UNIT 5 Answer Key CHAPTER 18. CHAPTER 18 Section 1

UNIT 5 Answer Key CHAPTER 18 Prereading and Vocabulary 2 1. Exclusive jurisdiction is the sole power of a court to hear a certain case. 2. Appellate jurisdiction is the authority of a court to review decisions of lower courts. 3. Concurrent jurisdiction is the shared power of both the federal and state courts to hear certain cases. 4. breaking the law criminal 5. disagree, contracts, taxes civil 6. protested dissenting 7. agreed concurring 8. most of the group majority Chapter Outline 2 I. Section 1: The National Judiciary A. Federal Courts 1. Articles of Confederation, ignored 2. state 3. constitutional, special B. Jurisdiction 1. Exclusive 2. concurrent C. Judges 1. President, Senate 2. activism 3. restraint 4. Magistrates 5. life II. Section 2: The Inferior Courts A. District Courts 1. jury 2. original B. The Courts of Appeals 1. appellate 2. Supreme Court judge 3. majority vote C. Court of International Trade Trade, constitutional III. Section 3: The Supreme Court A. Powers of the Court 1. appealed 2. judicial review, Constitution B. Jurisdiction appellate, original C. The Court at Work 1. nine 2. majority IV. Section 4: The Special Courts A. Courts Related to the Military 1. civilian tribunal 2. denied 3. Military commissions B. Other Special Courts 1. money claims 2. district court, court of appeals 3. Tax Court, federal taxes CHAPTER 18 Section 1 Reading Comprehension 3 1. Under the Articles, the laws of the United States were interpreted and applied as each State saw fit, and sometimes not at all. Disputes between States and between persons who lived in different States were decided, if at all, by the courts in one of the States involved. Decisions of the courts in one State were often ignored by courts in the other States. 2. In the United States, there are two separate court systems the national judiciary, made up of more than 100 federal courts, and the court systems in each of the 50 States. 3. Most cases are heard in State courts. 4. The Federal Courts: U.S. Supreme Court Inferior Courts: Constitutional Courts: 94 District Courts, 12 U.S. Courts of Appeals, U.S. Court of Appeals for the Federal Circuit, U.S. Court of International Trade Special Courts: U.S. Court of Federal Claims, U.S. Tax Court, U.S. Court of Appeals for the Armed Forces, Courts of the District of Columbia, Territorial Courts, U.S. Court of Appeals for Veterans Claims 5. The constitutional courts exercise the broad judicial Power of the United States, while the special courts do not. The special courts have been created by Congress to hear cases arising out of some of the expressed powers given to Congress. The special courts hear a much narrower range of cases than those that may come before the constitutional courts. 6. the constitutional courts 245

7. Federal courts have jurisdiction because of subject matter if a case involves a federal question the interpretation and application of a provision in the Constitution or in any federal statute or treaty; or a question of admiralty or maritime law. 8. Federal courts have jurisdiction because of the parties involved if one of the parties is (1) the United States or one of its officers or agencies; (2) an ambassador, consul, or other official representative of a foreign government; (3) one of the 50 States suing another State, a resident of another State, or a foreign government or one of its subjects; (4) a citizen of one State suing a citizen of another State; (5) an American citizen suing a foreign government or one of its subjects; or (6) a citizen of a State suing a citizen of that same State where both claim title to land under grants from different States. 9. When federal courts have exclusive jurisdiction in a case, only they can try the case. When federal and State courts have concurrent jurisdiction, they share the power to hear the case. 10. when the amount of money involved is at least $75,000 11. plaintiff; defendant 12. district courts; courts of appeals 13. the President; the Senate 14. It gives great weight to the wishes of the senators from the State in which a federal judge is to serve, so the President nearly always selects someone the senators from that State recommend. 15. Presidents know that judges may serve for decades, so they look for jurists who share their own views. 16. Proponents of judicial restraint believe that judges should decide cases on the basis of (1) the original intent of the Framers or those who enacted the statutes involved in a case, and (2) precedent; and that the courts should defer to policy judgments made in the legislative and executive branches. Proponents of judicial activism argue that provisions in the Constitution and in statute law should be interpreted and applied in the light of ongoing changes in conditions and values, and that courts should not be overly deferential to existing legal principles or to the judgments of elected officials. 17. Judges of the constitutional courts serve for life or until they resign, retire, die, or are removed from office through the impeachment process. Judges of the special courts serve 15-year terms. Superior Court judges in the District of Columbia serve four-year terms; those who serve in the District s Court of Appeals serve eightyear terms. 18. Magistrates issue warrants of arrest, hear evidence to decide if a person should be held for action by a grand jury, set bail in federal criminal cases, and try those who are charged with certain minor offenses. 19. the U.S. attorneys and their deputies 20. U.S. marshals make arrests in federal criminal cases, hold accused people in custody, secure jurors, serve legal papers, keep order in courtrooms, and execute court orders and decisions. They also respond to emergency situations like riots. Reading Comprehension 2 1. The Framers created a national judiciary to create a uniform set of laws for the nation. 2. The two separate court systems in the United States are the national court system and the state court system. 3. The two types of federal courts are the constitutional courts and the special courts. 4. Any three of the following are acceptable: A person, group, or company breaks the rules of the Constitution; a person, group, or company breaks federal laws; a foreign nation or ambassador sues the U.S. or a U.S. citizen; an American citizen sues a foreign government or person; a crime occurs on a U.S. ship at sea or on federal property; a disagreement arises between states or between citizens of different states 5. Exclusive jurisdiction is the power of the federal courts alone to hear certain cases; concurrent jurisdiction is shared power by federal and state courts to hear certain cases. 6. Possible answer: An example of a case of exclusive jurisdiction is when a person commits a crime on an American ship at sea. An example of a case of concurrent 246

jurisdiction is when citizens of different states have a disagreement over money. 7. The district courts have only original jurisdiction. 8. The appeals courts have only appellate jurisdiction. 9. The President appoints the Supreme Court justice, and the Senate must approve the appointment after holding hearings. 10. The President seeks advice from senators of the state where the judge will serve and may also ask the advice of the attorney general and political advisors. 11. Proponents of judicial restraint believe that judges should decide cases on the basis of (1) the original intent of the Framers or those who enacted the statutes involved in a case, and (2) precedent. Proponents of judicial activism argue that provisions in the Constitution and in statute law should be interpreted and applied in the light of ongoing changes in conditions and values. 12. Magistrates help run district courts and handle minor civil complaints and misdemeanor cases. Core Worksheets 3, 2 Federal: C, D, E, G, I State: B, F, H Both/Concurrent: A, J 1. Students should note that any case directly tied to the Constitution, such as the freespeech case, would be heard at the national level, as would cases involving federal law, such as the Sherman Antitrust Act. In cases involving citizens of different states, concurrent jurisdiction exists only if the amount exceeds $75,000. Otherwise, the case is a State matter. Federal courts have exclusive jurisdiction in cases involving admiralty law and patent infringement. A federal special court exists to hear cases involving federal taxes. Some bankruptcy cases are tried in State courts, but most fall under federal jurisdiction. 2. Students might note that the criteria for determining jurisdiction can be complicated and might cause delays in resolving cases. 3. The Framers knew that if they created branches to make laws and to carry them out, it was important to also create a branch to interpret and judge such laws. The national judiciary stands as a check and balance to the other two branches, as well as a check on judicial power at the State level. Extend Worksheet 3, 4 1. $212,100; $203,000; $175,100; $165,200 2. Federal judicial pay has declined since 1969. Federal judges make only about half what top law professors make. Beginning lawyers often make as much as the experienced federal judges. The relatively low pay will result in a decline in the quality of persons willing to accept a lifetime appointment as a federal judge. 3. They already make far more than the average American worker makes. The Court has been accepting a diminishing number of cases to consider. 4. Answers will vary. Students should provide reasons for their responses. Quiz A 1. d 2. b 3. f 4. c 5. e 6. a 7. b 8. b 9. a 10. b Quiz B 1. f 2. b 3. e 4. c 5. d 6. a 7. a 8. b 9. d 10. b 247

CHAPTER 18 Section 2 Reading Comprehension 3 1. the district courts 2. at least one, but some States are divided into two or more districts 3. cases that involve congressional districting or State legislative apportionment questions; those arising under the Civil Rights Act of 1964 or the Voting Rights Acts of 1965, 1970, 1975, and 1982; and certain antitrust actions 4. the Foreign Intelligence Surveillance Court and the Alien Terrorist Removal Court 5. A criminal case is one in which a defendant is tried for committing some action that Congress has declared by law to be a federal crime. A civil case involves some noncriminal matter, such as a suit for damages (money). 6. the United States 7. to relieve the Supreme Court of much of the burden of hearing appeals, because the Supreme Court had gotten more than three years behind in its docket 8. a list of cases to be heard by a court 9. 12, including the District of Columbia 10. A justice of the Supreme Court is assigned to each court of appeals. 11. three 12. from the district courts within their circuits 13. The thirteenth court of appeals is the Court of Appeals for the Federal Circuit. It was created to centralize and speed up the handling of appeals in certain types of federal civil cases. 14. all civil (but not criminal) cases that arise out of the nation s customs and other trade-related laws Reading Comprehension 2 1. The district courts handle most federal cases. 2. Each state has at least one, but some states are divided into two or more districts. 3. The Supreme Court is the highest court. 4. A criminal case is one in which a defendant is tried for breaking a federal law such as kidnapping. A civil case involves disputes over a noncriminal matter, such as a disagreement over a contract. 5. An appeal is when an accused person believes their trial was unfair and asks a court of appeals to hear their case. 6. There are 13 federal courts of appeals. 7. Appellate courts only hear cases on appeal from the lower courts. 8. The judges may reverse the district court s decision or they may send the case back to the district court for a new trial. 9. The Court of International Trade hears cases about taxes collected on imported goods and other trade-related matters. Core Worksheet 3 Students fictional federal cases will vary. They should explain why it is a federal case, which court would try the case based on jurisdiction, and what the verdict is. They should then create a flowchart to show where the case would go on appeal all the way to the Supreme Court. Quiz A 1. f 2. b 3. a 4. e 5. c 6. d 7. a 8. b 9. c 10. b Quiz B 1. e 2. d 3. b 4. f 5. c 6. a 7. a 8. b 9. b 10. b 248

CHAPTER 18 Section 3 Reading Comprehension 3 1. nine; a chief justice and eight associate justices 2. It is the court of last resort in all questions of federal law and is the final authority in any case involving any question arising under the Constitution, an act of Congress, or a treaty of the United States. 3. It was the first time the Supreme Court asserted its power of judicial review. It said that the Supreme Court had the right to declare acts of Congress unconstitutional. 4. its appellate jurisdiction 5. those to which a State is a party and those affecting ambassadors, other public ministers, and consuls 6. The rule of four means that at least four of the nine justices of the Supreme Court must agree that a case should be put on the Court s docket. As a result of this rule, the Court accepts only a few hundred cases each year for decision. 7. The writ of certiorari is an order by the Court directing a lower court to send up the record in a given case for its review. When certiorari is denied, this is not a decision on the merits of a case. Nonetheless, the decision of the lower court stands in that particular case. 8. If a case reaches the Court by certificate, this means that a lower court is not clear about the procedure or the rule of law that should apply in a case and asks the Supreme Court to certify the answer to a specific question in the matter. 9. from the highest State courts and the federal courts of appeals 10. Each term of the Supreme Court begins on the first Monday in October and ends sometime the following June or July. 11. e, c, b, a, f, d 12. The solicitor general represents the United States in all cases to which it is a party in the Supreme Court and may appear for the government in any federal or State court. He or she also decides which cases the government should ask the Supreme Court to review and what position the United States should take in those cases it brings before the Court. 13. a majority (or five) 14. No, most of the cases it hears pose difficult and complicated questions, about which there is disagreement or controversy. 15. (a) majority opinion issued for all cases decided by the Court; (b) concurring opinion issued when one or more of the justices agrees with the majority decision, but wishes to make some point not made or not emphasized in the majority opinion; (c) dissenting opinion issued when one or more justices do not agree with the majority decision and wish to express opposition to the majority s views in a case. Reading Comprehension 2 1. The Supreme Court is made up of nine justices; a chief justice and eight associate justices. Judicial review is the power to interpret the Constitution and declare laws and government actions unconstitutional. The Court claimed this power in the case of Marbury v. Madison. Most cases come from the lower federal courts and the highest state courts. Each term of the Supreme Court begins in October and ends the following July. Supreme Court justices are appointed for life and can serve as long as they feel able. 2. Someone has to question the law. 3. The Supreme Court may hear cases to which a state is a party and cases affecting ambassadors, other public ministers, and consuls. 4. c, a, b, d 5. The Senate Judiciary Committee holds hearings to consider the President s appointments to the Court. 6. A majority of the nine justices must agree for a case to be decided. 7. (a) Majority opinions are issued for all cases decided by the Court. (b) Concurring opinions may be issued when one or more of the justices agrees with the majority decision but wishes to make some point not made or not emphasized in the majority opinion. (c) Dissenting opinions may be issued when one or more justices do not agree with the majority decision and wish to express opposition to the majority s views in a case. 249

