AP Review Constitutional Underpinnings & Civil Liberties/Civil Rights

AP ReviewAP Review

Constitutional UnderpinningsConstitutional Underpinnings&&

Civil Liberties/Civil RightsCivil Liberties/Civil Rights

Name the clause that gives Congress Name the clause that gives Congress powers not specified in Constitution, powers not specified in Constitution, but are “necessary and proper” for but are “necessary and proper” for carrying out enumerated powerscarrying out enumerated powers

Elastic clauseElastic clause

Constitutional sharing of power Constitutional sharing of power between the central government and between the central government and state governments state governments

FederalismFederalism

What type of federal power is What type of federal power is assumed to be an appropriate power assumed to be an appropriate power even if not specified constitutionally even if not specified constitutionally by virtue of being a national govt.?by virtue of being a national govt.?

Inherent powerInherent power

System in which each branch of System in which each branch of government can limit the other two, government can limit the other two, such as a veto limiting congressional such as a veto limiting congressional law-making authoritylaw-making authority

Checks and balancesChecks and balances

Federally granted money to states Federally granted money to states for broad purposes (education) for broad purposes (education) rather than narrow (school lunch rather than narrow (school lunch program)program)

Block grantBlock grant

Grants of power to Congress in Grants of power to Congress in Article I, section 8 of the Article I, section 8 of the Constitution, including the power to Constitution, including the power to taxtax

Enumerated powersEnumerated powersExpressed powersExpressed powers

Type of federalism in which national Type of federalism in which national and state governments are coequal, and state governments are coequal, each dominant within its respective each dominant within its respective spheresphere

Dual federalismDual federalism

Federal supply of money to states Federal supply of money to states with more government strings and with more government strings and controls attachedcontrols attached

Categorical grantCategorical grant

Federal grants-in-aid preferred by Federal grants-in-aid preferred by RepublicansRepublicans

Block GrantsBlock Grants

In what level of government do In what level of government do Decentralists favor the concentration Decentralists favor the concentration of power?of power?

StatesStates

Collection of 85 essays written by Collection of 85 essays written by Hamilton, Madison, and Jay to Hamilton, Madison, and Jay to persuade New York to adopt the persuade New York to adopt the ConstitutionConstitution

Federalist PapersFederalist Papers

Federal requirements imposed on Federal requirements imposed on states. Some are unfunded, placing states. Some are unfunded, placing compliance burdens on state budgetscompliance burdens on state budgets

MandatesMandates

Form of federalism in which state Form of federalism in which state governments work with the federal governments work with the federal government to implement and/or government to implement and/or fund federal programsfund federal programs

Cooperative federalismCooperative federalismMarble cake federalismMarble cake federalism

The clause that gives the federal The clause that gives the federal government expansive powers to government expansive powers to help carry out its enumerated help carry out its enumerated powers, such as establishing the first powers, such as establishing the first Bank of the United StatesBank of the United States

Elastic ClauseElastic ClauseNecessary and Proper ClauseNecessary and Proper Clause

The 1786 Massachusetts farmers The 1786 Massachusetts farmers revolt seeking to end farm revolt seeking to end farm foreclosures and led to the call for a foreclosures and led to the call for a Constitutional ConventionConstitutional Convention

Shays’ RebellionShays’ Rebellion

1010thth Amendment clause that states Amendment clause that states power not granted the federal power not granted the federal government nor denied the states government nor denied the states will be retained by the stateswill be retained by the states

Reserved powersReserved powers

Supreme Court case that established Supreme Court case that established the Court’s power to declare law and the Court’s power to declare law and presidential acts unconstitutionalpresidential acts unconstitutional

Marbury v MadisonMarbury v Madison

Which is NOT associated with the Which is NOT associated with the Republican Revolution?Republican Revolution?

