support their cause and bill The Bill of Rights was added to the US Constitution primarily to: provide the President with power in times of emergency establish fair and impartial elections protect individual liberties guarantee voting privileges to minorities Which guarantees freedom of the press, freedom of speech, and freedom of religion to individuals in the US? the Treaty of Paris 1783 the Articles fo Confederation the First Amendment to the US Constitution the Fifth Amendment to the US Constitution Which has been an important limitation on the power of eminent domain found in the Fifth Amendment? The reciting of prayers in public schools has been prohibitied There must be "clear and present danger" before it can be exercised Individuals accused of commiting crimes are protected from abusive behavior by the police Governments must provide "reasonable compensation" when taking a person's property Which of the following words are part of the Declaration of Independence? "They are endowed by their Creator with certain unalineable right, that among these are the right of live, liberty and the pursuit of happiness." "All persons born or naturalized in the US are citizens of the US." "No solider shall, in time of peace, be quartered in any house, without the consent of the owner." "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." Which action would be protected by the First Amendment? A reporter publishes an article critical of city officials A man on trial refused to testify against himself A woman asks to see a lawyer before answering questions from the police A family refuses to permit soldiers to be housed in their home In the US, illegally obtained evidence cannot be used in a court of law against someone. This rule is based on an individual's constitutional right to: face accusers in open court be protected agaisnt double jeopardy a speedy and public trial by an impartial jury protection against unreasonable searches and seizures SUPPORTERS of RATIFICATION of the CONSTITUTION and of a strong central government. Federalists They opposed the ratification of the Constitution because it gave more power to the federal government and less to the states, and because it did not ensure individual rights. The Anti-federalists were instrumental in obtaining passage of the BILL of RIGHTS as a prerequisite to ratification of the Constitution in several states Anti-Federalists The New Jersey Plan and Virginia Plan differed mainly over what? State representation in the legislative branch Quote: "We hold these truths to be self-evident: that all men are created equal. . . ." Declaration of Independence, July 4, 1776 Quote: "it is the great parent of science & of virtue: and that a nation will be great in both, always in proportion as it is free." Thomas Jefferson to Joseph Willard, March 24, 1789 Quote: "our liberty depends on the freedom of the press, and that cannot be limited without being lost." Thomas Jefferson to Dr. James Currie, January 28, 1786 Quote: "nothing can now be believed which is seen in a newspaper. truth itself becomes suspicious by being put into that polluted vehicle." Thomas Jefferson to John Norvell, June 11, 1807 Quote: "I, however, place economy among the first and most important republican virtues, and public debt as the greatest of the dangers to be feared." Thomas Jefferson to William Plumer, July 21, 1816 Quote: "bigotry is the disease of ignorance, of morbid minds; enthusiasm of the free and buoyant. education & free discussion are the antidotes of both." Thomas Jefferson to John Adams, August 1, 1816 Quote: "What a stupendous, what an incomprehensible machine is man! Who can endure toil, famine, stripes, imprisonment & death itself in vindication of his own liberty, and the next moment . . . inflict on his fellow men a bondage, one hour of which is fraught with more misery than ages of that which he rose in rebellion to oppose." Thomas Jefferson to Jean Nicholas Demeunier, January 24, 1786 Quote: "yet the hour of emancipation is advancing . . . this enterprise is for the young; for those who can follow it up, and bear it through to it's consummation. it shall have all my prayers, and these are the only weapons of an old man." Thomas Jefferson to Edward Coles, August 25, 1814 Quote: "the two principles on which our conduct towards the Indians should be founded, are justice & fear. after the injuries we have done them, they cannot love us . . . ." Thomas Jefferson to Benjamin Hawkins, August 13, 1786 Quote: "The expedition of Messrs. Lewis & Clarke for exploring the river Missouri, & the best communication from that to the Pacific ocean, has had all the success which could have been expected." Thomas Jefferson's Sixth Annual Message to Congress, December 2, 1806 Quote: "I agree with you that it is the duty of every good citizen to use all the opportunities, which occur to him, for preserving documents relating to the history of our country." Thomas Jefferson to Hugh P. Taylor, October 4, 1823 Quote: "I had rather be shut up in a very modest cottage with my books, my family and a few old friends, dining on simple bacon, and letting the world roll on as it liked, than to occupy the most splendid post, which any human power can give." Thomas Jefferson to Alexander Donald, February 7, 1788 Quote: "Whenever the people are well informed, they can be trusted with their own government; that whenever things get so far wrong as to attract their notice, they may be relied on to set them to rights." Thomas Jefferson to Richard Price, January 8, 1789 Quote: "I have often thought that nothing would do more extensive good at small expense than the establishment of a small circulating library in every county, to consist of a few well-chosen books, to be lent to the people of the country under regulations as would secure their safe return in due time." Thomas Jefferson to John Wyche, May 19, 1809 Quote: "our particular principles of religion are a subject of accountability to our god alone. I enquire after no man's and trouble none with mine; nor is it given to us in this life to know