Ch. 8 Review Qs

PG 252 Qs 1-6 Review Facts & Ideas

1.     Pairs of major parties in American History

a.     Beginning of Country: Federalists, Democratic-Republicans

b.     Before Civil War: Democrats, National Republicans

c.      After Civil War: Democrats, Republicans

2.     Three Types of Third Parties

a.     Ideological – focus on major changes in society

                                               i.     Libertarian Party

1.     Reduction in government for more personal freedom

b.     Splinter

                                               i.     Originally part of one of the big two parties then splits off due to some disagreement

                                              ii.     Progressive/Bull Moose

1.     Theodore Roosevelt wanted to be candidate

c.      Single-Issue

                                               i.     Focus on one major issue

                                              ii.     Liberty Party

1.     Freeing slaves

3.     Two Reasons why people belong to political parties

a.     To become active in the government

b.     To support their ideas and views on issues

4.     Main function of political parties

a.     To recruit candidates for public office

5.     Contrast open and closed primaries

a.     Closed primary

                                               i.     Only party members can vote

b.     Open primary

                                               i.     All voters can participate, no matter affiliation

6.     Trace the changing methods used to select presidential candidates

a.     Before national conventions, presidential candidates were chosen by congressional caucuses

b.     National conventions of party members to decide on a candidate came next

c.      1970s+ called for more involvement of women, minorities ect.

d.     Often the rules change within the conventions

PG 252 1-4 Applying themes

1.     What relationship exists between the methods of representation in democratic nations and their political-party system?

a.     The parties mostly select government officials

b.     The multi-party system can allow for diversity and representation for many different groups of people within a country

2.     How has the presence of minor parties affected American politics?

                                               i.     Sometimes minor parties (especially splinter ones) can draw votes away from one party, but not enough for their own candidates – making the major opposing party win

1.     Ex. Liberals draw votes from Democrats so democrats don’t win but neither do Liberals, Republicans win

                                              ii.     Can cause the larger parties to adopt issues if a minor party brings it to the Public’s attention

1.     Ex. Minimum wage, health insurance

3.     Why have third parties had so little success in the US?

a.     The US started with a two party system and it became a sort of tradition

b.     Third party candidates often have to get a certain number of signatures to be on a ballot while Dem. & Repub. Candidates appear automatically

c.      Single-representative type elections where officials are not elected in proportion to votes or voters, but the biggest percentage of votes is elected

4.     Identify the various ways that a person can support a political party.

a.     Hand out posters

b.     Become a party member and donate

c.      Publicize candidates

d.     Volunteer at conventions

Ch. 7 Sec. 2 Qs

Sec. 2 Qs

2.     List three guidelines the Supreme Court uses in judgment of cases involving equal protection rights

a.     The Rational Base Test

b.     The Suspect Classification Test

c.      The Fundamental Rights Test

3.     Describe the circumstances in which the Court requires the state to bear the burden of proof to justify a law

a.     When a challenged law involves suspect classification (classification made on the base of race or national origin) it is not enough for the state to show the law is an okay way to deal with a public issue. Then the Supreme Court makes the state show that there is “some compelling public interest” to justify the law.

4.     Explain the Court’s reasoning in overturning the “separate but equal” doctrine in the Brown decision

a.     Brown and associates made a successful argument that segregated schools could never be equal.

b.     The Court was also already slowly reversing laws on separation, but this case was a sort of final straw.

5.     Does the equal protection clause of the Fourteenth Amendment allow the government to draw distinctions between different classes of people?

a.     Yes because they must draw distinctions. For example population surveys draw a distinction between those under 35 and those over. However, they cannot draw unreasonable distinctions. Distinctions that people deem as unreasonable can be challenged in court.

6.     What were the far-reaching effects of the Brown decision?

a.     The decision in favor of Brown and it’s anti-discrimination ruling created a door for many other cases that dealt with segregation. For example any public segregation was essentially struck down – separate park benches, separate beaches ect.

Ch. 7 Sec. 1 Questions

Sec 1 Qs

1.     Define these:

a.     Exclusionary rule – any info. gained illegally cannot be used in court

b.     Counsel – an attorney (lawyer)

c.      Self-incrimination – giving a testimony in trial/legal proceeding that could subject oneself to criminal prosecution

d.     Double jeopardy – makes it illegal to try a person for the same crime, preventing harassment

2.     Describe the procedure that police must follow in making a lawful search

a.     Must get a warrant from a court official before searching for evidence ect.

                                               i.     Has to detail exactly what can be searched and for what exactly to look for

3.     Identify the case in which the exclusionary rule was first applied to state courts

a.     Weeks v. United States

                                               i.     Held that warrantless seizure of items/people from private premises is in violation of the Fourth Amendment

4.     Explain the importance of the Court’s decision in Gideon v. Wainwright

a.     Gideon was refused an attorney because the state said they were not required to provide an attorney unless the defendant was being accused of a capitol offense. He later took this to the Supreme Court, who ruled that all states were required to provide an attorney in all cases.

b.     This made the current standard that ensure every citizen, no matter how poor or the circumstances, is guaranteed a lawyer during arrest through court proceedings. This is a part of fair trial.

5.     How does the right to counsel help guarantee a fair trial?

a.     Oftentimes poor, uneducated, and/or illiterate people could be easily lost in the justice system jargon and rules. By providing an attorney, the defendant has a chance to defend themselves properly.

6.     How has the Court differentiated between a search by a public school official and a search by the police

a.     School officials need no warrant or probable cause because on school grounds, it is the school’s property. All the school needs is reasonable grounds that a person (often student) is breaking school laws.

b.     Police need a warrant unless the crime is committed in their presence.