1.1. Newt GingrichNewt Gingrich2.2. Contract with AmericaContract with America3.3. DecentralismDecentralism4.4. 104, 105104, 105thth Congress Congress5.5. Loose construction on the ConstitutionLoose construction on the Constitution

#5#5

Constitutional clause that requires Constitutional clause that requires one state to accept the legally one state to accept the legally binding contracts entered into within binding contracts entered into within another state another state – reason for concern – reason for concern among other states when Massachusetts among other states when Massachusetts legalized gay marriage legalized gay marriage

Full faith and credit clauseFull faith and credit clause

A type of majority vote requiring A type of majority vote requiring more than a simple majority of one more than a simple majority of one more than half, such as 3/5 to end a more than half, such as 3/5 to end a filibuster (cloture) or 2/3 to override filibuster (cloture) or 2/3 to override a veto or ¾ to ratify a Constitutional a veto or ¾ to ratify a Constitutional amendment:amendment:

SupermajoritySupermajority

An 1818 Supreme Court case that An 1818 Supreme Court case that established national supremacy and established national supremacy and validated implied powers (when a validated implied powers (when a state challenged the national bank)state challenged the national bank)

McCulloch v MarylandMcCulloch v Maryland

Representative (or indirect) Representative (or indirect) democracydemocracy

RepublicRepublicRepublicanRepublicanRepublicanismRepublicanism

America’s first constitutionAmerica’s first constitution

Articles of ConfederationArticles of Confederation

Belief that a minority of economically Belief that a minority of economically or politically well-connected people or politically well-connected people or groups dominate the political or groups dominate the political processprocess

Elite theoryElite theoryElitismElitism

Theory that political power is Theory that political power is exercised by many small interest exercised by many small interest groups battling for influence, none of groups battling for influence, none of which could possibly control the restwhich could possibly control the rest

PluralismPluralism

Which of the following is NOT an Which of the following is NOT an expressed federal power?expressed federal power?

1.1. Coin moneyCoin money2.2. Negotiate treatiesNegotiate treaties3.3. Punish counterfeitersPunish counterfeiters4.4. Establish citiesEstablish cities5.5. Establish courtsEstablish courts

#4#4

What supermajority is needed for What supermajority is needed for Congress to propose an amendment?Congress to propose an amendment?

2/32/3

Theory that political leaders are most Theory that political leaders are most influenced by the will of the peopleinfluenced by the will of the people

MajoritarianismMajoritarianism

Party that took control of Congress in Party that took control of Congress in 19941994

RepublicanRepublican

Form of federalism marked by the Form of federalism marked by the Great DepressionGreat Depression

Cooperative federalismCooperative federalism

Type of federalism wherein Type of federalism wherein devolution of power to the states was devolution of power to the states was emphasizedemphasized

New federalismNew federalism

What are the TWO constitutional What are the TWO constitutional justifications for dual federalismjustifications for dual federalism

1010thth Amendment Amendment Enumerated powers (granted, Enumerated powers (granted,

delegated, expressed)delegated, expressed)

What constitutional clause has been What constitutional clause has been used most my Congress to increase used most my Congress to increase influence over states (ex: influence over states (ex: US v LopezUS v Lopez struck down it’s overuse in Gun Free struck down it’s overuse in Gun Free School Zones Act)School Zones Act)

Commerce ClauseCommerce Clause

This required the CBO to analyze This required the CBO to analyze impact of unfunded mandates on impact of unfunded mandates on states and a separate Congressional states and a separate Congressional vote on bills that impose themvote on bills that impose them

Unfunded Mandates Reform ActUnfunded Mandates Reform Act

What do the following apply to?What do the following apply to?1.1. No power to taxNo power to tax2.2. No Chief executiveNo Chief executive3.3. No federal courtsNo federal courts4.4. Couldn’t regulate interstate commerceCouldn’t regulate interstate commerce5.5. No national currencyNo national currency

Weaknesses of the Articles of Weaknesses of the Articles of ConfederationConfederation

Would a centralist or decentralist Would a centralist or decentralist agree with the following statement?agree with the following statement?

