writ of habeas
an order that requires an official to bring a specified prisoner into court and explain to the judge why the person is being held in prison.
bill of attainder
a legislative act that inflicts punishment on particular persons or groups with out granting them the right to a trial
ex post facto
punishes individuals for committing an act that was legal when it was committed but has since become a crime.
bill of rights
functions to protect the rights of those in the minority against the will of the majority.
the constitutional guarantee, set out in the 5th and 14th amendments, that the government will not illegally or arbitrarily deprive a person of life, liberty, or property.
substantive due process
focuses on the content of legislation. If a law or other government action limits a fundamental right, it will be held to violate the substantive due process, unless it promotes a compelling or overriding state interest. compelling state interests could include the public's safety.
if a law or action prevents some group of persons from exercising a fundamental right, the law or action will be subject to the "strict-scrutiny" standard. Under this standard, the law or action must be necessary to promote a compelling state interest and must be narrowly tailored to meet that interest. A law based on a suspect classification, such as race, is also subject to strict scrutiny by the courts, meaning that the law must be justified by a compelling state interest.
a classification, such as race, that provides the basis for a discriminatory law. Any law based on a suspect classification is subject to strict scrutiny by the courts-meaning that the law must be justified by a compelling state interest.
intermediate scrutiny 1
because the supreme court had difficulty deciding how to judge cases in which men and women were treated differently, another test was developed- the "intermediate-scrutiny" standard. Under this standard, laws based on gender classifications are permissible if they are "substantially related to the achievement of an important governmental objective." for example, a law punishing males but not females for statutory rape is valid because of the important governmental interest in preventing teenage pregnancy in those circumstances and because almost all of the harmful and identifiable consequences of teenage pregnancies fall on young females.
intermediate scrutiny 2
generally, since the 1970's, the Supreme Court has scrutinized gender classifications closely and has declared many gender-based laws unconstitutional. In 1979, the Court held that a state law allowing wives to obtain alimony judgments against husbands but preventing husbands from receiving alimony from wives violated the equal protection clause. In 1892, the Court declared that Mississippi's policy of excluding males for Women was unconstitutional. In a controversial 1996 case, United States v. Virginia, the Court held that Virginia Military Institute, a stat-financed institution, violated the equal protection clause by refusing to accept female applicants. The court said that the state of Virginia had failed to provide a sufficient justification for its gender-based classification. Despite many recent court rulings, the goal of equal treatment for women has yet to be fully achieved.
Equal protection clause
section 1 of the 14th amendment, which states that no state shall "deny to any person within its jurisdiction the equal protection of the laws"
In Barron v. Baltimore (1833), the Supreme Court ruled that:
the Bill of Rights did not apply to state laws
The "incorporation" of the Bill of Rights into the Fourteenth Amendment did not really begin until the:
third decade of the twentieth century.
Which of the following Supreme Court rulings concluded that state-supported school prayer violated the establishment clause?
Engel v. Vitale
According to Lemon v. Kurtzman
a state's school aid must be clearly secular, not help/hurt religion, and be clear of government entanglement with religion.
What has been the Supreme Court's position on the constitutionality of the phrase "under God" in the Pledge of Allegiance?
The phrase has not yet been ruled on or considered by the Court.
Speech "that urges resistance to lawful authority or that advocates the overthrowing of a government" is called:
Written or published false, defamatory statements which harm an individual's reputation or character are known as:
Which of the following Supreme Court rulings created a "three-part test" for defining obscenity?
Miller v. California
Jim Crow laws
By the late 1880's, southern legislatures began to pass a series of segregation laws-laws that separated the white community from the black community.
free rider problem
problem that arises when people can enjoy the benefits of group activity without bearing any of the costs. Problem arises when individuals perceive that their contribution does little to contribute to the overall goal of the group (donating $20 to Greenpeace). Why contribute to the cause if it's so unnoticeable. This problem also arises when individuals receive the benefit whether they contributed or not (Cleaner air).
a theory that views politics as a contest among various interest groups at all levels of government - to gain benefits for their members.
an organization of people sharing common objectives who actively attempt to influence government policymakers through direct and indirect methods.
A person who is employed by and acts for an organized interest group or corporation to try to influence policy decisions and positions in the executive and legislative branches
a person who believes in sharing power between the states and the national government. wealthy and educated should rule
more sympathetic to the "common man" and favored a more limited role for government
The equal protection clause of the Fourteenth Amendment has been interpreted by the courts to mean that states must
treat all individuals equally and may not discriminate "unreasonably" against a group or class of individuals.
Which of the following constitutional amendments stated that voting rights could not be abridged on account of race?
Choose the Supreme Court ruling where the Court ordered desegregation to begin "with all deliberate speed."
Brown v. Board of Education
In 1848, Lucretia Mott and Elizabeth Cady Stanton organized the first
"woman's rights" convention in Seneca Falls, New York.
Of the more than ten thousand members who have served in the U.S. House of Representatives, what percentage of them have been women?
The "glass ceiling" refers to the small percentage of
women who hold top corporate management positions in the United States.
In the Bakke case, Allan Bakke argued that he was a victim of "reverse discrimination" and a "quota system" that collectively had denied
him admission to medical school.
According to numerous analysts, by what year will the Social Security Administration be paying out more funds in benefits than it collects in taxes?
An interest group that successfully lobbies for clean air laws means that "everyone who breathes that air will benefit, whether they paid for the lobbying effort or not." This is known as the ________ problem that many interest groups face.
In comparison to political parties, interest groups are:
usually pushing only a handful of key policies.
According to the chapter data, the percentage of the workforce represented by unions from 1952 to 2005 has shown a decline from over 40 percent (1952) to around ________ percent in 2005.
President ________ warned the nation in 1961 of the military-industrial complex gaining "unwarranted influence."
Which of the following agricultural interest groups has the most members?
American Farm Bureau Federation
Under the 1995 Lobbying Disclosure Act, strict definitions now apply to determine :
who must register with the clerk of the House and the secretary of the Senate as a lobbyist.
Are Political parties mentioned in the U.S. Constitution?
political parties AREN'T mentioned in the constitution
"The document drawn up by each party at its national convention that outlines the policies and positions of the party" is called the party ________.
The war against terrorism and the U.S. involvement in Iraq apparently helped President Bush win re-election against :
Senator John Kerry in 2004.
In 2004, President Bush won the election by less than a ________ percent margin of the popular vote and won a greater percentage of the votes in ________ of the twenty states that he had lost in 2000.
The Republican Party has controlled both the White House and Congress since the 2002 midterm elections.