8. Supreme Court opinions may be used as precedents in similar cases in the lower courts. 9. The Court is often divided in its opinions because the cases it hears are so controversial. Core Worksheet A 3 1. Students should provide reasons for their responses. 2. Possible responses: Is it your position that the quality of the sound is the same whether or not the technician is the city technician or the Rock technician? But what is the principal case you would rely on here for the proposition that the city must use the least intrusive means? 3. Possible responses for Koerner: And we don t pretend to regulate the speech within the bandshell area. All we do is control loudness to the extent it doesn t bleed into the unwilling listener area. Time, place and manner presumes that there s going to be some limitation on free speech, but it recognizes that where there s a significant governmental interest, that the government has a right to make this limitation. The test is not whether the particular solution is the best, but whether or not it is effective. Possible responses for Kunstler: There are five alternatives short of putting in your own mixer. This is an attempt to regulate free expression. Music is within the First Amendment. I think this is a pure First Amendment freedom of expression case... where the state is trying to essentially mix the sound of the band, a state employee using state-hired equipment. 4. Answers will vary. The Court upheld the New York City ordinance, finding that as long as the means chosen are not substantially broader than necessary to achieve the government s interest, a regulation will not be invalidated. Core Worksheet B 3 Students should cite reasons for or against each statement, and provide reasons for their opinions. Groups should decide which statements were most controversial and why. They also should identify which statements led to dissenting opinions and why. Skills Worksheet 3 1. the constitutionality of racial segregation 2. The Court supported its decision by arguing that separation of races was natural and did not violate the 13th and 14th amendments; that separate facilities did not stamp blacks with a badge of inferiority; that government could make distinctions based on race; and that legislation alone could not guarantee social equality for African Americans. 3. Students answers will vary. Possible response: The Court s decision failed to adequately consider the spirit of the Constitution or the ways in which African Americans civil rights were being violated by separate but equal facilities. The Court did not seem to understand that it was unlikely that the races would engage in voluntary consent. The Court also failed to fully consider the impact its decision would have on race relations in the United States. 4. In Brown v. Board of Education of Topeka, the Supreme Court s decision recognized that separate facilities were inherently unequal and, therefore, violated the 14th Amendment s guarantee of equal protection. Skill Activity 2 1. Definitions: conflict - fighting; inferiority - feeling of having less value; prejudice - bias; proposition - proposal; voluntary - of one s free will. 2. the constitutionality of racial segregation 3. The Court supported its decision by arguing that separation of races was natural and did not violate the 13th and 14th amendments; that separate facilities did not stamp blacks with a badge of inferiority; that government could make distinctions based on race; and that legislation alone could not guarantee social equality for African Americans. 4. The Court first decided whether segregation violated the law. It then looked at the arguments made and considered whether it found them valid. Based on this information, the justices decided how to rule on the case. 250

Quiz A 1. f 2. b 3. a 4. e 5. c 6. d 7. b 8. c 9. a 10. d Quiz B 1. f 2. e 3. c 4. d 5. a 6. b 7. b 8. c 9. a 10. d CHAPTER 18 Section 4 Reading Comprehension 3 1. Special courts have very narrow jurisdictions and hear only those cases that fall into a very limited class. Their judges are not appointed for life, but serve for a fixed term. 2. Courts-martial are military courts that serve the special disciplinary needs of the armed forces. Their trials are similar to the trials held in civilian courts, but their judges, prosecutors, defense attorneys, and other personnel are all members of the military, and only two-thirds of the panel, or jury, has to agree on a verdict versus the unanimous verdict required in a civilian court. 3. the Court of Appeals for the Armed Forces and the Supreme Court 4. cases in which individuals claim that the Department of Veterans Affairs has denied or otherwise mishandled valid claims for veterans benefits 5. Military commissions are court-like bodies composed of commissioned officers. They were created in 2003 to try unlawful enemy combatants, mostly suspected terrorists captured by American forces in Afghanistan and Iraq. A military tribunal created in 1942 tried eight Nazi saboteurs. 6. only if empowered to do so by an act of Congress 7. satisfaction of a claim, or payment 8. claims for damages from the Federal Government 9. the Court of Appeals for the Federal Circuit 10. A federal district court and the federal Court of Appeals for the District of Columbia hear many local cases as well as those they try as constitutional courts. Congress has also established two local courts, including a superior court, which is the general trial court, and a court of appeals. 11. It is not a part of the federal court system, but is an independent judicial body in the legislative branch. Reading Comprehension 2 1. Congress created the special courts to hear cases involving the powers of Congress. 2. A court-martial is a military court that serves the needs of the armed forces. The judges and other people who work in the courts are all members of the military. 3. A civilian tribunal is a court that operates as part of the judicial branch, separate from the military. It reviews serious courtmartial convictions. 4. Court-martial convictions can be appealed to the Court of Appeals for the Armed Forces and then the Supreme Court. 5. The Court of Appeals for Veterans Claims hears appeals from decisions made by the Board of Veterans Appeals. It hears cases in which individuals claim that the Department of Veterans Affairs has denied valid claims for veterans benefits. Court of Federal Claims hears cases involving money claims against the federal government. The United States Tax Court hears appeals concerning the payment of federal taxes. 6. President George W. Bush created the military commissions. Military 251

commissions are boards of commissioned officers created to try suspected terrorists captured by American forces in Afghanistan and Iraq. 7. Congress must appropriate money to be paid to that person. 8. A district court and a court of appeals hear local and constitutional cases. Congress has also established two local courts: a superior court and a court of appeals. Core Worksheet 3, 2 Members of the President s Administration: 1, 3, 5, 7, 11, 14 Members of Human Rights Watch: 2, 4, 6, 8, 10, 12, 13, 15, 17 Family members of people who died during the 9/11 terrorist attacks: 1, 5, 16, 20 Family members of detainees at Guantanamo Bay: 4, 6, 9, 12, 13, 15, 17, 18, 19 Answers to the Critical Thinking Questions will vary. Students should support their positions by citing constitutional provisions. Quiz A 1. c 2. a 3. d 4. b 5. f 6. e 7. b 8. b 9. d 10. c Quiz B 1. d 2. b 3. e 4. c 5. f 6. a 7. b 8. b 9. c 10. c CHAPTER 18 Test A 1. f 2. i 3. a 4. h 5. g 6. c 7. b 8. j 9. d 10. e 11. c 12. c 13. a 14. a 15. c 16. c 17. c 18. b 19. c 20. d Document-Based Question 21. This quote describes judicial review, the power to decide the constitutionality of an act of government. The Supreme Court first asserted its power of judicial review in Marbury v. Madison. In that case, the Court declared an act of Congress unconstitutional. This laid the foundation for the judicial branch s key role in the development of the American system of government. Critical Thinking 22. The philosophy of judicial restraint says that judges should decide cases on the basis of (1) the original intent of the Framers or those who enacted the statute(s) involved in a case, and (2) precedent. Proponents of this philosophy believe that the courts should defer to policy judgments made in the legislative and executive branches and thus honor the right of the majority to determine public policy. Supporters of judicial activism, on the other hand, take a much broader view of judicial power. They argue that provisions in the Constitution and in statute law should be interpreted and applied in the light of ongoing 252

changes in conditions and values. While they value precedent and the importance of majority rule, they believe that the courts should not be overly deferential to existing legal principles or to the judgments of elected officials. Essay 23. Answers will vary. Students should support their responses with details about the structure of the federal court system, including the avenues for appealing cases at various levels. Students should also note ways that the structure of the federal court system has changed over time to operate more effectively such as adding the appeals courts to reduce the number of cases the Supreme Court had to hear, and adding the Court of Federal Claims to assist Congress in handling claims against the United States. Test B 1. e 2. j 3. a 4. i 5. g 6. b 7. f 8. h 9. c 10. d 11. c 12. c 13. d 14. a 15. c 16. b 17. c 18. b 19. c 20. d Document-Based Question 21. This quote describes judicial review, the power to decide the constitutionality of an act of government. The Supreme Court first asserted its power of judicial review in Marbury v. Madison. In that case, the Court declared an act of Congress unconstitutional. This laid the foundation for the judicial branch s key role in the development of the American system of government. Critical Thinking 22. The philosophy of judicial restraint means a judge will consider precedent, or the decisions made in other cases, when making decisions. The judge will also focus on the Constitution and the original intent of the law. Supporters of judicial activism take a broader view of judicial power. Judicial activism means that the judge is willing to consider the current needs of society since the law was made. These beliefs weigh heavily when judges decide a case. Essay 23. Answers will vary. Students should support their answer with details about the structure of the federal court system. Answers should describe avenues for appealing cases at various levels. Students should show they understand that the structure of the federal court system is designed to make it as effective as possible. For example, the appeals courts hear a volume of cases that the Supreme Court could not handle; the special courts are each designed to fill a specific need. CHAPTER 19 Prereading and Vocabulary 2 1. all citizens; also Aliens are people who live in a country but who are not citizens of that country. 2. located in; the Catholic church Parochial means having to do with a church. 3. striking workers; in front of ABC Company Picketing is the gathering of striking workers at their place of work as a sign of protest. 4. g 5. d 6. e 7. b 8. f 9. c 10. a 253

Chapter Outline 2 I. Section 1: The Unalienable Rights A. The American Commitment to Freedom 1. freedom 2. Civil liberties 3. Civil rights B. Limited Government 1. Constitution 2. citizens, aliens C. Federalism and Individual Rights states D. The 9th Amendment 9th Amendment II. Section 2: Freedom of Religion A. Separation of Church and State Establishment B. Religion and Education Lemon test C. The Establishment Clause legislatures, schools D. The Free Exercise Clause religious beliefs III. Section 3: Freedom of Speech and Press A. Free Expression 1. Freedom of the press 2. libel, slander B. Seditious Speech and Obscenity 1. overthrow, government 2. three-part C. Prior Restraint prior restraint D. Free Speech and the Media shield laws E. Symbolic and Commercial Speech 1. Picketing 2. Commercial speech IV. Section 4: Freedom of Assembly and Petition A. The Right to Assemble 1. peaceful 2. petition 3. public, private 4. time, place, manner B. Freedom of Association promote, cause CHAPTER 19 Section 1 Reading Comprehension 3 1. The struggle for individual rights in England influenced the early colonists, who brought a commitment to freedom with them to America. 2. life, liberty, and the pursuit of happiness 3. The Bill of Rights is the first ten amendments to the Constitution. It was added because several States would not ratify the Constitution unless they were promised that a listing of rights would soon be added. 4. Civil Liberties = protections against government; examples: freedom of religion, freedom of speech and press, guarantees of fair trial Civil Rights = positive acts of government; examples: laws against discrimination on the basis of race, sex, religious belief, or national origin 5. The Constitution limits government through its guarantees of freedom, which prohibit or restrict the power of government to do something. 6. Each person has rights, but those rights are relative to the rights of every other person. One person s rights cannot infringe on the rights of others. 7. Under the federal system, the Bill of Rights placed restrictions on the National Government, but not on the States. However, the 14th Amendment s Due Process Clause makes it clear that States cannot deny basic rights to the people. 8. Any five of the following: freedom of speech, freedom of press, freedom of assembly and petition, Free Exercise Clause, Establishment Clause, no unreasonable searches and seizures, no self-incrimination, no double jeopardy, right to counsel, right to confront and obtain witnesses, speedy trial, trial by jury, no cruel and unusual punishments 9. It guarantees that rights exist beyond those listed in the Constitution and that the enumeration of rights in the Constitution may not be used to deny people additional rights. Reading Comprehension 2 1. (a) Inalienable rights are rights that are absolute. They cannot be surrendered. (b) The three basic inalienable rights in the Declaration of Independence are life, liberty, and the pursuit of happiness. 254