The Constitution was created by the The Constitution was created by the people, not the states!people, not the states!

CentralistsCentralists

Would a centralist or decentralist Would a centralist or decentralist approach be more in line with a loose approach be more in line with a loose constructionist perspective?constructionist perspective?

CentralistCentralist

A ¾ supermajority is needed to ratify A ¾ supermajority is needed to ratify an amendment by what two an amendment by what two methods?methods?

State ratifying conventionsState ratifying conventionsState legislaturesState legislatures

Who would agree that the 10Who would agree that the 10thth Amendment leaves states broad Amendment leaves states broad powers?powers?

DecentralistsDecentralists

What constitutional principle is What constitutional principle is reflected in the following?reflected in the following?

1.1. Allows national unityAllows national unity2.2. Allows state differencesAllows state differences3.3. Best for a geographically large nationBest for a geographically large nation4.4. Frees national govt. to focus on truly national issuesFrees national govt. to focus on truly national issues5.5. Encourages legislative experimentation (Texas’ Encourages legislative experimentation (Texas’

capital punishment and Nevada’s legalization of capital punishment and Nevada’s legalization of gambling)gambling)

6.6. Keeps the government closer to the peopleKeeps the government closer to the people


Who opposed ratification of the Who opposed ratification of the Constitution due to fear of a strong Constitution due to fear of a strong national govt. and the concentration national govt. and the concentration of power in few hands?of power in few hands?

Anti-federalistsAnti-federalists

What was the Antifederalist’s What was the Antifederalist’s greatest problem with the greatest problem with the Constitution as it was debated during Constitution as it was debated during the ratification phase?the ratification phase?

No Bill of RightsNo Bill of Rights

Name the constitutional Name the constitutional principle:principle:

The House passes a bill with a 67% The House passes a bill with a 67% vote, but the bill dies when the vote, but the bill dies when the Senate Republicans filibuster the billSenate Republicans filibuster the bill

BicameralismBicameralism


The Senate holds confirmation The Senate holds confirmation hearings on John Roberts when hearings on John Roberts when President Bush appoints him as Chief President Bush appoints him as Chief Justice of the Supreme CourtJustice of the Supreme Court

Checks and balancesChecks and balances


The executive branch enforces laws The executive branch enforces laws the legislature makesthe legislature makes

Separation of powersSeparation of powers


The House impeaches and the The House impeaches and the Senate votes to convict and remove Senate votes to convict and remove a president from officea president from office

BicameralismBicameralism


Article I; section 10 says that states Article I; section 10 says that states shall not have the power to enter shall not have the power to enter into treaties with foreign nationsinto treaties with foreign nations


What type of federalism is What type of federalism is characterized by devolution?characterized by devolution?

New federalismNew federalism

What type of grants to the states What type of grants to the states would be favored by decentralists?would be favored by decentralists?

Block grantsBlock grants

What kind of constitutional What kind of constitutional interpretation would allow a broad, interpretation would allow a broad, expansive view of the commerce expansive view of the commerce clause?clause?

Loose constructionistLoose constructionist

From where are Congress’ implied From where are Congress’ implied powers derived?powers derived?

Elastic clauseElastic clauseNecessary and proper clauseNecessary and proper clause

Which of the following is an Which of the following is an argument made by decentralists?argument made by decentralists?

1.1. The Constitution begins with “We the The Constitution begins with “We the people”people”

2.2. States have been the most egregious States have been the most egregious violators of the people’s civil rightsviolators of the people’s civil rights

3.3. States are closer to the peopleStates are closer to the people

#3#3

What principle of federalism does What principle of federalism does US US v Lopezv Lopez and and US v MorrisonUS v Morrison reflect? reflect?

DevolutionDevolution

Which is an example of a federally Which is an example of a federally unfunded mandate?unfunded mandate?

