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POLS-Y103 Exam 1 Review
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What are some examples of things that fall under "the right to privacy"?
Abortion, sexual orientation, birth control, the right to die, the right to be left alone (by both the gov. & individuals)
What does the 8th Amendment protect against?
Excessive bail & cruel & unusual punishment
Which case established the precedent that all individuals facing imprisonment have a right to counsel, regardless of whether they are indigent?
Gideon v. Wainwright (1963)
The right to counsel is guaranteed by the ____ Amendment.
6th
What is the purpose of a grand jury?
Determines if there is enough evidence to indict the accused & proceed to trial (DOES NOT determine guilt or innocence)
What does the Miranda Rule entail?
Accused must be read their rights before being detained/interrogated by police
What is the definition of "discrimination"?
Unreasonable/unjust criterion of exclusion
Which Amendments are considered to be the Civil Rights Amendments?
13, 14, & 15
What is strict scrutiny? What was is used for in this unit (there was a specific instance & Amendment involved).
A higher level of judicial interpretation; the gov. needs to have a higher burden of proof. It was in relation to the freedom of speech in the 1st Amendment
What does the "full faith & credit clause" guarantee?
States honor each other's public acts & legal decisions (a restraining order in one state would hold up/be valid in another state)
Is direct democracy present in the US? If so, how? How does it relate to the representative democracy aspect?
Yes; direct democracy is sometimes used at the state & local levels. However, the US only utilizes representative democracy at the fed. level
What is representative democracy?
Electing representatives to make decisions & vote on bills on behalf of the citizens/their constituents
What is direct democracy?
Instead of voting for representatives to make decisions on our behalf (like in the US), citizens vote directly on the issues/laws & policies
Why did the Equal Rights Amendment fail to pass?
It was not ratified by the necessary 38 states
Which Amendment specifically mentions due process of law?
5th Amendment
How did the Federalists plan to keep the power of the national gov. limited?
System of checks & balances to ensure that a single branch of gov. didn't become too powerful/overbearing
Which clause of the Constitution has been important in allowing the growth of national/federal power?
Commerce clause (Article I, Section 8)
What are the main differences between the Federalists & the Anti-federalists?
Federalists: strong central gov., concerned about property rights. Anti: strong state gov., concerned about individual liberties/freedoms (Bill of Rights)
What does the 14th Amendment guarantee?
Equal protection of the law
The Constitutional basis for the nationalization of the Bill of Rights (applying it to the states) is set forth in the ____ Amendment.
14th
What was the purpose of the "cake federalism" diagram/analogy? Which two types of federalism were being compared?
Purpose: to distinguish the two types of federalism, dual & cooperative. Dual: layer cake; federal is separate from state. Cooperative: marble; mixed
What are some of the freedoms listed in the 1st Amendment?
Freedom of the press, assembly, petition, religion, speech
Which Amendment refers to the right to bear arms?
2nd Amendment
Which Amendment relates to Miranda rights/the Miranda rule?
5th Amendment
What did the 10th Amendment do?
Gave all powers that were not detailed in the Constitution to the states/the people (reserved powers)
What did the 15th Amendment do?
Gave voting rights to African American men
Which amendments from the Bill of Rights are the "due process" amendments?
4th, 5th, & 6th
What resulted from the ruling in "Plessy v. Ferguson"?
Established the "separate but equal doctrine" & promoted/validated the practice of segregation
The rights of disabled individuals to access public businesses is guaranteed by which act?
The Americans With Disabilities Act of 1990
The power of the president to veto a bill is an example of _____
Checks & balances
The phrase "one person, one vote" refers to the concept of:
Political equality
What is the exclusionary rule?
Illegally obtained evidence can not be used in court/legal proceedings
What did the case of "Mapp v. Ohio" result in?
The exclusionary rule being applied to the state
Which clause of the Constitution contains the source of the implied powers of the federal gov.?
Necessary & proper clause, also called the elastic clause (Article I, Section 8)
T/F: In comparison to the Articles of Confederation, federalism under the Constitution has led to a greater centralization of power.
True
Which part (Article/Section) lists the expressed powers of the US federal gov.?
Article I, Section 8
What is the main benefit of a constitutional government?
Gov. is limited by the rule of law


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