2. The colonists were committed to personal freedom because they were first denied the right to worship freely in Great Britain and then Britain began to take away the freedoms granted to colonists under their own governments. 3. The Bill of Rights is the first 10 amendments to the Constitution. This is a list of rights guaranteed to the people. 4. The Bill of Rights was added to the Constitution because the states would not approve the Constitution without it. 5. Civil liberties: Civil liberties are the freedoms that the government may not take away. Examples include the freedom of religion, press, speech, assembly, petition, and the right to a fair trial. Civil rights: Civil rights are the protections the government grants to people. Examples include the protection against discrimination on the basis of race, sex, religion, or national origin. 6. (a) Limited government is a basic principle of the government of the United States. The Constitution sets limits on the power of government. The Constitution gives the government power to rule; however, these limits ensure that basic individual rights are protected. (b) Rights of citizens are limited relative to the rights of others. No person can prevent another from exercising a right. Examples include the right to vote and the right of free speech. No person can keep others from exercising these rights. 7. The Bill of Rights placed limits on the power of the national government, but not on the power of the states. The Due Process Clause of the 14th Amendment extends the Bill of Rights to the states, guaranteeing that states cannot deny basic rights to the people. 8. The Supreme Court has held that most of the guarantees in the Bill of Rights are also covered in the 14th Amendment. This is called the process of incorporation. 9. The 9th Amendment guarantees that rights exist beyond those listed in the Constitution. Core Worksheet 3 1. freedom of religion, speech, press, assembly, and petition 2. because the rights of speech, press, assembly, and petition allow citizens to obtain information and freely express their opinions, even unpopular ones 3. Students might say that the free exchange of ideas and opinions is the foundation of democratic government. These rights protect citizens from most limitations by government. They also help citizens become informed about their leaders, their electoral choices, and the policies of their lawmakers. 4. Students should conclude that the cartoonist, although poking fun at arguing, respects the ideals of the 1st Amendment. The cartoonist has included a framed painting of blind justice right next to the Bill of Rights. Skills Worksheet 3 1. The Takahashi excerpt is a first-hand account of a Japanese American who was removed from her home. The article by the Japanese American National Museum was written 65 years after relocation took place. It is unknown whether the author had first-hand knowledge of the event. 2. The main idea is that the relocation and internment of Japanese Americans during World War II was unjust. This idea is supported by the formation of a commission that called for redress from the Federal Government. It is also supported by the Federal Government s subsequent actions. 3. (a) She seems frightened and confused as to why such hostility was being directed toward Japanese Americans. (b) Takahashi reports that people were becoming angry toward Japanese Americans after Pearl Harbor, and that newspapers were agitating against them. She reports acts of violence against Japanese Americans. Her story supports the account in the article by the Japanese American National Museum that the relocation was a deeply traumatic experience. 255

Skill Activity 2 1. The Takahashi piece was written by someone who actually witnessed the events described. The newspaper story was written years after the events described happened. 2. The main idea is that the relocation of Japanese Americans during World War II was unjust. 3. She seems frightened and confused as to why such hostility was being directed toward Japanese Americans and relieved to be moved to the internment camp. 4. The two accounts agree. Takahashi reports that people were becoming angry toward Japanese Americans after Pearl Harbor. She says newspapers were agitating against them. She reports acts of violence against Japanese Americans. Her story supports the account in the Times that the relocation of Japanese Americans was done mostly because of prejudice and hysteria. Quiz A 1. a 2. d 3. e 4. b 5. c 6. f 7. b 8. d 9. b 10. a Quiz B 1. a 2. f 3. c 4. e 5. b 6. d 7. b 8. d 9. d 10. a CHAPTER 19 Section 2 Reading Comprehension 3 1. (a) It prohibits an establishment of religion (the Establishment Clause). (b) It prohibits any arbitrary interference by government with the free exercise of religion (the Free Exercise Clause). 2. It sets up a wall of separation between church and state. 3. Pierce v. Society of Sisters: struck down a law requiring parents to send their children to public rather than parochial schools Everson v. Board of Education: upheld a law providing for public busing of students to parochial, as well as public, schools Engel v. Vitale: outlawed the use of a prayer in public schools written by the New York State Board of Regents Abington School District v. Schempp: struck down a law requiring readings from the Bible and recitations of the Lord s Prayer at the beginning of each school day Stone v. Graham: struck down a law ordering the posting of the Ten Commandments in public classrooms Wallace v. Jaffree: struck down a law providing for a one-minute period for meditation or voluntary prayer at the start of each school day Lee v. Weisman: outlawed the offering of prayer as part of a public school graduation ceremony Santa Fe Independent School District v. Doe: struck down a school district s policy that permitted student-led prayer at high school football games Westside Community Schools v. Mergens: upheld the Equal Access Act of 1984 that allows student religious groups to meet in public high schools on the same terms as other organizations Epperson v. Arkansas: struck down a law forbidding the teaching of the scientific theory of evolution Grand Rapids School District v. Ball: outlawed the use of tax monies to pay any part of the salaries of parochial school teachers Zelman v. Simmons-Harris: upheld a plan in which parents can receive vouchers to send their children to parochial schools 256

4. The Lemon test is a three-pronged standard to decide whether a State law amounts to an establishment of religion. That standard states that (1) a law must have a secular, not religious, purpose; (2) it must neither advance nor inhibit religion; and (3) it must not foster an excessive entanglement of government and religion. 5. The Supreme Court ruled in Marsh v. Chambers that legislative prayers are constitutionally permissible because (1) they have been offered in the nation s legislative bodies from colonial times; and (2) legislators, unlike schoolchildren, are not susceptible to religious indoctrination or peer pressure. 6. (a) In County of Allegheny v. ACLU, the Court ruled that a holiday display violated the 1st and 14th amendments, while in Pittsburgh v. ACLU, it ruled that another holiday display did not. In the first case, the display celebrated the birth of Jesus, while in the second case, the display consisted of a Christmas tree, a menorah, and sign declaring the city s dedication to freedom. (b) In Van Orden v. Perry, the Court held that a Ten Commandments monument did not violate the 1st and 14th amendments, while in McCreary County v. ACLU, it ruled that the display of the Ten Commandments in Kentucky county courthouses was unacceptable. In the first case, it found the monument s overall message to be secular rather than religious, while in the second case, it found that the displays had a clear religious purpose. (c) In Minersville School District v. Gobitis, the Court upheld a school board regulation requiring students to salute the flag. It ruled that the regulation did not infringe on religious liberty, but was a lawful attempt to promote patriotism and national unity. In West Virginia Board of Education v. Barnette, the Court reversed that decision and held that a compulsory flag-salute law is unconstitutional and that patriotism does not need to be compulsory to flourish. 7. beliefs rooted in religion 8. The Free Exercise Clause does not give a person the right to violate criminal laws, offend public morals, or threaten community safety. Various limits have been placed on free exercise to promote safety or uphold other laws. Reading Comprehension 2 1. a. The Establishment Clause separates church and state. It prohibits an establishment of a state religion. b. The Free Exercise Clause guarantees each person s right to believe whatever he or she chooses about religion. 2. Busing of students to parochial schools: Constitutional Holding religious classes in public facilities during the school day: Unconstitutional Posting the Ten Commandments in public schools: Unconstitutional Allowing student-led prayers at public school sporting events: Unconstitutional Allowing religious groups to meet in public schools: Constitutional Forbidding teaching of the scientific theory of evolution in public schools: Unconstitutional Providing government aid to parochial schools in the form of books and equipment: Constitutional 3. The Lemon test arose from the case of Lemon v. Kurtzman in 1971. It helps the courts determine whether state aid to parochial schools is constitutional. 4. The test states that aid to parochial schools must (1) not have a religious purpose; (2) be neutral toward religion; and (3) avoid too much mixing of government and religion. 5. The Supreme Court decided that a large display in the county courthouse celebrating the birth of Jesus violated the 1st and 14th amendments. 6. The Supreme Court has ruled that prayers in legislatures are constitutional because they have been offered in the nation s legislatures since colonial times. In addition, legislators are not influenced by religious teaching the way school children are. 7. (1) People cannot violate the law; (2) people cannot endanger others; and (3) people cannot force their beliefs on others. 257

Core Worksheet 3 Scenario A 1. Is asking students to recite a nondenominational prayer in the classroom a violation of separation of church and state and an endorsement of religion? 2. the school board and a parent of a student at the school 3. Students might respond that the school board s action violated the Establishment Clause by allowing a governmentsponsored prayer. Because the prayer was nondenominational and did not support a particular religion, others might argue that the school board s action was legal. Scenario B 1. Does the government s denial of unemployment benefits to workers who are fired because of their religious beliefs violate the workers 1st Amendment rights? 2. former employee and State employment office 3. Students might argue that it did because it forced the woman to choose between her job and her religious beliefs. Scenario C 1. Is it constitutional for the public school district to support a religious education program that endorses a particular religion? 2. parents of two elementary school students and the school board 3. No, it clearly has a religious purpose, it advances a particular religion, and it entangles government with religion by taking place in public schools. The school board s decision to allow the program in its elementary schools implies government support or endorsement of this program. Scenario D 1. Did the school s dress code violate the right of a student to wear a religious head covering in school? 2. the student s family and school officials 3. Some might argue that refusing to allow students to wear religious head coverings violates the Free Exercise Clause of the 1st Amendment. Others might argue that allowing students to wear religious head coverings constitutes an endorsement of religion, violates content neutrality, or shows favoritism to one religious group over others. Quiz A 1. f 2. b 3. c 4. e 5. a 6. d 7. d 8. a 9. a 10. a Quiz B 1. e 2. b 3. c 4. d 5. a 6. f 7. d 8. d 9. a 10. a CHAPTER 19 Section 3 Reading Comprehension 3 1. (a) to guarantee each person a right of free expression (b) to guarantee to all persons a wideranging discussion of public affairs 2. These guarantees are intended to protect the expression of unpopular views, because it is these views, rather than the opinions of the majority, that need protecting. 3. Libel: false and malicious use of printed words; no Slander: false and malicious use of spoken words; no Seditious speech: advocating the overthrow of the government by force or disrupting its lawful activities by violent acts; no, if it poses a clear and present danger Obscenity: material that is objectionable or offensive; no, if it meets the Court s threepart test 258

Symbolic speech: expression or communication of ideas by conduct; yes, if it is truly symbolic speech Picketing: patrolling of a business site by workers who are on strike; yes, if it is peaceful and is not conducted for an illegal purpose Commercial speech: speech for business purposes, usually advertising; yes, as long as it is not false or misleading or advertising illegal goods 4. (a) if the average person applying contemporary community standards finds that the work, taken as a whole, appeals to the prurient interest (b) if the work depicts or describes in a patently offensive way a form of sexual conduct specifically dealt with in an antiobscenity law (c) if the work, taken as a whole, lacks serious literary, artistic, political, or scientific value 5. No. Except in the most extreme cases, government cannot place any prior restraint on expression, because that would be curbing ideas before they are expressed. 6. Shield laws give reporters some protection against having to disclose their sources or reveal other confidential information in legal proceedings. Reading Comprehension 2 1. The writers felt that freedom of speech would encourage the expression of many different opinions. This interplay of ideas is essential to the healthy functioning of a democratic government. 2. It is the guarantee that people can speak freely and write their opinions, which then can be published or broadcast. 3. Libel: Libel is false or unjust written statements. No Slander: Slander is false or unjust spoken statements. No Seditious speech: Seditious speech encourages people to violently overthrow or otherwise harm the government. No Obscenity: Obscenity is offensive material; The Supreme Court has set up a threepart test to help define what materials are offensive. No Symbolic speech: Symbolic speech communicates ideas without words. Yes, in most cases Picketing: Picketing is a protest against a business by striking workers near their place of work. Yes Commercial speech: Commercial speech is speech for business purposes, usually advertising. Yes, in most cases Core Worksheet 3 Case A 1. against the student 2. Vulgar language at a school assembly is not protected by the 1st Amendment. 3. Answers will vary. Case B 1. against the student 2. Symbolic speech that could disrupt school activities or interfere with the rights of others is not protected. 3. Answers will vary. Case C 1. against the student 2. School authorities may discipline a student for remarks intended to cause injury or fear of harm, even if spoken off school grounds. 3. Answers will vary. Case D 1. for the student 2. None; the student s Web site did not cause disruption of school activities. 3. Answers will vary. Case E 1. against the student 2. The student may not make threats of physical violence. 3. Answers will vary. Case F 1. against the student 2. A student may not express opinions, either in or out of class, that substantially disrupt class, cause disorder, or restrict the rights of others. 3. Answers will vary. Extend Worksheet 3, 4 1. The Supreme Court s decision upheld the right of the Hazelwood School District to censor stories in a school-sponsored student newspaper. The Court s opinion said that public school students do not 259

necessarily have the same rights as do adults in other settings. The student newspaper was not considered by the Court to be a forum for public expression by students. Therefore, the students were not entitled to broad protection by the 1st Amendment. 2. The Hazelwood decision reversed a U.S. Court of Appeals ruling that had upheld the students rights. It also was in contrast to previous decisions across the country that had given student journalists wideranging 1st Amendment rights. 3. The dissenting justices believed the newspaper to be a forum for students to express their views and that the school s censorship could not be defended. 4. Students essays should show evidence of thorough research and careful thought about the issues involved in the case. They should present reasons for their support of or disagreement with the Supreme Court s ruling. Quiz A 1. a 2. f 3. e 4. b 5. d 6. c 7. b 8. c 9. d 10. b Quiz B 1. f 2. e 3. b 4. c 5. a 6. d 7. b 8. c 9. d 10. b CHAPTER 19 Section 4 Reading Comprehension 3 1. It protects the right of people to gather with one another to express their views, to organize to influence public policy, and to bring their views to the attention of public officials by various means. It does not give anyone the right to incite others to violence, block a public street, close a school, or otherwise endanger life, property, or public safety. 2. Civil disobedience is purposely violating the law as a means of expressing opposition to some particular law or public policy. As a general rule, it is not protected by the Constitution. 3. Governments can make reasonable rules covering the time, place, and manner of assemblies. The rules must also be precisely drawn, fairly administered, and content neutral. 4. (a) upheld a law that required a license to hold a parade or procession on a public street (b) overturned convictions for disorderly conduct of demonstrators who had acted peacefully (c) upheld a judge s order directing demonstrators not to block access to an abortion clinic (d) upheld a law that limits sidewalk counseling at abortion clinics 5. No, the rights of assembly and petition do not give people a right to trespass on private property, even to express political views. 6. the right to join with others to promote political, economic, and social causes; National Association for the Advancement of Colored People v. Alabama 7. (a) A person cannot be fired from a job because of political associations. (b) A person cannot be required to disclose his or her political associations to be licensed to practice law. (c) An organization cannot be forced to accept members when that action would contradict what the organization professes to believe. 260