1.1. Americans with Disabilities ActAmericans with Disabilities Act2.2. Welfare reform ActWelfare reform Act3.3. Unfunded Mandates Reform ActUnfunded Mandates Reform Act

• #1#1

Which is NOT true of the Welfare Which is NOT true of the Welfare reform Act of 1996?reform Act of 1996?

1.1. Limited welfare recipiency to total of 5 Limited welfare recipiency to total of 5 yearsyears

2.2. Required a 25% reduction in total number Required a 25% reduction in total number receiving welfarereceiving welfare

3.3. Ended welfare as an entitlement programEnded welfare as an entitlement program4.4. Required welfare recipients to get work Required welfare recipients to get work

within two yearswithin two years

#2#2

What is the compromise between What is the compromise between Congressional election of the Congressional election of the president and a popular election?president and a popular election?

Electoral CollegeElectoral College

What settled the debate about What settled the debate about representation between large and representation between large and small states?small states?

Connecticut (Great) CompromiseConnecticut (Great) Compromise

What type of federalism began in the What type of federalism began in the 1930s?1930s?

Cooperative federalismCooperative federalismMarble cake federalismMarble cake federalism

During the era of New Federalism, During the era of New Federalism, what promised to:what promised to:

1.1. Clean up corruption in WashingtonClean up corruption in Washington2.2. Devolve power back to the statesDevolve power back to the states3.3. Return a sense of responsibility Return a sense of responsibility

back to the federal govt.back to the federal govt.

Contract with AmericaContract with America

How does fiscal federalism manifest How does fiscal federalism manifest itself as exercised by Democrats?itself as exercised by Democrats?

In the use of categorical grantsIn the use of categorical grants

Supreme Court Justice, Louis Brandeis Supreme Court Justice, Louis Brandeis once said the Constitution was not once said the Constitution was not meant to create efficiency, but friction. meant to create efficiency, but friction.

To what was he referring?To what was he referring?

Limited governmentLimited governmentChecks and balancesChecks and balances Intended difficulty making lawsIntended difficulty making laws

Which is NOT a shared power?Which is NOT a shared power?

1.1. Creating courtsCreating courts2.2. Establishing voting requirementsEstablishing voting requirements3.3. Borrowing moneyBorrowing money4.4. TaxingTaxing5.5. Providing for the general welfareProviding for the general welfare

#2#2

Which is NOT a denial of power to Which is NOT a denial of power to both federal and state governments?both federal and state governments?

1.1. Passing bills of attainderPassing bills of attainder2.2. Passing ex post facto lawsPassing ex post facto laws3.3. Regulating commerce Regulating commerce withinwithin the state the state4.4. Placing duties (taxes) on exportsPlacing duties (taxes) on exports5.5. Restrict political speech during warRestrict political speech during war

#3#3

During the Philadelphia Convention, During the Philadelphia Convention, the delegates from the more the delegates from the more populated states favored a plan populated states favored a plan created by James Madison, called created by James Madison, called the:the:

Virginia PlanVirginia Plan

wiueiqwddwiueiqwddDdwe56480987654321,c kZ Ddwe56480987654321,c kZ

fklwnarjciemnwrcfn3efy48rb34uynrf4nfklwnarjciemnwrcfn3efy48rb34uynrf4n3du3du

N34udrneycrgefcuedN34udrneycrgefcuedCsbCsb JedcsJedcsBdshxsnxjsnxBdshxsnxjsnxAbcdefghijklmnopqrstuvwxyzAbcdefghijklmnopqrstuvwxyz jdmiecfuerjmcfmejcfmeuiceiuiuiuijdmiecfuerjmcfmejcfmeuiceiuiuiui

uiuiuimcuiuiuimc jhgfdsagjvrtmjmcucucurmrmrmrmrmrmjhgfdsagjvrtmjmcucucurmrmrmrmrmrm

rmrmrmrmrmrmrmrmrmrmrmrmrmccccrmrmrmrmrmrmrmrmrmrmrmrmrmccccccccccccccccccccccethrmrmrmrmrmrmrccccccccccccccccccethrmrmrmrmrmrmrmrmrmrmrmrmrmrmrmrmrmrmrmrmrmmrmrmrmrmrmrmrmrmrmrmrmrmrmrmrmrmrmrmrmrmrmrmrmrmrmhhhhhhhhrmrmrmrmrmrmrmrmrmrmrmhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Civil Rights and LibertiesCivil Rights and Liberties

