Law School Admission Test /Federalism and the Balance of Power Part 3
Federalism and the Balance of Power Part 3
This deck covers key Supreme Court cases and constitutional principles related to federalism and the balance of power in the United States.
The Eighth Amendment's protection from cruel and unusual punishment was incorporated as a result of - the ratification of the Twenty-Seventh Amendment. - a 1964 Supreme Court decision about Illinois police officers' denial of a suspect's request to see his lawyer during interrogation. - a 1962 Supreme Court decision about California's 90-day sentence for people found guilty of 'addiction to the use of narcotics.' - a 1969 Supreme Court decision about an individual tried twice in the state of Maryland for the same crime of larceny.
a 1962 Supreme Court decision about California's 90-day sentence for people found guilty of 'addiction to the use of narcotics.'
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Key Terms
Term
Definition
The Eighth Amendment's protection from cruel and unusual punishment was incorporated as a result of
- the ratification of the Twenty-Seventh Amendment.
- a 1964 Supreme Court decision about Illinois police officers' denial of a suspect's request to see his lawyer during interrogation.
- a 1962 Supreme Court decision about California's 90-day sentence for people found guilty of 'addiction to the use of narcotics.'
- a 1969 Supreme Court decision about an individual tried twice in the state of Maryland for the same crime of larceny.
a 1962 Supreme Court decision about California's 90-day sentence for people found guilty of 'addiction to the use of narcotics.'
The Lemon test involves what part of the Constitution?
- free speech
- the establishment clause
- due process
- the free exercise clause
the establishment clause
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In E.E.O.C. v. Abercrombie & Fitch Stores (2015), the Supreme Court ruled that
- the Ten Commandments cannot be displayed at a privately owned retail store.
- Title VII of the U.S. Code prevents retail stores from refusing to hire Muslim women who wear head scarves in violation of company dress policies.
- Title VII of the U.S. Code allows retail stores to refuse hiring Muslim women who wear head scarves in violation of company dress policies.
- Native Americans cannot be fired from their jobs at privately owned companies for smoking peyote during religious ceremonies.
Title VII of the U.S. Code prevents retail stores from refusing to hire Muslim women who wear head scarves in violation of company dress policies.
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The Supreme Court case Burwell v. Hobby Lobby Stores addressed the
- Affordable Care Act's requirement that employers provide their female employees with free contraceptive coverage, stating it violated their religious expression as protected by the Religious Freedom Restoration Act.
- Affordable Care Act's requirement that individuals show proof of health insurance coverage or face a tax penalty from the federal government.
- issue of whether a religious group at the University of Virginia could be denied student activities funds merely because it espouses a particular viewpoint about a deity.
- question of whether a company can refuse to hire a Muslim woman who might wear a head scarf in violation of the company's dress code.
Affordable Care Act's requirement that employers provide their female employees with free contraceptive coverage, stating it violated their religious ...
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Van Orden v. Perry (2005) and McCreary v. ACLU (2005) show that
- the issue of government-sponsored religion has not yet been definitively settled.
- there are different opinions about the establishment clause and whether it should apply to states as well as the federal government.
- the free exercise clause has still not been incorporated through the Fourteenth Amendment.
- the Lemon test does not apply to cases involving school prayer.
the issue of government-sponsored religion has not yet been definitively settled.
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Freedom of speech and of the press have a special place in the American system because
- free and open debate is an essential mechanism for determining the quality and validity of competing ideas.
- they were the last provisions in the Bill of Rights to be incorporated through the due process clause of the Fourteenth Amendment.
- they have never been restricted in the history of the United States.
- they were the only liberties explicitly mentioned in Article I of the Constitution.
free and open debate is an essential mechanism for determining the quality and validity of competing ideas.
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| Term | Definition |
|---|---|
The Eighth Amendment's protection from cruel and unusual punishment was incorporated as a result of
- the ratification of the Twenty-Seventh Amendment.
- a 1964 Supreme Court decision about Illinois police officers' denial of a suspect's request to see his lawyer during interrogation.
- a 1962 Supreme Court decision about California's 90-day sentence for people found guilty of 'addiction to the use of narcotics.'
- a 1969 Supreme Court decision about an individual tried twice in the state of Maryland for the same crime of larceny. | a 1962 Supreme Court decision about California's 90-day sentence for people found guilty of 'addiction to the use of narcotics.' |
The Lemon test involves what part of the Constitution?