Reading Comprehension 2 1. a. Freedom of assembly protects people s right to assemble in public places in a peaceful way for peaceful purposes. It also protects people s right to petition the government. b. Freedom of assembly does not protect the right of groups to cause riots or interfere with the rights of others. It does not protect the right to assemble near schools or courthouses or on private property. 2. Governments can make rules covering the time, place, and manner of assemblies. The rules must be content neutral. That is, they cannot regulate assemblies on the basis of what might be said. 3. In Gregory v. Chicago, the Supreme Court overturned convictions of demonstrators who had acted peacefully. This limited how much regulation authorities could use to control demonstrators. 4. Freedom of association means citizens may freely associate with others to promote a cause. National Association for the Advancement of Colored People v. Alabama, 1958, upheld that right. 5. The Supreme Court ruled that a state cannot force an organization to accept members if doing so goes against the organization s beliefs. Core Worksheet 3 Scenario 1 Analyze the Case 1. Is the denial of a permit to hold a concert and rally a violation of the band s right to assemble and petition? 2. public; public spaces like parks are considered places of assembly where people can express their political views 3. They feared the concert and rally would draw large crowds and cause conflict with townspeople. They felt they would not have enough police to control the crowd, and public safety would be endangered. 4. Time-place-manner criteria: The concert would be held at night in a public park and would not be likely to disrupt school, but could disrupt traffic. Content neutrality criteria: Town officials say they have based their decision on public safety and crowd control issues; the band says this is an excuse to prevent speech. 5. Town officials: Government can make reasonable rules covering the time, place, and manner of assemblies. The police fear that the rally may not be peaceful. Band members: The group has the right to protest even if its cause is unpopular with some of the people in the town. Refusing the permit to the band violates content neutrality. The town council has given permits to other groups. Reflection Questions 1. Answers will vary. 2. Answers will vary. 3. because the rights of both are essential in a democracy 4. possible answers: through such demonstrations as holding a parade, a march, or a rally; a teach-in for their point of view; boycott the concert Scenario 2 Analyze the Case 1. Do individuals have the right to assemble and petition on private property? 2. Time-place-manner regulations: took place in a private mall. In Lloyd Corporation v. Tanner, 1972, the Court ruled that private property is not considered a place of assembly. A citizen s constitutional right to assemble and petition does not extend to private property. 3. Mall owner: The mall is on private property and is a place of business, not a place of public assembly; citizens do not have a constitutional right to assemble and petition on private property. PAVVG: The mall owner s actions violate their 1st Amendment right to assemble and petition; their actions were peaceful and did not interfere with shoppers or obstruct the flow of traffic; far fewer people will pass by their table outside the shopping mall, limiting the group s effectiveness in finding people to sign their petition. Reflection Questions 1. Answers will vary. 2. Answers will vary. 3. because although the right to petition is a guaranteed freedom, protecting private property is also a right 4. possible answers: calling or writing State legislators, lobbying legislators in the State 261

capital, asking local TV or radio stations to let them speak on air, holding a rally, helping campaign or raise money for political candidates who share their point of view Core Worksheet 2 Scenario 1 Analyze the Case 1. Is the denial of a permit to hold a concert and rally a violation of the band s right to assemble and petition? 2. public; public spaces like parks are considered places of assembly where people can express their political views 3. They feared the concert and rally would draw large crowds and cause conflict with townspeople. They felt they would not have enough police to control the crowd, and public safety would be endangered. 4. Time-place-manner criteria: The concert would be held at night in a public park and would not be likely to disrupt school, but could disrupt traffic. Content neutrality criteria: Town officials say they have based their decision on public safety and crowd control issues; the band says this is an excuse to prevent speech. 5. Town officials: Government can make reasonable rules covering the time, place, and manner of assemblies. The police fear that the rally may not be peaceful. Band members: The group has the right to protest even if its cause is unpopular with some of the people in the town. Refusing the permit to the band violates content neutrality. The town council has given permits to other groups. Reflection Questions 1. Answers will vary. 2. Answers will vary. 3. because the rights of both are essential in a democracy 4. possible answers: through such demonstrations as holding a parade, a march, or a rally; a teach-in for their point of view; boycott the concert Scenario 2 Analyze the Case 1. Do individuals have the right to assemble and petition on private property? 2. Time-place-manner regulations: took place in a private mall. In Lloyd Corporation v. Tanner, 1972, the Court ruled that private property is not considered a place of assembly. A citizen s constitutional right to assemble and petition does not extend to private property. 3. Mall owner: The mall is on private property and is a place of business, not a place of public assembly; citizens do not have a constitutional right to assemble and petition on private property. PAVVG: The mall owner s actions violate their 1st Amendment rights to assemble and petition; their actions were peaceful and did not interfere with shoppers or obstruct the flow of traffic; far fewer people will pass by their table outside the shopping mall, limiting the group s effectiveness in finding people to sign their petition. Reflection Questions 1. Answers will vary. 2. Answers will vary. 3. because although the right to petition is a guaranteed freedom, protecting private property is also a right 4. possible answers: calling or writing State legislators, lobbying legislators in the State capital, asking local TV or radio stations to let them speak on air, holding a rally, helping campaign or raise money for political candidates who share their point of view Quiz A 1. e 2. b 3. c 4. a 5. d 6. f 7. d 8. c 9. b 10. c Quiz B 1. e 2. b 3. c 4. a 5. d 6. f 262

7. d 8. c 9. b 10. b CHAPTER 19 Test A 1. e 2. j 3. a 4. d 5. g 6. i 7. c 8. b 9. h 10. f 11. c 12. b 13. c 14. a 15. d 16. a 17. d 18. b 19. c 20. d Document-Based Question 21. The subject of the cartoon is flag burning, which is a form of symbolic speech. The Supreme Court has twice held that burning the American flag as an act of political protest is expressive conduct protected by the 1st and 14th amendments. In its ruling in Texas v. Johnson, the Court argued that we do not consecrate the flag by punishing its desecration, for in doing so we dilute the freedom that this cherished emblem represents. Critical Thinking 22. Possible response: Yes. The Court has ruled that government may celebrate Christmas, as long as it does not endorse Christian doctrine. A Christmas tree does not keep people from following their own religious beliefs and traditions, and it does not endorse Christian doctrine. Therefore, displaying one does not violate the Establishment Clause. OR: No. The Christmas tree has long been associated with the Christmas celebration in the Christian religion. Therefore, displaying a tree at the State Capitol can be equated with the goverment s favoring the Christian religion, unless other, similar symbols are displayed by the government to celebrate other religions as well. Essay 23. Possible response: Almost every day, the courts deal with cases in which individual rights and freedoms must be balanced with the common good. For example, American citizens are guaranteed the right to free speech, but they cannot be allowed to use their freedom of speech to falsely shout Fire! in a crowded theater and thereby endanger the lives of others. Some cases are simple, but others are far more complex, such as allowing people to freely practice their religion, even if it involves sacrificing animals in a place where animal cruelty is against the law. To balance individual rights with the common good, the judiciary must evaluate each situation on a case-by-case basis, taking into account constitutional principles, established laws, and previous decisions of the Supreme Court and other courts. The general rule throughout the history of the American judiciary has been to allow as much individual freedom as possible without endangering public safety or property or limiting the freedoms of others. Test B 1. c 2. j 3. f 4. b 5. e 6. i 7. a 8. g 9. h 10. d Multiple Choice 11. c 12. a 13. c 263

14. a 15. d 16. a 17. d 18. b 19. d 20. c Document-Based Question 21. (a) The subject of the cartoon is flag burning, which is a form of symbolic speech. (b) The Supreme Court has held that burning the American flag as an act of political protest is conduct protected by the 1st and 14th amendments. Critical Thinking 22. Possible response: Yes, the state government should be able to display a Christmas tree. The Establishment Clause prohibits the government from supporting any one religion. However, it is legal for religion to be recognized in government. For example, sessions of Congress use a prayer to open their sessions. The Court has ruled that nativity scenes and other seasonal items could be displayed during Christmas. A Christmas tree does not keep people from following their own religious beliefs and traditions, and it does not endorse Christian doctrine. Therefore, displaying one does not violate the Establishment Clause. Essay 23. Possible response: Almost every day the courts deal with cases in which individual rights and freedoms must be balanced with the common good. For example, American citizens are guaranteed the right to free speech. However, citizens cannot be allowed to use their freedom of speech to falsely shout Fire! in a crowded theater. Some cases are simple. Deciding other cases is far more complex. For example, should people freely practice their religion, even if it involves sacrificing animals in a place where animal cruelty is against the law? To balance individual rights with the common good, the judiciary must evaluate each situation on a case-by-case basis. The courts take into account constitutional principles, established laws, and previous court decisions. The general rule throughout the history of the American judiciary has been to allow as much individual freedom as possible without endangering public safety or property or limiting the freedoms of others. CHAPTER 20 Prereading and Vocabulary 2 1. Syllables: dis crim i na tion Part of speech: noun Definition: unfair treatment or attitude toward others 2. Syllables: ex clu sion ar y rule Part of speech: noun Definition: legal rule that keeps illegally obtained evidence from being used in court 3. Syllables: prob a ble cause Part of speech: noun Definition: reasonable suspicion that a person has committed a crime 4. Syllables: pro ce dur al due pro cess Part of speech: noun Definition: use of fair legal procedures and methods 5. Syllables: search war rant Part of speech: noun Definition: authorization given by a court allowing a search to be made 6. discrimination, procedural due process, probable cause, search warrant, exclusionary rule Chapter Outline 2 I. Section 1: Due Process of Law A. What is Due Process? 1. 5th 2. Substantive, Procedural B. Police Power and the Right to Privacy 1. health, safety, and welfare 2. privacy II. Section 2: Freedom and Security of the Person A. The 13th Amendment 1. slavery, involuntary servitude 2. discrimination B. The Right to Keep and Bear Arms 2nd, militia C. Security of Home and Person 1. 4th, illegal 2. probable cause D. The Exclusionary Rule 264

1. illegal search 2. USA Patriot III. Section 3: Rights of the Accused A. Protecting the Accused 1. innocent 2. habeas corpus 3. attainder, ex post facto 4. 5th, grand jury 5. double jeopardy B. Trials 1. 6th, speedy, public 2. reasons, witnesses 3. self-incrimination 4. Miranda IV. Section 4: Punishment A. Before Trial 1. Bail 2. preventative B. Punishment 1. cruel, unusual 2. Capital C. Treason enemies, federal CHAPTER 20 Section 1 Reading Comprehension 3 1. the 5th and 14th amendments 2. The government must act fairly and in accord with established rules. 3. Procedural due process has to do with the how (the procedures, the methods) of governmental action, while substantive due process involves the what (the substance, the policies) of governmental action. 4. The Supreme Court has purposely refused to give an exact definition of due process. It defines due process on a case-by-case basis. 5. the police power 6. a court order authorizing a search 7. a. Any one of the following: limiting the sale of alcoholic beverages and tobacco, making laws to combat pollution, requiring the vaccination of school children b. Any one of the following: regulating the carrying of concealed weapons, requiring the use of seat belts, punishing drunk drivers c. Any one of the following: regulating gambling, outlawing the sale of obscene materials and the practice of prostitution d. Any one of the following: enacting compulsory education laws, limiting the profits of public utilities 8. Griswold v. Connecticut, 1965 9. In Roe v. Wade, the Supreme Court held that the 14th Amendment s right of privacy encompasses a woman s decision about whether or not to terminate her pregnancy. Reading Comprehension 2 1. (a) Definition: Due process means that the government must act fairly and follow established rules. (b) The 5th Amendment and the 14th Amendment both deal with due process rules. (c) Procedural due process means the government must use fair procedures and methods. (d) Substantive due process means that the government must create fair policies and laws. 2. The police power gives states the right to protect the health, safety, and welfare of citizens. 3. A search warrant is a court order authorizing a search. 4. Students must list one example in each column. Examples follow: Health Limit the sales of alcohol and tobacco Require children to be vaccinated Morals Regulate gambling Outlaw obscene materials Outlaw prostitution General Welfare Pass education laws Limit profits of public utilities Help the needy 5. Roe v. Wade Core Worksheet A 3 1. notice 2. evidence 3. evidence 4. evidence 5. hearing 6. hearing 265