whether yours or mine, our friend's or our foe's, are exactly the right." Thomas Jefferson to Miles King, September 26, 1814 Quote: " . . . there is no act, however virtuous, for which ingenuity may not find some bad motive." Thomas Jefferson to Edward Dowse, April 19, 1803 Quote: "When angry, count ten before you speak; if very angry, an hundred." Thomas Jefferson to Thomas Jefferson Smith, February 21, 1825 Quote: "I cannot live without books." Thomas Jefferson to John Adams, June 10, 1815 Which legislation reflects federal efforts to regulate transportation? Interstate Commerce Act Which legislation reflects federal efforts to regulate transportation? Interstate Commerce Act The Mayflower Compact includes a pledge to ensure that all citizens look out for the general good of the colony. Based on this, what impact has the Mayflower Compact had on modern understanding of the purpose of government in the United States? The government should provide equal protection under the law. Why did colonists living under British rule protest British tax policies? The colonists claimed that the tax policies violated their political rights. Use the excerpt below, from the Thirteenth Amendment, to answer the question that follows. “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” Source: National Archives and Records Administration”. Which of the following contains a clause that may have served as an inspiration for the above language? Northwest Ordinances During the 6th century B.C.E., the ancient Athenians divided the powers of their government between two assemblies and guaranteed certain political rights to all male citizens. How do these political reforms best illustrate how societies develop? by limiting government authority In the United States, which of the following is permitted to citizens by the right of freedom of assembly? the right to demonstrate. Which modern process would be supported by the ancient Greeks? electing governors Which of the following reflects the most important consequence of the Watergate break-in? resignation of the president of the United States In the United States, how are conflicts between state laws and federal laws generally resolved? The conflict must be resolved using the Supremacy Clause. Which of the following ancient civilizations established a republican form of government? Roman Which person is considered to be the principal author of the U.S. Constitution? James Madison “In order to attract investment and business and reduce expenses, a state legislature proposes passing a law that removes the need for certain federal regulatory features relating to office and factory environments”. Which legislative action would most likely cause the U.S. Supreme Court to decide that this violated the Supremacy Clause? Occupational Safety and Health Act The U.S. Congress fulfilled which of the following purposes of government when it declared war on Japan after the attack on Pearl Harbor? providing for the common defense At the Constitutional Convention, there was a major debate between large states and small states about representation in the new Congress. This debate was resolved by the Great Compromise. What was the result of this compromise? Congress would have two houses, one in which state representation was based on population and one in which all states had equal representation. Which phrase best describes the power of impeachment? the ability of the U.S. House to charge federal officers with a crime or violation Which modern democratic concept practiced in the United States is most like the democratic process of ancient Greece? the referendum Use the passage below, taken from a presidential nomination speech, to answer the question that follows. “What do the people of America want more than anything else? To my mind, they want two things: work, . . . and with work, a reasonable measure of security . . .” Based on the passage, which government program would the speaker support? New Deal The Bill of Rights, the first ten amendments to the U.S. Constitution, primarily functions to: Protect individual liberties against government intrusion. Which of the following is a power that the U.S. Constitution grants to Congress? Power to declare war. Which official is the top law enforcement official at the county level of government? sheriff Use the quotation to answer the question. “The way to have good and safe government is not to trust it all to one, but to divide it among the many, distributing to everyone exactly the functions in which he is competent.” —Thomas Jefferson, letter to Joseph C. Cabell, 1816 How does this quote support the idea of different obligations for state and local governments? Different levels of government can provide separate services more easily and efficiently. Like the U.S. Constitution, the Florida Constitution establishes which of the following? three branches of government Why do some states prefer the Missouri Plan for choosing judges? It combines appointment of judges with election of judges Of the following, what may happen following a guilty verdict in a criminal case? The defendant appeals the case to a higher court. What stops one branch of government. from becoming too powerful? Checks & balances. Which U.S Supreme Court case held that a person accused of a crime must be advised of their 5th & 6th amendment rights upon their arrest? Miranda vs Arizona (1966) Who does a U.S Senator represent? The residents of a single state The U.S Constitution requires that the President be elected by whom? The electoral college Which structure found in the U.S Constitution was included as a response to a concern expressed in the Declaration of Independence? Separation of powers Length of U.S President’s elected term? 4 years Which phrase in the U.S Constitution addresses the power to seize property? Eminent domain Which phrase from a letter written by Sarah Grimké in 1837 is reflected in the 14th amendment? “I ask no favors for my sex I surrender not our claim to equality” Who is in charge of the executive branch? The president Which government officials