Applying provisions of the Bill of Applying provisions of the Bill of Rights to the states on a case by Rights to the states on a case by case basis by referencing the 14case basis by referencing the 14thth Amendment’s due process clauseAmendment’s due process clause

Selective IncorporationSelective Incorporation

SpokenSpoken untruths that damage a untruths that damage a reputationreputation

Slander (not libel!)Slander (not libel!)

When a court prevents expression When a court prevents expression before it is expressed before it is expressed (ex: prohibiting a (ex: prohibiting a protest or demonstration because it might protest or demonstration because it might become violent or preventing a Newspaper from become violent or preventing a Newspaper from publishing a story that harms the government)publishing a story that harms the government)

Prior restraintPrior restraint

11stst Amendment clause that prevents Amendment clause that prevents the federal govt. from establishing a the federal govt. from establishing a national church – the basis for the national church – the basis for the separation of church and stateseparation of church and state

Establishment clauseEstablishment clause

Court guidelines for determining if Court guidelines for determining if govt. can make racial distinctions – govt. can make racial distinctions – allowed only if narrowly tailored and allowed only if narrowly tailored and serves compelling govt. interestserves compelling govt. interest

Strict scrutinyStrict scrutiny

Court test to determine the Court test to determine the constitutionality of laws that infringe constitutionality of laws that infringe on religion. Law must be secular in on religion. Law must be secular in purpose, can’t promote one religion purpose, can’t promote one religion over another and can’t excessively over another and can’t excessively entangle the govt.entangle the govt.

Lemon TestLemon Test

Supreme Court CasesSupreme Court Cases

What did Abbington v Schemp end in What did Abbington v Schemp end in public schools?public schools?

Bible reading Bible reading

Banned public school-sponsored Banned public school-sponsored prayerprayer

Engle v VitaleEngle v Vitale

Banned Polygamy despite Free Banned Polygamy despite Free Exercise clause of the 1Exercise clause of the 1stst Amendment by claiming a non-Amendment by claiming a non-religious interest in the banreligious interest in the ban

Reynolds v USReynolds v US

Established if clear and present Established if clear and present danger exists, speech can be banneddanger exists, speech can be banned

Schenk v USSchenk v US

Established exclusionary ruleEstablished exclusionary rule

Mapp v OhioMapp v Ohio

Ordered state courts to provide Ordered state courts to provide lawyers for those unable to afford lawyers for those unable to afford oneone

Gideon v WainrightGideon v Wainright

Privacy rights established Privacy rights established (contraception), set precedent for (contraception), set precedent for Roe laterRoe later

Griswald v ConnecticutGriswald v Connecticut

Established abortion rights with state Established abortion rights with state guidelines about trimestersguidelines about trimesters

Roe v WadeRoe v Wade

Struck down state law banning flag Struck down state law banning flag burning, stating such was a burning, stating such was a protected expression of symbolic protected expression of symbolic speechspeech

Texas v JohnsonTexas v Johnson

Racial quotas in college admissions Racial quotas in college admissions banned, but kept race as one of banned, but kept race as one of many factors to be consideredmany factors to be considered

UC Regents v BakkeUC Regents v Bakke

What type of speech is most What type of speech is most protected?protected?