7. Possible response: Yes. Baker received notice, evidence was collected, and Baker received a jury trial. 8. evidence 9. evidence 10. hearing 11. notice 12. Possible response: Failure to follow due process can result in a wrongful conviction. Core Worksheet B 3 1. a. school principal b. general welfare; The student was interfering with the rights of other students to an education. 2. a. director of a veterans hospital b. health; The worker endangered the health of patients and other workers. 3. a. business owner b. safety; The skateboarding teenager could hurt pedestrians on the sidewalk. 4. a. undercover police b. morals; The dog-fighting operators violated a law, which was likely enacted because the legislature determined that dog fighting is inappropriate in civilized society. Those betting were participating in illegal gambling. 5. a. environmental agency b. general welfare; The spill harmed the economic interests of several groups. 6. because the government s interest is in protecting the welfare of all citizens and the common good 7. Due process requires government to use fair and established laws and procedures to address the concerns or grievances of individuals through the courts. Quiz A 1. c 2. a 3. e 4. b 5. f 6. d 7. a 8. b 9. c 10. b Quiz B 1. b 2. d 3. e 4. a 5. f 6. c 7. a 8. b 9. a 10. c CHAPTER 20 Section 2 Reading Comprehension 3 1. the 13th Amendment 2. Yes, the 13th Amendment does not forbid the draft, and those who are convicted of crimes can be imprisoned and forced to work. 3. In Jones v. Mayer, the Supreme Court upheld the Civil Rights Act of 1866 and declared that the 13th Amendment gave Congress the power to abolish the badges and incidents of slavery (discrimination). 4. to preserve a well regulated militia 5. protection from forced quartering (housing) of soldiers in private homes 6. to prevent the use of writs of assistance blanket search warrants with which British customs officials had invaded private homes to search for smuggled goods 7. It prohibits police officers from illegally searching for evidence or illegally seizing either evidence or persons. Except in special circumstances, officers must have a proper warrant. 8. They must have probable cause, or a reasonable suspicion of crime. 9. Evidence gained as the result of an illegal act by police cannot be used at the trial of the person from whom it was seized. 10. Weeks v. United States; Mapp v. Ohio 11. a. Yes b. No c. No d. No e. No f. No g. Yes 266

12. a. when the evidence would have been discovered inevitably by lawful means b. when the evidence was seized after police failed to knock-and-announce c. when a warrant is faulty, but officers acting with good faith obtained the warrant and acted within its scope d. when a warrant is obtained, but an honest mistake is made and the wrong location is searched 13. Yes, the Supreme Court has held that drug testing programs can be conducted without warrants or even any indication of drug use by those who must take the tests. 14. The USA Patriot Act provides for sneakand-peek searches that allow federal agents, with a warrant, to enter a person s home or office when no one is present and conduct a search, without notifying the person who is the subject of the search until weeks or even months later. 15. only if a proper warrant is obtained before installing a listening device Reading Comprehension 2 1. The 13th Amendment outlawed slavery and involuntary servitude. 2. In 1867, it became illegal to force someone to work to fulfill a contract or pay off a debt. 3. Discrimination means treating people unfairly because of their race, sex, age, religion, or physical condition. 4. In 1968, the Court decided that private persons did not have the right to discriminate against people based on race. 5. The British tried to take weapons away from the American colonists during the Revolutionary War. 6. The 3rd Amendment was important to colonists because in colonial days, the British forced colonists to keep British soldiers in their homes. The 3rd Amendment protects citizens from this. 7. The 4th Amendment protects citizens against unlawful searches and seizures. It makes it illegal, in most cases, for the government to search a home without good reason. 8. Police must have probable cause, or the real suspicion of a crime, in order to obtain a search warrant. 9. The exclusionary rule keeps evidence gained as the result of an illegal act by police from being used in court. 10. Drug testing programs are allowed under the 4th Amendment. The Supreme Court has held that drug testing programs can be conducted without a warrant. The cases have involved drug enforcement officers, railroad workers, and student athletes. Wiretapping and other forms of electronic eavesdropping are allowed if a search warrant is obtained before installing a listening device. 11. The USA Patriot Act allows investigators to enter a person s home or office when no one is there and conduct a search without notifying the person who is the subject of the search. Secret searches may continue for months. 12. The Patriot Act was passed to give the government new powers to investigate suspected terrorists in the wake of the terrorist attacks of September 11, 2001. Core Worksheet 3 1. Florida v. J.L., 2000: Court ruled against the police because they did not have a proper warrant or probable cause; they had only an anonymous tip unsupported by other evidence. Supports. Answers will vary. 2. Minnesota v. Carter, 1999: Court upheld police search and seizure. The police did not need a warrant because evidence was in plain view. Limits. Answers will vary. 3. California v. Acevedo, 1991: Court upheld search and seizure of vehicles. When police lawfully stop a car, they do not need a warrant to search anything in the vehicle that they believe holds criminal evidence. Limits. Answers will vary. 4. Carroll v. United States, 1925: When seizure is impossible except without a warrant (in a movable crime scene), police are acting illegally unless an officer can show the court probable cause. Supports. Answers will vary. 5. Illinois v. Caballes, 2005: In a traffic stop, police do not need a warrant to use a trained dog to search the outside of a car for drugs, even if they have no reason to believe there is anything illegal in the car. Limits. Answers will vary. 267

Critical Thinking 1. Justices have basic differences in their beliefs about what the role of the judiciary should be in balancing efficient law enforcement and society s protection from criminals against individuals constitutional rights. 2. Students must know how to protect their 4th Amendment rights as civilians as well as how to follow the correct due process procedures as potential law enforcement officers. Skills Worksheet 3 1. Key provisions include expanding the ability of federal officials to search telephone and e-mail communications and medical, financial, and other records; taking steps to close U.S. borders to foreign terrorists and to detain and remove terrorists within our borders; creating new crimes and penalties; and allowing new tactics for use against terrorists. Critics claimed that the act threatened civil liberties by permitting the government to investigate American citizens without probable cause; by allowing the government to spy on organizations and individuals without evidence of wrongdoing; and by detaining non-citizens indefinitely on suspicion of crime. 2. Answers will vary, but students should identify at least two possible options and explain the advantages and disadvantages of each. 3. Answers will vary. Students should explain what the outcomes or consequences of the options might be. 4. Answers will vary. Students should provide reasons for their decisions. 5. Answers will vary. Students should support their views with logical arguments. Skill Activity 2 1. (a) Key provisions of the act include expanding the ability of federal officials to search telephone and e-mail communications and medical, financial, and other records; taking steps to close U.S. borders to foreign terrorists and to detain and remove those within our borders; creating new crimes and penalties; and allowing new tactics for use against terrorists. (b) National security and the vital importance of apprehending terrorists before they harm Americans are the major arguments in favor of the act. Critics of the act claim that it threatens civil liberties. 2. Answers will vary, but students should identify at least two possible options and explain the advantages of each. 3. Answers will vary. Students should explain what the outcomes or consequences of the options might be. 4. Answers will vary. Students should provide reasons for their decisions. 5. Answers will vary. Students should support their views with logical arguments, but their answers should show an understanding that both national security and civil liberties are essential to democratic government and thus an understanding of the difficulty of the choice facing members of Congress as they voted on the Patriot Act. Extend Worksheet 3, 4 1. Possible responses: Agree: The actions of the assistant principal lacked probable cause because they were based largely on his first search of her purse. He violated T.L.O. s privacy rights in conducting both searches, making the evidence he obtained tainted. This evidence should not have been allowed in her trial. Disagree: The school official s actions were reasonable after he had seen cigarette papers in T.L.O. s purse and suspected she had some involvement with drugs. 2. Answers will vary, but students should use evidence in the case and the decisions of the lower courts to support their opinions. Quiz A 1. c 2. b 3. e 4. a 5. d 6. f 7. a 8. a 268

9. d 10. c Quiz B 1. d 2. b 3. f 4. a 5. e 6. c 7. a 8. a 9. d 10. c CHAPTER 20 Section 3 Reading Comprehension 3 1. a court order directing a prisoner to be brought before the court and commanding that the holding officer must show cause for not releasing the prisoner; it is guaranteed against the National Government in Article 1, Section 9 of the Constitution 2. a legislative act that provides for the punishment of a person without a court trial; the constitutional ban on bills of attainder tells legislative bodies to be lawmakers, not judges; a legislative body cannot pass a law that declares a person guilty of a crime and provide for his or her punishment 3. a. It is a criminal law. b. It applies to an act committed before its passage. c. It works to the disadvantage of the accused. 4. a. the formal device by which a person can be accused of a serious crime b. a formal complaint that the prosecutor lays before a grand jury c. a formal accusation brought by the grand jury on its own motion d. an affidavit in which the prosecutor swears that there is enough evidence to justify a trial e. part of the 5th Amendment that says that no person can be put in jeopardy of life or limb twice; in other words, a person cannot be tried twice for the same crime f. a trial in which a judge alone hears the case 5. Right to a grand jury, 5th Amendment Prohibition against double jeopardy, 5th Amendment Right to a speedy and public trial, 6th Amendment Right to trial by an impartial jury, 6th Amendment Right to adequate defense, 6th Amendment Guarantee against self-incrimination, 5th Amendment 6. constitutional rights that police must read to a suspect before questioning Reading Comprehension 2 1. Writ of habeas corpus Definition: a court order that directs officers to bring a prisoner before the court and explain why the prisoner should not be released Guaranteed or not allowed? guaranteed Bill of attainder Definition: a legislative act that inflicts punishment on a person without a court trial Guaranteed or not allowed? not allowed Ex post facto law Definition: a criminal law that applies to a crime committed before the law was passed Guaranteed or not allowed? not allowed 2. According to federal law, a person must go before a grand jury in federal district court when accused of a serious federal crime. The grand jurors decide if there is enough evidence for a trial. The process is different for the states. They use an information to bring criminal cases to trial. This means that the prosecutor swears that there is enough evidence to hold a trial. 3. If a jury cannot reach a verdict, it is the same as if there had been no trial. The defendant can be tried again for the same crime. In such cases, the guarantee against double jeopardy does not apply. 4. The Supreme Court uses these four guidelines: length of the delay; reasons for the delay; harm caused by the delay; and 269

whether the accused asked for a speedy trial. 5. The protection against selfincrimination is written in the 5th Amendment. It means that no person can be forced to be a witness against him or herself. It is the prosecution s job to prove the defendant s guilt in a criminal case. 6. Right to a grand jury: 5th No double jeopardy: 5th Right to a speedy and public trial: 6th Right to trial by an impartial jury: 6th Right to an adequate defense: 6th No self-incrimination: 5th Core Worksheet A 3 1. The government argued that separation of powers required federal courts to practice restraint during wartime because the executive and legislative branches are organized to supervise the conduct of overseas conflict in a way that the judiciary simply is not. 2. She states that initial captures on the battlefield need not receive the process we have discussed here; that process is due only when the determination is made to continue to hold those who have been seized. 3. Congress 4. Possible answers: No; they do not deserve due process rights because of the seriousness of their crime. They have violated national security in a time of declared war and are a threat to the country as a whole. If they are fighting against the United States, they must also be fighting against U.S. rights, and so should not be given those rights. Yes; all U.S. citizens accused of crimes are entitled to due process. The existing courts try cases of spying and treason. A U.S. citizen held as an enemy combatant is essentially being accused of treason and so should be guaranteed a trial through due process procedures already in place for such an accusation. Core Worksheet B 3 1. Does the Supreme Court have the exclusive power to interpret the Constitution, or can the Court s decisions be overruled by an act of Congress? 2. Answers will vary, but students should provide reasons for their opinions. 3. Possible answers: Yes; many Americans have little knowledge of their rights if accused of a crime. Telling people accused of crimes what their rights are decreases the likelihood of questionable practices or abuse of police powers and encourages police officers to obtain evidence independently. Miranda warnings clearly outline the procedures that police officers must follow and help to ensure that confessions are voluntary and will not later be suppressed because they were coerced. No; Miranda warnings may make it more difficult and time-consuming for police to solve crimes. The failure of police officers to give Miranda warnings or the improper giving of these warnings sometimes allows the guilty to go free. Core Worksheet A 2 1. The government argued that separation of powers limited federal courts during wartime, because the executive and legislative branches, not the judiciary, should be allowed to decide how wars are conducted. 2. When people are first captured on the battlefield, they do not have a right to the process. But if they continue to be held, they must be given this right. 3. Congress 4. Possible answers: No; they do not deserve due process rights because of the seriousness of their crimes. They have violated national security in a time of declared war and are a threat to the country as a whole. If they are fighting against the United States, they must also be fighting against U.S. rights and so should not be given those rights. Yes; all U.S. citizens accused of crimes are entitled to due process. The existing courts try cases of spying and treason. A U.S. citizen held as an enemy combatant is essentially being accused of treason and so should be guaranteed a trial through due process procedures already in place for such an accusation. 270