First Amendment Controversy

A recent first right amendment challenge that is relevant to the younger generation is the controversy over video game content. In the case of Brown v Entertainment Merchants, a corporation challenged California’s right to put a law banning the sale of violent video games to minors. In 2011, the Supreme Court ruled in favor of the corporation because there was not sufficient evidence for harm caused by video games. Another reason given was that video games constituted media and media is supposed to be covered by the First Amendment.

Chapter 6 Sec. 4 Questions

Study questions for Chapter 6 Section 4

1) What is prior restraint?

-Prior restraint is the restriction/censorship of information before it is published/available to the public. This is practiced by most governments to differing levels.

2) Discuss the importance of the Pentagon Papers in relation to the Freedom of the Press.

-The Pentagon Papers were a series of paper detailing American involvement in Vietnam. They were released without the governments permission. The Supreme Court ruled that is was within the newspaper’s rights to publish this governmental information because to do otherwise would be prior restraint. They also stated that the press was there to let secrets out and get government information to the people.

3) Discuss how the Freedom of the Press has been viewed in Public Schools?
            -Freedom of Press has had a very limited support in schools where school officials are allowed to censor school-sponsored activities and education.

4) Discuss the dilemma of Free Press and Fair Trials?

-Sometimes the two freedoms interfere with each other. Specifically the press can influence people to a certain position, making it hard to hold a fair court trial. Judges are pressed to ensure a fair trial to everyone by making sure the jury is not unduly influenced.

5) What is a gag order?

            -A gag order is an order issued by a judge prohibiting the release of certain information about a pending court case.  They were deemed an unfair prior restraint (illegal) by the Supreme Court.

6) Discuss the dilemmas involving the free press and protecting one's sources.

            -Reporters and New Papers often publish information that could be counted as harmful to an opposing party. Specifically government-harming releases are heavily questioned. Reporters believe they have the right to protect their sources by not revealing information to a court. This has been mainly shut down because the Courts ruled that it was in public (lawful) interest to reveal the sources to a court.

7) Why do radio and television not have the same freedoms as other segments of the press?

            -The development of radio/television was not foreseen by the writers of the Constitution and where therefore given less rights than specifically written information, as written information was the norm back then.

8) Why is government permitted to regulate some advertisements and not others?  

            -It is based mainly on the extent of the First Amendment. Advertisements are still subject to some regulations, but have been relaxed on others because it is seen as inhibiting companies right to the first Amendment.

Questions for Chapter 6 Section 3

Questions for Chapter 6 Section 3:

1.     Why do most groups have to obtain a permit to parade or hold a demonstration?

a.     So they don’t obstruct/interfere with other people’s rights or public safety

2.     Why were the Nazi party in Skokie allowed to march?  What dilemmas or controversies just this case bring up?

a.     The Nazi party were allowed to march because they were expressing their freedom of speech/assembly

b.     When taken to court the court ruled that a community couldn’t use a high bond amount (hostage) to make it impossible for the party to get a permit

c.      It brought up the issue of whether or not the government/police are obligated to protect unpopular protests

d.     It also brought up the fine line between peaceful and violent protest, many argued that the party could incite violence by marching in the mainly Jewish neighborhood

3.     Describe dilemmas that a free society faces in setting limits on freedom of assembly? 

a.     Deciding what constitutes a peaceful or potentially violent protest

b.     Deciding where/ it is lawful for people to assemble, ex. Not blocking the entrance to a courthouse even if it’s okay to be outside it

4.     When may the right to assemble be limited on public and private property?

a.     Private property cannot be protested on without the direct permission of the landowners

b.     Essential places –jails, courthouses, schools- cannot be obstructed though protesting outside of them is acceptable

c.      Violent protest – riot ect cannot be incited/promoted by the groups

Qs Friday 11th

1) List and describe the three types of speech.

  3 Types of Speech

a.     Pure Speech

                                               i.     Verbal expression of thought & opinion before an audience that has chosen to listen

                                              ii.     Strongest protection from Supreme Court

b.     Speech Plus

                                               i.     Actions like marching and demonstrating

                                              ii.     Some regulations: Cannot obstruct traffic, block sidewalks, illegally trespass, endanger public saftey

c.      Symbolic Speech

                                               i.     Involves using actions & symbols instead of words to express opinion

                                              ii.     Mixed Court decisions: black armbands to school=okay, burning flag=not okay then okay

2) How has Congress regulated speech? List three ways and describe each.

1.  Clear and Present Danger
1. When someone's speech presents clear and immeadiate danger to society/government/others
2. The Bad Tendency Doctrine
1. If speech was encouraging/lead to illegal actions, Congress can legally stop it
3. The Preferred Position Doctrine
1.  First Amendment freedoms are more important(fundamental) than other freedoms because they are base of all liberties. Laws inhibiting these freedoms should be assumed unconstitutional UNLESS the government can prove it's necessary

  3) Why types of speech is not protected?

1. Defamatory Speech
1. speech that hurts another person's image
2. Fighting Speech
1. speech that provokes immediate violence
3. Student Speech
1. underage students are not protected by many of the liberties while in school

  4) How have changes in Supreme Court definitions of seditious speech expanded First Amendment rights? Cite cases to support your answer.

1. In Dennis v. United States, the court used the “clear and present danger” test to approve the conviction of 11 communist party leaders under the act. 

5) List how the Supreme court has limited student speech.

1.  Students give up free speech when entering school, as teachers decide what cannot/can be said
2. Teachers can prevent speech about illegal substances, i.e. "Bong Hits 4 Jesus"