PoliticalPolitical

Obscenity is not protected speech. The Obscenity is not protected speech. The case/test that established a set of rules for case/test that established a set of rules for determining what is obscene. Includes determining what is obscene. Includes community standards being violated, community standards being violated, violation of state obscenity laws, and violation of state obscenity laws, and material must lack material must lack SSerious erious LLiterary, iterary, AArtistic, rtistic, PPolitical value (so-called SLAPs Test)olitical value (so-called SLAPs Test)

Miller v CaliforniaMiller v California Miller testMiller test

Which case overturned Plessy’s Which case overturned Plessy’s separate but equal doctrineseparate but equal doctrine

Brown v Board of EducationBrown v Board of Education

What type of discrimination did the What type of discrimination did the Brown decision end?Brown decision end?

De jureDe jure

What type of discrimination do What type of discrimination do separate Black college dorms or separate Black college dorms or racially categorized groups on high racially categorized groups on high school campuses exemplify?school campuses exemplify?

De facto discriminationDe facto discrimination

To what test does the Court apply To what test does the Court apply gender classifications?gender classifications?

Intermediate scrutinyIntermediate scrutiny

NAACP tactics was to avoid NAACP tactics was to avoid majoritarian politics and instead, use majoritarian politics and instead, use what?what?

The courtsThe courts

What amendment might the death What amendment might the death penalty potentially violate?penalty potentially violate?

88thth Amendment Amendment

Which Amendment prohibits the Which Amendment prohibits the government from unreasonable government from unreasonable searches and seizures?searches and seizures?


After arrest, where can an officer can After arrest, where can an officer can search for evidence other than that search for evidence other than that which is in plain view?which is in plain view?

In the immediate control of the In the immediate control of the suspectsuspect

What did the Mapp decision do that What did the Mapp decision do that acts to discourage police acts to discourage police misconduct?misconduct?

Exclusionary ruleExclusionary rule

What is the effect of the “good faith” What is the effect of the “good faith” exception?exception?

Evidence can be used in courtEvidence can be used in court

What gave the fed. govt. more power What gave the fed. govt. more power to deal with terrorism (includes to deal with terrorism (includes making it easier to wiretap and making it easier to wiretap and monitor emails), but weakened 4monitor emails), but weakened 4thth Amendment protections?Amendment protections?

Patriot ActPatriot Act

What was the case that reinforced the What was the case that reinforced the idea that a suspect does not have to idea that a suspect does not have to incriminate himself (and shifted incriminate himself (and shifted responsibility from the accused to responsibility from the accused to know their rights to the state to know their rights to the state to inform the accused of their rights)?inform the accused of their rights)?

Miranda v ArizonaMiranda v Arizona

What Supreme Court case What Supreme Court case established the SLAPS test?established the SLAPS test?

Miller v CaliforniaMiller v California

For what kind of cases is the For what kind of cases is the Miller/SLAPS test used?Miller/SLAPS test used?

ObscenityObscenity

The “separate but equal” doctrine The “separate but equal” doctrine was established by:was established by:

Plessy v FergusonPlessy v Ferguson

Nationalizing provisions of the Bill of Nationalizing provisions of the Bill of Rights is the result of:Rights is the result of:

Selective incorporationSelective incorporation

Where in the Constitution are civil Where in the Constitution are civil rights are protected?rights are protected?

1414thth Amendment’s equal protection Amendment’s equal protection clauseclause

What Court case established the rule What Court case established the rule the Court uses to determine which the Court uses to determine which provisions of the Bill of Rights will be provisions of the Bill of Rights will be nationalized?nationalized?

Palko v ConnecticutPalko v Connecticut

What free speech and press case is What free speech and press case is important as the 1important as the 1stst case to begin the case to begin the process of selective incorporation?process of selective incorporation?

Gitlow v New YorkGitlow v New York

Which (write the # only) of the following Which (write the # only) of the following civil liberties has NOT been selectively civil liberties has NOT been selectively incorporated into the due process clause?incorporated into the due process clause?