Core Worksheet B 2 1. Does the Supreme Court have the exclusive power to interpret the Constitution, or can the Court s decisions be overruled by an act of Congress? 2. Possible answers: No; the Supreme Court has a better understanding of the laws than either Congress or the States. Yes; giving one branch of the government supreme power over the others harms the separation of powers, the needed checks and balances of governmental operation. 3. Possible answers: Yes; many Americans have little knowledge of their rights if accused of a crime. Telling accused people what their rights are decreases the likelihood of questionable practices or abuse of police powers and encourages police officers to obtain evidence independently. Miranda warnings clearly outline the procedures that police officers must follow and help ensure that confessions are voluntary and will not later be suppressed because they are coerced. No; Miranda warnings may make it more difficult and time-consuming for police to solve crimes. The failure of police officers to give Miranda warnings or the improper giving of these warnings sometimes allows the guilty to go free. Quiz A 1. c 2. d 3. b 4. f 5. e 6. a 7. b 8. b 9. c 10. c Quiz B 1. b 2. d 3. f 4. c 5. e 6. a 7. b 8. b 9. c 10. c CHAPTER 20 Section 4 Reading Comprehension 3 1. to guarantee that the person will appear in court at the proper time; it is considered excessive when it is set at a figure higher than the amount reasonably calculated to assure a defendant s appearance at a trial. 2. when there is good reason to believe that the person will commit another serious crime before trial 3. a. No b. Yes c. No d. No e. Yes f. No 4. a. No b. Yes c. No d. No e. No 5. (1) levying war against the United States, or (2) adhering to their Enemies, giving them Aid and Comfort Reading Comprehension 2 1. Bail paid to the court is meant to guarantee that the person will show up for the trial. 2. A judge can use preventative detention to hold an accused person if the judge believes that the person may commit another crime if released. 3. The 8th Amendment forbids cruel and unusual punishment. 4. a. no b. yes c. no d. no e. no 5. Treason is the crime of either making war against the United States or giving aid to enemies of the United States. Core Worksheet A 3 1. Possible answers: Yes, it is useful to see the options and alternatives other countries 271

have used to solve similar problems. No, it is not appropriate. The U.S. Constitution and the long history of constitutional interpretation and legal precedent are what the justices should rely on, because these sources reflect the principles and values of American society. 2. Sandra Day O Connor. She says the justices must have a clearer showing that our society truly has set its face against this practice. 3. Answers will vary, but students should support their opinions by citing specific statements in the justices opinions. Core Worksheet B 2, 3, 4 Editorial A 1. Juveniles should not be given the death penalty. 2. As society has come to believe that it is wrong to execute the mentally retarded, it is also wrong to execute juveniles; minors are less able to reason than adults and should be treated differently from adults; the execution of juveniles isolates the United States from the international community. 3. Supreme Court ruling on mentally retarded; opinion of religious, medical, and psychiatric groups that juveniles do not have same reasoning capacities as adults; briefs from the EU and other nations 4. Answers will vary. Editorial B 1. The death penalty should be decided by State legislatures, not by the Supreme Court. 2. No national consensus exists on whether the death penalty is cruel and unusual punishment; the Court has made rulings that contradict each other: killers under age 18 are not mature enough to make moral judgments, but girls under age 18 are mature enough to make decisions about abortion; the Court has selectively used foreign opinion to argue U.S. law. 3. Only 18 States have rules prohibiting the execution of people who were minors when they committed murder; cites past Court decisions on abortions for teenage girls; cites sections of the UN Convention on the Rights of the Child that conflict with State standards. 4. Answers will vary. Editorial C 1. The death penalty for all offenders, including juveniles, should be abolished. 2. A national consensus exists against the execution of teens; teenagers do not understand the nature of their crimes; the death penalty does not fit in a civilized society. 3. A decision to eliminate the death penalty for teen offenders is a logical step forward after the earlier Court decision on the mentally retarded; cites Missouri Supreme Court ruling, statistics on number of executions of teen offenders, and evidence that brains of teenagers are still changing. 4. Answers will vary. Editorial D 1. Whether or not the death penalty for minors is cruel and unusual punishment should not be decided by the Court, but by State legislatures and voters. 2. The majority cited only social science evidence that supported its opinion and not evidence that contradicted it; the majority substituted its own opinion for that of legislatures, voters, and juries. 3. The American Psychological Association had taken exactly the opposite position on the moral responsibility of minors for their decisions in a previous case; 20 states have laws that allow the death penalty to be applied to 16- and 17-year-olds. 4. Answers will vary. Quiz A 1. a 2. e 3. b 4. c 5. f 6. d 7. a 8. c 9. c 10. b Quiz B 1. a 2. d 272

3. b 4. c 5. e 6. f 7. a 8. c 9. b 10. c Landmark Decisions of the Supreme Court 3, 4 1. The 5th Amendment gives a criminal suspect the right to refuse to be a witness against himself ; the 6th Amendment guarantees defendants the right to an attorney. 2. a forced or compelled confession (or one not given freely); the police from adequately protecting the public 3. Student responses will vary depending on the case they summarize. Analyzing Political Cartoons The Miranda rights must be read to suspects as soon as they are restrained or taken into custody and before interrogation. Landmark Decisions of the Supreme Court 2 1. The 5th Amendment gives a criminal suspect the right to refuse to be a witness against himself. That means a witness has a right to be silent during questioning. The 6th Amendment guarantees defendants the right to a lawyer. 2. (a) Justice Warren believes that reading a suspect the Miranda rights will prevent a confession that is not given freely. (b) Justice Harlan believes the Miranda ruling will prevent the police from adequately protecting the public. 3. (a) Based on his own statement, the citizen has not committed a crime. (b) Possible answer: It appears the citizen wants to be reassured that his rights are intact. (c) Possible answer: The cartoonist could be questioning whether the Miranda ruling is effective. The cartoonist could also be questioning the lasting impact of the Miranda ruling in light of later Supreme Court decisions that found exceptions to it. CHAPTER 20 Test A 1. e 2. b 3. h 4. f 5. j 6. a 7. g 8. i 9. d 10. c Multiple Choice 11. a 12. c 13. c 14. b 15. a 16. c 17. d 18. b 19. d 20. a Document-Based Question 21. Possible response: Pyle s reference to high powered search engines implies that government, law enforcement, and even corporations are secretly invading people s privacy through electronic eavesdropping of their communication lines computers, cell phones, and so on. He implies that this invasion into privacy is done without legal brakes, or without properly obtained search warrants. The 4th Amendment protects people, their homes, and their papers and effects against unreasonable searches and seizures. It also requires law enforcement to have a search warrant, obtained with probable cause, before searching a place or person. Critical Thinking 22. Sample response: A judge can bar spectators who seek to disrupt a courtroom. A judge can also ask spectators to leave when the expected testimony may be embarrassing to a witness or a third party. Although the 6th Amendment guarantees a defendant the right to a public trial, a judge needs to balance a defendant s right to a public trial with his or her right to a 273

fair trial. Limiting the number or kinds of spectators may be necessary to ensure a fair trial. Essay 23. A good answer will note that courts have been instrumental in protecting the rights of privacy, security, and personal freedom. For example, the Supreme Court has found that the constitutional guarantees of due process create a right to privacy the right to be let alone, as the Court put it in Stanley v. Georgia, 1969. Although the Constitution makes no specific mention of a right to privacy, the Supreme Court declared the existence of this right in Griswold v. Connecticut, 1965. Students may indicate that court rulings based on the 4th Amendment have protected security of home and person. Time and time again, the Supreme Court has ruled that the police have no general right to search for evidence or enter peoples homes; they must have a warrant obtained with probable cause (a reasonable suspicion of crime) to do so. Court findings involving the exclusionary rule further protect individuals against unjust loss of liberty. The Court has also protected Americans rights to personal freedom in other ways. For example, it has ruled that the 13th Amendment gives Congress the power to abolish the badges and incidents of slavery, or forms of racial discrimination that limit personal freedom. Test B 1. f 2. b 3. c 4. g 5. j 6. a 7. i 8. h 9. e 10. d Multiple Choice 11. c 12. c 13. b 14. a 15. c 16. d 17. a 18. a 19. b 20. d Document-Based Question 21. (a) Possible response: The 4th Amendment protects people, their homes, and their papers and effects against unreasonable searches and seizures. It also requires law enforcement to have a search warrant, obtained with probable cause, before searching a home or business. (b) The author s reference to high powered search engines implies that government, law enforcement, and even corporations are secretly invading people s privacy electronically through communication lines that is, computers, cell phones, and so on. He implies that this invasion of privacy is done without legal brakes, or without getting search warrants. Critical Thinking 22. Although the 6th Amendment guarantees a defendant the right to a public trial, a judge needs to balance a defendant s right to a public trial with his or her right to a fair trial. Limiting the number or kinds of spectators may be necessary to ensure a fair trial. Essay 23. The courts have strongly protected the rights of privacy, security, and personal freedom. For example, the Supreme Court has found that the constitutional guarantees of due process imply a right to privacy. The Court upheld this right even though the Constitution does not mention the right to privacy in so many words. Court rulings based on the 4th Amendment have protected the security of the home and person. The Supreme Court has ruled that the police have no right to search for evidence or enter homes without a warrant. They can obtain the warrant only with probable cause, or a reasonable suspicion of a crime. The exclusionary rule further protects individuals against unlawful searches and seizures. The Court has also ruled that the 14th Amendment protects individuals from wiretapping, electronic eavesdropping, and videotaping without a warrant. 274

CHAPTER 21 Prereading and Vocabulary 2 1. Quota comes from the Latin phrase quota pars, which means how great a part. Quota means a part, share, or portion of something. 2. A refugee is a person who flees to a safer place. 3. Hetero- means different and genos means kind. The word heterogeneous means different kinds. 4. deportation illegal immigrant; to his country of birth 5. segregation different races attended different schools 6. citizen born in New York 7. Affirmative action hire more minorities Chapter Outline 2 I. Section 1: Diversity and Discrimination A. A Diverse Society 1. heterogeneous 2. Immigrants, aliens B. Racial Discrimination 1. race-based 2. Native 3. Hispanic 4. Asian C. Discrimination Against Women women II. Section 2: Equality Before the Law A. The Equal Protection Clause 1. 14th, due, equal 2. rational, strict B. Segregation 1. Jim Crow 2. white, African American 3. de jure, de facto C. Gender Discrimination 1. Classification 2. discriminate III. Section 3: Federal Civil Rights Laws A. The History of Civil Rights 1. Civil Rights 2. Open Housing 3. Title IX B. Affirmative Action 1. females, minority groups 2. race 3. Equal Protection IV. Section 4: American Citizenship A. Citizenship 1. naturalization 2. Denaturalization B. Immigration 1. Immigration Act 2. deportation 3. Undocumented CHAPTER 21 Section 1 Reading Comprehension 3 1. a. composed of dissimilar parts b. aliens legally admitted as permanent residents c. public land set aside by government for use by Native American tribes d. one who leaves a country to seek protection from war, persecution, or some other danger e. the process by which people of one culture merge into and become part of another culture 2. Immigrants have arrived in near-record numbers every year since the mid-1960s. Over that period, the nation s African American, Hispanic American, and Asian American populations have grown at rates several times that of the white population. 3. African Americans: Contribution: spearheaded civil rights movement Native Americans: Contribution: original inhabitants of the U.S. Hispanic Americans: Contribution: now the largest minority group in the U.S. Asian Americans: Contribution: live in every part of the U.S.; majority of population in Hawaii 4. a. requires employers to pay men and women the same wages if they perform the same jobs in the same establishment under the same working conditions b. prohibits job discrimination based on sex 5. Any three of the following: the male work force is, overall, better educated and has more job experience than the female work force; women put their careers on hold to have children or work reduced hours to juggle child-care responsibilities; a glass ceiling of discrimination prevents 275

