Study Guide Exam 2 American Government (Chapters 59)
1) Civil liberties—definition and distinction from civil rights
∙ Civil liberties are defined as freedom from the government
∙ They put limits on what gov. can do but they are not absolute rights. 2) Incorporation—why bill of rights applies to states?
∙ Bill of rights only applied to the federal government before civil war, states could do things that violated the first amendment.
∙ Now via due process clause of 14th amendment, the bill of rights applies to states. 3) Free speech limitations and protections—what are they?
∙ Only government has constitutional obligation to not interfere w/ freedom of speech ∙ Only protected under that certain branch
∙ Ex: If the owner of a restaurant comes over and ask you to lower your voice, you can’t say he or she is taking away your right to freedom of speech because the government is not inferring with your freedom of speech.
4) 2nd amendment: What does the Supreme Court say about guns?
∙ “as wellregulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” If you want to learn more check out What is s.w.o.t. analysis?
∙ U.S. Supreme Court declared in 2008 that the second amendment protects a person’s rights to own firearm for selfdefense within homes.
5) Exclusionary Rule—what is it, what’s the controversy surrounding its application? ∙ Not constitutional if protections aren’t applied protects against probable cause, unreasonable government searches.
o Lawful arrest
o Exigent circumstances
o Plain view
o Automobile exception
∙ Controversial because intention of officer and seriousness of crime must be known, and police still illegally search people although rule is in place
6) 5th Amendment rights Miranda v Arizona and Baron v Baltimore
∙ Criminal justice amendment
∙ Have to be aware of your rights
∙ Police must respect the rights of suspect to remain silent
∙ Miranda v Arizona
o Written confession of rape and kidnapping but wasn’t notified of his rights first ∙ Baron v Baltimore We also discuss several other topics like Fetal brain activity can be measured using what?
o Bill of rights only apply to federal government
7) 6th amendment—Gideon v Wainwright
∙ Provides six different rights pertaining to criminal trials
o Speedy trial
o Impartial jury
o Be informed of the nature and cause of accusation
o Confronted with witnesses against him
o Able to obtain witnesses in his favor
o To have assistance of counsel for his defense
∙ Gideon v Wainwright
o Convicted of stealing from a pool hall asked to be provided with a lawyer because he couldn’t afford one, judge rejected this, wrote to appeal during his sentence and the supreme court overturned his conviction, because everyone should be provided with an attorney if cannot afford one.
8) Samesex marriage, abortion—where do these rights come from?
∙ Can only be banned if sufficient justification to do so, there isn’t. (scotus) ∙ 14th amendment protects marriage rights
∙ Abortion rights came from roe v wade If you want to learn more check out Who is elizabeth cady stanton?
9) How is private discrimination ended? Differences between private and public discrimination?
∙ •Civil Rights Act of 1875
o SCOTUS unconstitutional
o cannot regulate private discrimination in places of public accommodation o no access to mainstream society—jobs, consumer goods, travel, leisure ∙ •Jim Crow Laws
o you have equal protection (14th amendment)
o but separate status as citizens—everything separates in public/govt. sphere.
10) Separate but equal—what is this, how was it ended?
∙ Jim Crow laws stated that you have equal protection but separate status as citizens, everything separate in public
∙ Plessy v Ferguson upheld separate but equal
∙ Brown v BOE separate is inherently unequal
∙ NAACP went after graduate schools to begin defeating separate but equal 11) Affirmative action—book definition
∙ The policies by which government agencies move to remedy past discrimination by assuring inclusion of underrepresented groups (especially women and racial minorities) through the use of goals, quotas, and timetables. We also discuss several other topics like How porous are membranes?
12) Voting Rights Act of 1965
∙ Voting Rights Act of 1965—stops cracking and packing; and allows for nonEnglish ballots 13) Equal Rights Amendment
14) Legal definition of sexual harassment from Supreme Court of United States ∙ Reasonable person would find hostile or abusive no heed to prove serious psychological damage
∙ Teresa Harris Case
15) What is needed for a survey to be considered accurate? —Things to consider…? ∙ Consider bias Don't forget about the age old question of According to the yerkes-dodson law, arousal and performance are?
If you want to learn more check out Approximately earth-sized and contain how many granules?
∙ Consider which survey would be best for situation
16) Who votes the most and least? By income, education, race, etcetera… ∙ Elite?
∙ Basic sets of feelings about what ought to be and how people ought to behave
∙ Propositions about what is true or false.
∙ A property of a good measurement in which the indicator is measuring what it should be measuring
∙ An indicator that returns the same response if it were conducted again
∙ A potential problem in surveys in which a previous question can influence the response to a future question
22) Social Desirability Bias?
∙ A bias that occurs when a question is framed or phrased so that it seems to imply that a particular answer is preferred
23) Systematic vs Random sampling
∙ A sampling plan in which every third, fourth, fifth, or whatever member of the sampling frame is selected
∙ Random sampling sample in which each person within the sampling frame has an equal chance pf being selected
24) Block versus Categorical grants?
∙ Block grants give states or local government more freedom in deciding how to spend the money whereas categorical grants have strict guidelines on how to spend the money 25) Hobby Lobby case from book
∙ Hobby Lobby—contraceptives not covered as Hobby Lobby employee, very controversial as well—business owner’s religious beliefs win the day
26) Supremacy Clause
∙ A provision in the U.S. Constitution that declares the U.S, Constitution to be the supreme law of the land
27) Reconstruction amendments
∙ 13th – ended slavery
∙ 14 Naturalization
∙ 15th voting rights
28) Searches by police—know your rights—consult book.
∙ Must have probable cause
29) 14th amendment—due process versus equal protection
∙ Dred Scott case, you are born here then you are a citizen
∙ equal protection under law
∙ due process for states to comply
30) Why are people apathetic about participating in politics? Is this good or bad? WHAT TO NOT WORRY ABOUT:
1) Nothing specific about any court case will be asked. For example, you do not need to know the name of the pool hall that Gideon was accused of breaking into or any other different tidbits of information that are not directly relevant to American government
2) Nothing specific about any social movement from the book will be asked on the exam either —CHAPTER 8 Section 5
3) Nothing specific about any era in American federalism—just know what federalism is and how it works in American government