1.1. SpeechSpeech2.2. AssemblyAssembly3.3. Trial by juryTrial by jury4.4. Double jeopardyDouble jeopardy5.5. Right to bear armsRight to bear arms6.6. Right to counselRight to counsel

#5 (right to bear arms)#5 (right to bear arms)

From what amendment has the Court From what amendment has the Court largely derived the concept of largely derived the concept of privacy rights?privacy rights?


What case established privacy rights What case established privacy rights (later used in Roe)?(later used in Roe)?

Griswald v ConnecticutGriswald v Connecticut

What case ended quotas in college What case ended quotas in college admissions policy but allowed race admissions policy but allowed race as one of many factors?as one of many factors?

UC Board of Regents v BakkeUC Board of Regents v Bakke

But case reaffirmed busing as a But case reaffirmed busing as a means of integration so long as a means of integration so long as a history of discrimination can be history of discrimination can be demonstrated?demonstrated?

Swann v Charlotte Board of EdSwann v Charlotte Board of Ed

What test is race subjected to?What test is race subjected to?

Strict scrutinyStrict scrutiny

What civil rights legislation required What civil rights legislation required Southern states to get federal Southern states to get federal approval through the Justice Dept. approval through the Justice Dept. before altering voting practices (such before altering voting practices (such as filing deadlines)?as filing deadlines)?

Voting Rights Act of 1965Voting Rights Act of 1965

What legislation resulted in huge What legislation resulted in huge increases in Black politicians and the increases in Black politicians and the need of white officials to take into need of white officials to take into account the concerns of blacks account the concerns of blacks generally?generally?

Voting Rights Act of 1965Voting Rights Act of 1965

What clause would be violated if What clause would be violated if Congress passed a law requiring a Congress passed a law requiring a special religion tax?special religion tax?

Establishment clauseEstablishment clause

Who would favor an interpretation of Who would favor an interpretation of the establishment clause that the establishment clause that included ending tax benefits for included ending tax benefits for religious sects and removing “under religious sects and removing “under God” from our Pledge of Allegiance?God” from our Pledge of Allegiance?

SeparationistSeparationist

Who would allow some blending Who would allow some blending between church and state, allowing between church and state, allowing nativity scenes and plaques of the nativity scenes and plaques of the Ten Commandments on public Ten Commandments on public property, such as court houses?property, such as court houses?

AccommodationistsAccommodationists

What clause did the Court believe What clause did the Court believe was violated when it struck down a was violated when it struck down a city ordinance banning animal city ordinance banning animal sacrifice in sacrifice in Church of Lukumi Babalu Church of Lukumi Babalu v Hialeahv Hialeah??

Free exercise clauseFree exercise clause

What (number) did NOT restrict What (number) did NOT restrict black suffrage?black suffrage?

1.1. White primariesWhite primaries2.2. Poll taxesPoll taxes3.3. Grandfather clauseGrandfather clause4.4. Literacy testsLiteracy tests

#3#3

Requires a secular purpose to a law Requires a secular purpose to a law and prevents both the excessive and prevents both the excessive entanglement of church and state entanglement of church and state and the promotion or restriction of and the promotion or restriction of one religion over another:one religion over another:

Lemon TestLemon TestLemon v KurtzmanLemon v Kurtzman

In terms of constitutional protection, In terms of constitutional protection, what form of expression falls what form of expression falls somewhere between speech and somewhere between speech and action?action?

Symbolic speechSymbolic speech

What was the reaction to the ruling What was the reaction to the ruling in in Oregon v SmithOregon v Smith??

Passage of the Religious Freedom Passage of the Religious Freedom Restoration Act, 1993Restoration Act, 1993

Students cannot be compelled to Students cannot be compelled to recite the pledge for religious recite the pledge for religious reasons due to:reasons due to:

West Virginia v BarnetteWest Virginia v Barnette

Documents

AP Review Constitutional Underpinnings & Civil Liberties/Civil Rights