women from rising to their full potential; until recently, women were limited to a fairly narrow range of jobs; women were encouraged not to work outside the home once they married; more than three fourths of all jobs held by women are in low-paying clerical and service occupations. Reading Comprehension 2 1. heterogeneous: Heterogeneous means different kinds. A heterogeneous society is made up of different kinds of people. immigrant: An immigrant is a citizen of a foreign country admitted to the United States as a legal resident. assimilation: Assimilation is the process by which people of one culture become part of another. 2. African Americans: slaves; Civil War; discrimination; second largest minority group Native Americans: about one million once lived here; died from disease and war; 2.8 million live in the United States; reservations Hispanic Americans: Spanish-speaking background; the largest minority group Asian Americans: laborers in the 19th century; immigration restricted for 80 years; fastest growing minority group 3. Any two of the following are acceptable: women are less likely to work fulltime, are more likely to take periodic leave, may have less education, may be less experienced, and may suffer discrimination in the workplace. Core Worksheet 3 African Americans: Event(s): slavery, Civil War, civil rights movement Policies/Laws: 13th Amendment, 1865; Civil Rights Act of 1964; Voting Rights Act of 1965 Effect(s): 13th Amendment ended slavery. De jure segregation prohibited. Native Americans: Event(s): westward expansion of United States Policies/Laws: forced removal from ancestral lands; relocation to reservations Effect(s): disease; poverty, joblessness, and alcoholism plague many reservations; low life expectancy; high infant mortality rate Hispanic Americans: Event(s): more than half of all Hispanics in U.S. either born in Mexico or trace ancestry there; Puerto Ricans have come to the U.S. from the island of Puerto Rico; Cuban Americans have fled the Castro dictatorship in Cuba; refugees have emigrated from Central and South America, many as refugees Policies/Laws: Hispanic American refugees to the U.S. have sought protection from Federal Government Effect(s): today, Hispanic Americans are largest minority group in U.S.; Hispanic American population is spreading through much of U.S. Asian Americans: Event(s): Chinese workers brought here in the 1850s 1860s to mine and build railroads; Japanese bomb Pearl Harbor, 1941 Policies/Laws: Chinese Exclusion Act of 1882; Japanese Americans evacuated from Pacific Coast to inland relocation camps; apology and reimbursement years later; policies on Asian immigration changed in 1965. Effect(s): violent attacks on Chinese contract laborers; Chinese immigration halted; new policy greatly increased immigration from Asian countries. 1. Mixed. In some cases, the President s or lawmakers concerns about economic, security, or other issues have outweighed concerns about the treatment of minorities. In other cases, the government has passed laws that have reduced or ended discrimination. 2. Possible answer: Because racial and ethnic prejudice has been an ongoing issue in American history, the fact that minority groups are growing in population may lead to even more struggles by those groups to end social, political, and economic discrimination. 3. Answers will vary, but students might mention the Court s primary role in determining the constitutionality of the laws passed by Congress and State governments, its role in determining whether the rights of citizens to equal protection under the law have been violated, and whether anti-discrimination laws have been too narrowly or broadly written or properly enforced. 4. The passage of these laws by Congress in the 1960s reflected growing public 276

acceptance of the need for legal safeguards to protect the rights of African Americans. Quiz A 1. a 2. e 3. c 4. f 5. b 6. d 7. a 8. d 9. b 10. b Quiz B 1. b 2. f 3. d 4. a 5. c 6. e 7. a 8. d 9. b 10. b CHAPTER 21 Section 2 Reading Comprehension 3 1. a. 14th Amendment b. 5th Amendment 2. No, the government must have the power to classify and to draw distinctions among persons and groups in order to regulate human behavior. However, it cannot discriminate unreasonably. 3. a. the rational basis test b. It asks: Does the classification in question bear a reasonable relationship to the achievement of some proper governmental purpose? 4. a. A State must be able to show that some compelling governmental interest justified the distinctions it has drawn between classes of people. b. It applies when a case deals with (1) such fundamental rights as the right to vote, the right to travel between States, or 1st Amendment rights; or (2) such suspect classifications as those based on race, sex, or national origin. 5. the separation of one group from another on the basis of race 6. racial segregation laws aimed at separating African Americans and other minorities from whites 7. by creating the separate-but-equal doctrine; It ruled that a Louisiana law requiring segregation in railroad coaches did not violate the Equal Protection Clause because the separate seating provided for African Americans was equal to the seating provided for whites. 8. a. chipped away at the separate-but-equal doctrine by requiring that Missouri either admit Gaines to the State s one law school or establish a separate-but-equal school for him b. insisted on the equality of separate education facilities for African American university students c. reversed Plessy v. Ferguson; ruled that separate educational facilities are inherently unequal d. forbade the use of federal funds to aid any State or local activity in which racial segregation is practiced and directed the Justice Department to file suits to prompt desegregation actions e. hastened the process of desegregation by ruling that the continued operation of segregated schools under a standard allowing for all deliberate speed was no longer constitutionally permissible f. sanctioned busing as a means of increasing the racial mix in school districts g. outlawed segregation in public swimming pools and all other public recreational facilities h. outlawed segregation in local transportation i. outlawed segregation in State prisons and local jails j. struck down all State miscegenation laws 9. a. De jure segregation is segregation authorized by law, whereas de facto segregation is segregation that exists in fact, even if no law requires it. b. De facto segregation is still present in some places today. 277

10. It reflected society s long-held view of the proper role of women. Most laws that treated men and women differently were intended to protect the weaker sex. 11. a. struck down an Idaho law that gave fathers preference over mothers in the administration of their children s estates b. forbade States from excluding women from jury service c. found unconstitutional the practice of refusing to admit women to the citizensoldier program of a public institution d. upheld a Florida law that gives an extra property tax exemption to widows, but not to widowers e. upheld an Alabama law forbidding women to serve as prison guards in allmale penitentiaries f. upheld a federal selective service law that requires only men to register for the draft and excludes women from any future draft 12. No, classification by gender in and of itself is not unconstitutional. However, laws that treat men and women differently must serve an important governmental objective and must be substantially related to achieving that goal. Reading Comprehension 2 1. The Equal Protection Clause is part of the 14th Amendment. It prohibits any state from depriving anyone of life, liberty, or property without due process of the law or equal protection of the laws. 2. No, discrimination that is reasonable is allowed. For example, criminals are treated differently than other citizens. 3. The rational basis test is a standard that courts use when making decisions in cases that challenge discrimination. It asks this question: Does the action of the government achieve a legitimate governmental purpose? 4. The strict scrutiny test is a higher standard used by courts in discrimination cases. It considers fundamental rights as found in law or the Constitution. 5. segregation: Segregation is the separation of one group of people from another. integration: Integration is the process of bringing a group of people into the mainstream of society. 6. Jim Crow laws separated people on the basis of race. They were passed in the late 1800s. 7. In the Plessy v. Ferguson decision, the Supreme Court found that a Louisiana law requiring rail coaches to be segregated was constitutional. This made it legal to segregate people based on the separatebut-equal doctrine. 8. In Brown v. Board of Education of Topeka, the Supreme Court struck down laws requiring separate-but-equal schools for white and African American students. It made segregated schools illegal. 9. De jure segregation is segregation by law. De facto segregation is segregation that exists but is not required by law. 10. The 19th Amendment made it illegal to deny the right to vote on account of sex (gender). 11. The Court struck down the practice of barring women from state-run military schools and a law that prevented women from joining community service clubs. 12. Either of the following is acceptable: The Supreme Court upheld a law that prevented women from becoming prison guards in male prisons; the Supreme Court upheld the all-male draft law. Core Worksheet 3 1. students; school segregation 2. School desegregation is moving at a slow and difficult pace. 3. Students should infer that the cartoonist favored integration and was pointing out the difficulty in achieving it. The children face a large obstacle to achieving their goal, but they are slowly overcoming it despite their size and the height of the barrier. 4. Possible responses: Yes; the cartoon suggests that little by little the door is being pushed open by the children and they are getting into the schoolroom. No; the barrier to desegregation is just too large. Extend Worksheet 3, 4 1. 13th and 14th amendments 2. that the Supreme Court found that it is competent for a state to regulate the 278

enjoyment by citizens of their civil rights solely upon the basis of race 3. the arbitrary separation of citizens, on the basis of race 4. race hate; conflict of races; feelings of inferiority, and degradation 5. Warren acknowledges and then moves away from the tangible, equal facilities to the intangible effects of segregation on public education. Quiz A 1. d 2. b 3. e 4. a 5. f 6. c 7. b 8. a 9. b 10. d Quiz B 1. d 2. b 3. e 4. a 5. f 6. c 7. b 8. a 9. b 10. d CHAPTER 21 Section 3 Reading Comprehension 3 1. a. discrimination in access to public accommodations, such as hotels, motels, restaurants, theaters, and so on, because of race, color, religion, national origin, or physical disability b. discrimination against any person on grounds of race, color, religion, national origin, sex, or physical disability in any program that receives any federal funding c. discrimination by employers and labor unions against any person on grounds of race, color, religion, sex, physical disability, or age in job-related matters 2. housing discrimination (discrimination in selling or renting a dwelling to any person on the grounds of race, color, religion, national origin, sex, or disability; also forbids refusal to sell or rent to a family with children) 3. discrimination on the basis of gender in any education program receiving federal financial assistance (all schools, public and private, that receive federal funds); requires equal funding and opportunities for women and men in school athletics programs 4. The policy of affirmative action requires that most employers take positive steps (affirmative action) to remedy the effects of past discriminations. 5. By reverse discrimination, critics mean that affirmative action programs amount to discrimination against the majority group, by giving preference to females and/or nonwhites solely on the basis of sex or race. 6. a. ruled that the Constitution does not allow race to be used as the only factor in the making of affirmative action decisions, but that both the Constitution and the 1964 Civil Rights Act do allow its use as one among several factors in such situations b. ruled that the city of Richmond had not shown that its minority set-aside (quota) policy was justified by past discrimination c. ruled that neither the Equal Protection Clause nor Title VII forbids the promotion of a woman rather than a man, even though he had scored higher on a qualifying interview that she did d. held that all affirmative action cases would be reviewed under strict scrutiny and would be upheld only if it can be shown that they serve some compelling government interest e. held that Gratz s rejection was the result of a race-based quota policy prohibited by the 14th Amendment s Equal Protection Clause f. upheld Grutter s rejection because the law school employed a much more flexible process in making its admissions decisions; ruled that States have a compelling interest in the diversity of the 279

student bodies of their public educational institutions and that this interest justifies the narrowly tailored use of race as one factor in the student admissions policies of those institutions g. ruled that the student assignment policies in both Seattle and Louisville relied too heavily on race and so ran afoul of the 14th Amendment s Equal Protection Clause Reading Comprehension 2 1. The Civil Rights Act of 1964 made it illegal to discriminate on the basis of race, color, religion, national origin, gender, physical disability, or age in voting, public places, places that provide services, and in the workplace. 2. The Civil Rights Act of 1968 made it illegal for people to refuse to sell or rent housing to a person on the basis of race, religion, national origin, gender, or disability. 3. Title IX forbids discrimination based on gender in education programs receiving federal aid. 4. (a) Affirmative action is a policy that requires most employers to take positive steps to better the effects of past discrimination. (b) Arguments against affirmative action include: Critics believe that affirmative action is reverse discrimination, or discrimination against the majority. They believe females and people from minority groups are hired only because of gender or race rather than for their abilities. They believe that affirmative action goes against the Constitution. (c) Quotas have been used to ensure that the workforce has a racial makeup that is similar to the racial makeup of the local community. 5. Regents of the University of California v. Bakke: Alan Bakke, a white man, claimed reverse discrimination when he was denied admission to medical school because positions had been reserved for nonwhite students. The Supreme Court agreed that this was a violation of the Equal Protection Clause. Bakke had to be admitted to the school. Grutter v. Bollinger: Grutter, a white woman, sued when she was denied admission to law school. Her test scores were higher than minority applicants that were accepted. The Court upheld her rejection to law school. The Court said that considering race as a factor for admission was acceptable since the school had a low number of minority students. Gratz v. Bollinger: Gratz, a white woman, sued when she was denied admission to the University of Michigan. Her test scores were higher than minority applicants that were accepted. The Court ruled that the quota policy of the university had denied Gratz equal protection under the 14th Amendment. The school had to admit her. Core Worksheet 3 1. An African American is dangling between the scales of justice in regard to affirmative action. 2. The Supreme Court wants diversity but has ruled as unconstitutional certain policies quotas and percentages, for example to help achieve that diversity. 3. At first glance, it appears that the minority racer is being given an advantage over the white male in the race. Point out to students, however, that the white male is on the inside track, so the minority has no advantage. 4. Many whites oppose affirmative action because they believe it provides minorities with an unjust and undeserved advantage. The cartoonist believes that the minority advantage is a misperception because minorities are starting on the outside track. Have students compare Cartoon B with the quote from President Johnson on the Bellringer transparency. 5. Yes, the cartoonist would be pleased. The Michigan law school allowed the narrowly tailored use of race as one factor in its student admissions policy. 6. Answers will vary, but students should provide reasons for their responses. Skills Worksheet 3 1. Drinking Fountains in the Dougherty County Courthouse shows separate water fountains for whites and African Americans. The Swimming Pool Has Been Changed shows white pool members refusing to allow African Americans to enter a pool. The 280

overall message of the photos is that segregation and injustice toward African Americans existed in some parts of the United States. The images document specific instances of such segregation. 2. Possible emotions Lyon hoped to produce might include anger, guilt, determination, and resolve. In the swimming pool photo, the white pool members appear rather smug, while the African Americans appear frustrated. 3. The photos were taken in Georgia and southern Illinois in 1963. During that time, African Americans faced widespread discrimination and segregation, especially throughout the South. When he took the photos, Lyon was working for the Student Nonviolent Coordinating Committee (SNCC), a civil rights organization that was dedicated to eliminating segregation throughout the South 4. Lyon took these photos to encourage viewers to fight against the inequities faced by African Americans in the early 1960s. He definitely intended to show segregation in a negative or an unfavorable light. Skill Activity 2 1. The drinking fountains photograph shows separate water fountains for whites and African Americans in a county courthouse. The fountain for Colored people is much smaller and harder to access than that for White people. The swimming pool photo shows white pool members refusing to allow African Americans to enter a pool. The overall message of the photos is that segregation and injustice toward African Americans existed in some parts of the United States. 2. (a) Possible emotions Lyon hoped to produce might include anger, guilt, determination, and resolve. (b) In the swimming pool photograph, the white pool members appear rather smug, while the African Americans appear frustrated or resigned. 3. The photographs were taken in the 1960s during the struggle for civil rights. African Americans faced widespread discrimination and segregation, especially throughout the South. This is shown in both photographs. 4. (a) Lyon disagrees with the racial segregation shown in the photographs. (b) He took these photographs to encourage viewers to fight against discrimination and segregation. Quiz A 1. c 2. e 3. f 4. a 5. b 6. d 7. b 8. b 9. c 10. b Quiz B 1. d 2. c 3. f 4. a 5. b 6. e 7. b 8. a 9. c 10. b CHAPTER 21 Section 4 Reading Comprehension 3 1. By birth: a. determined by place of birth, or by where one is born (jus soli) b. determined by parentage, or to whom one is born (jus sanguinis) By naturalization: a. individually, by a court b. collectively, by a treaty, an act, or a joint resolution passed by Congress 2. a. expatriation voluntarily renouncing one s citizenship b. denaturalization involuntarily losing one s citizenship by court order (applies to naturalized citizens only) 281