- free speech
- the establishment clause
- due process
- the free exercise clause | the establishment clause |
In E.E.O.C. v. Abercrombie & Fitch Stores (2015), the Supreme Court ruled that
- the Ten Commandments cannot be displayed at a privately owned retail store.
- Title VII of the U.S. Code prevents retail stores from refusing to hire Muslim women who wear head scarves in violation of company dress policies.
- Title VII of the U.S. Code allows retail stores to refuse hiring Muslim women who wear head scarves in violation of company dress policies.
- Native Americans cannot be fired from their jobs at privately owned companies for smoking peyote during religious ceremonies. | Title VII of the U.S. Code prevents retail stores from refusing to hire Muslim women who wear head scarves in violation of company dress policies. |
The Supreme Court case Burwell v. Hobby Lobby Stores addressed the
- Affordable Care Act's requirement that employers provide their female employees with free contraceptive coverage, stating it violated their religious expression as protected by the Religious Freedom Restoration Act.
- Affordable Care Act's requirement that individuals show proof of health insurance coverage or face a tax penalty from the federal government.
- issue of whether a religious group at the University of Virginia could be denied student activities funds merely because it espouses a particular viewpoint about a deity.
- question of whether a company can refuse to hire a Muslim woman who might wear a head scarf in violation of the company's dress code. | Affordable Care Act's requirement that employers provide their female employees with free contraceptive coverage, stating it violated their religious expression as protected by the Religious Freedom Restoration Act. |
Van Orden v. Perry (2005) and McCreary v. ACLU (2005) show that
- the issue of government-sponsored religion has not yet been definitively settled.
- there are different opinions about the establishment clause and whether it should apply to states as well as the federal government.
- the free exercise clause has still not been incorporated through the Fourteenth Amendment.
- the Lemon test does not apply to cases involving school prayer. | the issue of government-sponsored religion has not yet been definitively settled. |
Freedom of speech and of the press have a special place in the American system because
- free and open debate is an essential mechanism for determining the quality and validity of competing ideas.
- they were the last provisions in the Bill of Rights to be incorporated through the due process clause of the Fourteenth Amendment.
- they have never been restricted in the history of the United States.
- they were the only liberties explicitly mentioned in Article I of the Constitution. | free and open debate is an essential mechanism for determining the quality and validity of competing ideas. |
In Buckley v. Valeo (1976), the Supreme Court ruled that
- spending by or on behalf of a candidate for office is protected speech.
- libel is protected by the First Amendment, as long as the person libeled is a public figure.
- burning draft cards is a form of protected symbolic speech, but only if it is done in public.
- the Espionage Act of 1917 was unconstitutional. | spending by or on behalf of a candidate for office is protected speech. |
In Snyder v. Phelps (2011), the Supreme Court ruled that
- religious organizations cannot lose their tax-exempt status under federal law simply because they organized a protest event at the funeral service of a soldier.
- religious organizations must lose their tax-exempt status under federal law if they organize protest events at funeral services.
- protests during funeral services for military personnel can be prohibited by state governments even if held in a public place.
- the First Amendment protects free speech in a public place against emotional distress lawsuits. | the First Amendment protects free speech in a public place against emotional distress lawsuits. |
New York Times v. Sullivan (1964) was significant because the justices ruled that
- a newspaper had to print false and malicious material deliberately in order to be guilty of libel.
- newspapers could be guilty of libel if they published any information that was ultimately proven to be inaccurate.
- the government could prevent the publication of newspapers and magazines only under the most extraordinary circumstances.
- 'shield laws' were unconstitutional. | a newspaper had to print false and malicious material deliberately in order to be guilty of libel. |
McDonald v. Chicago (2010) was significant because it
- applied the Second Amendment to state governments.
- rejected the idea that the Second Amendment applies to state governments.
- concluded that the Second Amendment applies only to state governments and not to the federal government.
- upheld the state of Illinois's restrictions on gun ownership by former felons. | applied the Second Amendment to state governments. |
When Richard Nixon employed his 'southern strategy,' he
- used the FBI to help collect secrets and blackmail southern Democratic leaders.
- ignored the southern states in favor of voters in the Midwest and Northeast.
- appealed to disaffected white voters in the South.
- appealed to black southerners who had recently mobilized for civil rights. | appealed to disaffected white voters in the South. |