are elected by the people? Mayors What are two natural rights identified in the Declaration of Independence? Life and liberty Why did many colonists fight the British during the American Revolution? They opposed taxation without representation Which phrase from a letter by Abigail Adams to her husband John Adams in 1776 is reflected in the 19th amendment? “I desire you would remember the ladies and be more generous and favorable to them” Which phrase from the English Bill of Rights (1689) is reflected in the U.S Constitution’s 3rd amendment? “That keeping a standing army within the kingdom in time of peace is against the law” Based on the US Constitution which part of the government was intended to hold the least power? The judiciary The colonists used a political cartoon with the caption “join or die” to support what? Forming their own government Which is a shared power in the federal system? Collecting taxes Who has the power to veto bills? The president Who signs proposed bills into federal laws? The president What is the length of a US Representative elected term? 2 years How many US Senators represent each state? Two What is one qualification to serve as a member of the US House of Representatives? Must be at least 25 years old What is an example of a power reserved to the states? Creating school systems Why does article 1, section 7 of the US constitution require that tax bills be introduced in the house of representatives? Because the original English colonists were taxed without their consent What is an example of a democratic process? The people elect a governor Which of the following represents the principle of consent of the governed? Individuals elect members of the House of Representatives Which part of the government was created to reflect the colonists’ position that governments derive their powers from the consent of the governed? The legislature What is one chamber of the US Congress? Senate Which two steps are required in order for someone to become chief justice of the US supreme court? Nomination by the president and confirmation by the Senate What is a core theme of the Federalist papers? The proposed Constitution should be ratified Which of the following represents the goal of the supremacy clause? States may not pass laws that conflict with federal laws First two paragraphs of the declaration of independence state what? The preamble Which statement from the English bill of rights is reflected in the US Constitution’s eighth amendment? “That excessive bail ought not to be required nor cruel and unusual punishment inflicted” What is an example of federalism? The principle that the national and state government share power Who is the commander-in-chief of the military? President of the United States What is the highest federal court in the United States? The Supreme Court Which point of view is reflected in the “common sense”? Representatives should be elective What is the purpose of the civil rights movement? To secure equalities What is one responsibility of only US citizens? Serving on a jury What did the US Constitution do? Formed a unitary government What is the minimum number of US House of Representatives that represent each state? One Which US supreme court case is correctly paired with the rights that pertain to the first amendment? Citizens of the United States versus the federal election commission (2010) Which right from the English bill of rights is reflected in the US Constitution’s first amendment? “To petition the king” What is the purpose of the 17th amendment? (outlines senate representation for the states and that there will be direct election of US senators by US citizens) To promote democratic participation What is an example of judicial review? The power of the Supreme Court to find laws unconstitutional What phrase is included in the Declaration of Independence? “All men are created equal” Which of the following documents provided the rationale for the declaration of independence? Common sense- a pamphlet written by Thomas Paine in 1775 advocating independence from Great Britain to the people in the colonies. Which of the following was established by a constitutional amendment? The president may serve no more than two elected terms What is an example of representation? The US Congress passes a law Which document was adopted by the newly independent United States to organize the national government after declaring independence? Articles of confederation What is the “rule of law”? No one is above the law Which action is an example of petitioning the government? Lobbying officials How did the holding in the US Supreme Court case Miranda vs Arizona impact criminal defendants? It established that defendants were protected against self-incrimination How did the holding in the US Supreme Court case Gideon versus Wainwright impact criminal defendants? It established that defendants had the right to counsel Which right did the colonists consider “inalienable” in the Declaration of Independence? Pursuit of happiness Which scenario represents a violation of the equal protection clause? A state law establishes a higher minimum wage for men then for women How did the US constitution resolve the dispute between slave and free states over representation? The 3/5 compromise How did the supreme court case District of Columbia vs Heller impact state rights? Reduce the ability of states to place restrictions on Second Amendment rights What is the length of US senators elected term? Six years What is one power of the US Senate? Ratify international treaties What are the branches of the US federal government? legislative judicial executive Which of the following is a right reserved for US citizens only? Running for federal office (ex.the president) If both the US president and the US vice president are unable to serve, who acts as president? The speaker of the house Due process of law Fair treatment in judicial proceedings What is the purpose of the selective service system? To draw for compulsory military service American
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