3. Except for Native Americans, all of us have come here from abroad or are descended from those who did. Some 70 million immigrants have come to the United States since 1820, the year when such figures were first recorded. 4. Before the 1880s, immigration was actively encouraged, because land was plentiful and expanding industry demanded more and more workers. Beginning in the 1880s, immigration began to be restricted, as the open frontier was a thing of the past, and labor was no longer in short supply. 5. The Immigration Acts of 1921 and 1924 and the National Origins Act of 1929 assigned each country in Europe a quota a limit on the number of immigrants from that country each year. The Immigration and Nationality Act of 1952 extended the quota system to include every country outside the Western Hemisphere. 6. the Immigration Act of 1990; substantially increased the number of immigrants who may enter the United States each year; continued the family-preference policy; immigrants with occupational talents in short-supply receive special preference; included an extensive list of excludable aliens 7. the legal process by which aliens are legally required to leave the United States; aliens may be deported for several reasons, including illegal entry, conviction of a serious crime, and connection to terrorism 8. a. established a one-year amnesty program under which many undocumented aliens could become legal residents; made it a crime to hire any person who is in this country illegally b. made it easier to deport illegal aliens by streamlining the deportation process; toughened the penalties for smuggling aliens into this country; prevented undocumented aliens from claiming Social Security benefits or public housing; allowed State welfare agencies to check the legal status of any alien who applies for any welfare benefit; doubled the size of the Border Patrol Reading Comprehension 2 1. By Birth jus soli (the law of soil): A person who is born in the United States is a citizen at birth. jus sanguinis (the law of blood): A person born to American parents is a citizen at birth. By Naturalization Individual naturalization: An individual applies for and receives citizenship. Collective naturalization: An entire group become citizens. 2. Denaturalization: Denaturalization is when citizenship is taken away by court order. Expatriation: Expatriation is the legal process of losing citizenship. Deportation: Deportation is the legal process by which aliens are removed from the country. 3. Before the 1880s, there were no laws on immigration. In 1882, the first major restriction was put in place to exclude Chinese immigrants. By 1920, more than thirty groups were not allowed to immigrate to the United States. 4. The Immigration Act of 1990 governs immigration today. 5. Undocumented aliens are people living in the United States illegally. Core Worksheet A 3 1. sets up the government, defines the government, protects basic rights of Americans 2. We the People 3. the Bill of Rights 4. Any one of the following: speech, religion, assembly, press, petition the government 5. 27 6. Any two of the following: life, liberty, pursuit of happiness 7. capitalist or market economy 8. Everyone must follow the law. 9. checks and balances, separation of powers 10. Congress, Senate and House of Representatives 11. 100 12. Answers will vary. For District of Columbia residents and residents of U.S. territories, the answer is that D.C. or the territory where the applicant lives has no U.S. Senators. 13. 435 282

14. Answers will vary. Residents of territories with nonvoting delegates or resident commissioners may provide the name of that delegate or commissioner. Also acceptable is any statement that the territory has no voting representatives in Congress. 15. because some states have more people 16. the Speaker of the House 17. Any two of the following: Secretary of Agriculture, Secretary of Commerce, Secretary of Defense, Secretary of Education, Secretary of Energy, Secretary of Health and Human Services, Secretary of Homeland Security, Secretary of Housing and Urban Development, Secretary of Interior, Secretary of State, Secretary of Transportation, Secretary of Treasury, Secretary of Veterans Affairs, Secretary of Labor, Attorney General 18. Any one of the following: to print money, to declare war, to create an army, to make treaties 19. Any one of the following: provide schooling and education, provide protection (police), provide safety (fire departments), give a driver s license, approve zoning and land use 20. Answers will vary. [Residents of the District of Columbia and U.S. territories without a governor should say we don t have a governor. ] 21. Any one of the following: Citizens eighteen (18) and older (can vote). You don t have to pay (a poll tax) to vote. Any citizen can vote. (Women and men can vote.) A male citizen of any race (can vote). 22. Any one of the following: serve on a jury, vote 23. Any two of the following: vote, join a political party, help with a campaign, join a civic group, join a community group, give an elected official your opinion on an issue, call senators and representatives, publicly support or oppose an issue or policy, run for office, write to a newspaper 24. because of high taxes (taxation without representation), because the British army stayed in their houses (boarding, quartering), because they didn t have selfgovernment 25. (Thomas) Jefferson 26. Any three of the following: New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia 27. 1787 28. Any one of the following: (James) Madison, (Alexander) Hamilton, (John) Jay, Publius 29. Any one of the following: U.S. diplomat, oldest member of the Constitutional Convention, first Postmaster General of the United States, writer of Poor Richard s Almanac, started the first free libraries 30. Any one of the following: War of 1812, Mexican-American War, Civil War, Spanish-American War 31. Any one of the following: slavery, economic reasons, states rights 32. Any one of the following: freed the slaves, Emancipation Proclamation, saved (or preserved) the Union, led the United States during the Civil War 33. fought for women s rights, fought for civil rights 34. (Woodrow) Wilson 35. (Franklin) Roosevelt 36. Japan, Germany, and Italy 37. fought for civil rights, worked for equality for all Americans 38. Any one of the following: Navajo, Sioux, Chippewa, Choctaw, Pueblo, Apache, Iroquois, Creek, Blackfeet, Seminole, Cheyenne, Arawak, Shawnee, Mohegan, Huron, Oneida, Lakota, Crow, Teton, Hopi, Inuit Core Worksheet B 3 1. Wealthy men are stopping a poor immigrant from getting off the ship at the docks. 2. They symbolize the wealthy men, who once were poor immigrants themselves. 3. The wealthy men are shown as obese. The immigrant is wearing tattered clothing, and he is carrying tin pans and cups that symbolize his meager possessions. The poor man s cap identifies him as an immigrant from eastern or southern Europe or Russia. 4. The wealthy men are hypocrites. Now that they have made their fortunes in 283

the United States, they want to stop new immigrants from entering. Core Worksheet B 2 1. The immigrant is wearing tattered clothing, and he is carrying tin pans and cups that symbolize his meager possessions. The wealthy men are shown in fine clothes, and most of them are obese. 2. The wealthy men are stopping a poor immigrant from getting off the ship at the docks. 3. The wealthy men are hypocrites. Now that they have made their fortunes in the United States, they want to stop new immigrants from entering. Quiz A 1. e 2. b 3. d 4. c 5. a 6. f 7. c 8. a 9. b 10. b Quiz B 1. d 2. f 3. a 4. b 5. c 6. e 7. a 8. c 9. b 10. b Landmark Decisions of the Supreme Court Worksheet 3, 4 1. The 14th Amendment guarantees that all people will be treated equally under the law. 2. Plessy v. Ferguson upheld the practice of segregation as long as the separate facilities were equal, whereas the decision in Brown asserted that segregated schools were inherently unequal. 3. To the Topeka Board of Education, equal meant providing similar buildings, transportation, curricula, and qualified teachers to all students. To the Browns, equal meant being integrated into society at large, with no respect to their race. Landmark Decisions of the Supreme Court 2 1. Linda Brown s parents thought that the segregated school system in Topeka violated the 14th Amendment to the Constitution which says that all people should be treated equally under the law. 2. (a) The district court ruled in favor of the board of education. (b) It said that separate but equal segregated schools were acceptable under the law. According to the district court, the segregated facilities were mostly equal, so Linda Brown s constitutional rights were not violated. 3. The Browns claimed that segregated schools were not equal and could never be equal. 4. The question that the Supreme Court had to answer was as follows: Does the segregation of children in public schools on the basis of race take away the equal protection of the law from minority children? In other words, is segregated education constitutional? 5. (a) The Plessy v. Ferguson decision made it legal for the school system to be segregated. (b) The decision of the federal district court was based on the separate but equal doctrine established by Plessy v. Ferguson. The Supreme Court ruling in the Brown case overturned Plessy v. Ferguson. This meant there was no longer a constitutional basis for segregation. 6. The Court made it clear that segregated schools cannot be made equal. Even if everything is the same in both the white and nonwhite schools, the fact that they are segregated makes them unequal. 7. The Court s decision in Brown v. Board of Education removed the constitutional basis for segregation. The ruling led to other court decisions that eventually ended all forms of legal racial segregation. 284

CHAPTER 21 Test A 1. a 2. g 3. d 4. e 5. b 6. c 7. i 8. f 9. h 10. j Multiple Choice 11. c 12. b 13. a 14. c 15. d 16. c 17. a 18. b 19. c 20. a Document-Based Question 21. Immigrants are descibed as tired, poor, huddled masses yearning to breathe free, wretched refuse, homeless, and tempest-tossed. Students should note that at the time this poem was written, the major source of immigration was shifting. Until the 1880s, most immigrants had come from the countries of northern and western Europe. The new immigration from the 1880s onward came mostly from southern and eastern Europe. Critical Thinking 22. A good answer should note that in the early years of the republic, the government made little attempt to control immigration. There was plenty of land, and people were needed to settle and work the land and to provide labor for expanding industry. By the late 1800s, however, labor was no longer in short supply, and Congress began to take action to control the evergrowing tide of immigrants. Quotas were imposed to regulate how many people could come into the United States and from which countries. Today, immigration is limited to 675,000 per year, although millions have come in illegally as well. Essay 23. A good answer should explain that the United States has taken many steps in recent decades to make opportunities more equal for men and women of all races, national origins, religions, and physical abilities. Such efforts include the Civil Rights Acts, Supreme Court cases that ruled segregation unconstitutional, and affirmative action. However, there is always room for improvement. Students may note that sometimes society overcorrects for past wrongs, and reverse discrimination occurs. Under the American system of government, though, there are ways for people and groups to address inequality. Test B 1. a 2. f 3. d 4. i 5. b 6. c 7. h 8. e 9. g 10. j Multiple Choice 11. c 12. b 13. a 14. c 15. a 16. c 17. a 18. b 19. c 20. a Document-Based Question 21. (a) The immigrants in this poem are described as people from the lower social classes in their home country who are looking for a better life. They are described as tired, poor, huddled masses yearning to breathe free, wretched refuse, homeless, and tempesttossed. (b) the Chinese Exclusion Act of 1882 285

Critical Thinking 22. (a) A good answer should note that in the early years of the republic, the government made little attempt to control immigration. From the 1890s to the 1930s, Congress took action to control the increasing number of immigrants. Certain groups were excluded. Quotas were imposed to regulate the number of people that could come into the United States from certain countries. Today, according to law, immigration is limited to 675,000 per year. (b) There are millions of aliens who are in the United States illegally. Certain states such as California, Arizona, Texas, and Florida in particular are forced to cope with the costs of illegal immigration. Many U.S. citizens want to take steps to reduce illegal immigration; others want to make it easier for illegal immigrants to become citizens. Essay 23. A good answer should explain that the United States has taken many steps in recent decades to make opportunities more equal for men and women of all races, national origins, religions, and physical abilities. Such efforts include the civil rights acts, Supreme Court cases that ruled segregation unconstitutional, and affirmative action. In a country as large and diverse as the United States, there will always be new civil rights issues that must be addressed. This is partly due to ongoing changes in society. For example, more women entering the workforce caused the nation to focus on issues of gender equality. New issues such as reverse discrimination have arisen due to efforts to correct past wrongs. The U.S. system of government provides a fair means for addressing these issues. 286