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civil liberties

legal and constitutional rights that protect citizens from gov't actions

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.

due process

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.

strict scrutiny

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.

suspect classification

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"

civil liberties

describe what the government cannot do

civil rights

set forth what the government must do.

The Eighth Amendment to the U.S. Constitution prohibits

prohibits "cruel and unusual punishment."

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.

The First Amendment first applied to

congress not the states

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:

seditious.

The form of speech known as "fighting words"

is not protected by the First Amendment.

Written or published false, defamatory statements which harm an individual's reputation or character are known as:

libel

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).

pluralist theory

a theory that views politics as a contest among various interest groups at all levels of government - to gain benefits for their members.

interest groups

an organization of people sharing common objectives who actively attempt to influence government policymakers through direct and indirect methods.

lobbyist

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

federalist

a person who believes in sharing power between the states and the national government. wealthy and educated should rule

democrat-republican party

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.

A law based upon a "suspect classification" would normally come under:

strict scrutiny.

Which of the following constitutional amendments stated that voting rights could not be abridged on account of race?

fifteenth amendment

Choose the Supreme Court ruling where the Court ordered desegregation to begin "with all deliberate speed."

Brown v. Board of Education

Racial segregation that is legally sanctioned was called

de jure segregation.

Malcolm X was an advocate of

nonviolent civil disobedience.

Today, how many African Americans serve in elective office in the United States?

8,500

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?

1%

The first woman to ever be appointed to the U.S. Supreme Court was

Ruth Bader Ginsburg.

It is estimated that for every dollar earned by men, women earn about ________ cents.

$0.76

The "glass ceiling" refers to the small percentage of

women who hold top corporate management positions in the United States.

The "Stonewall Inn" 1969 incident led to renewed political activism on the part of :

gays

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?

2018

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.

free rider

In comparison to political parties, interest groups are:

usually pushing only a handful of key policies.

Common Cause is an example of a(n)

public interest group

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.

13

President ________ warned the nation in 1961 of the military-industrial complex gaining "unwarranted influence."

Eisenhower

Which of the following agricultural interest groups has the most members?

American Farm Bureau Federation

Which of the following is an "indirect" lobbying technique?

Using newspaper and magazine ads.

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

In the early days of America, opponents of the Federalists became known as:

Democratic Republicans.

The first Republican president was:

Abraham Lincoln.

In 1968, the American Independent Party's presidential nominee was:

George Wallace.

In which of the following presidential election years did a "realigning election" not occur?

1960

The "single-member district" represents

an institutional barrier to a multiparty system in the U.S.

The first third party candidate to participate in a presidential debate was:

John Anderson

"The document drawn up by each party at its national convention that outlines the policies and positions of the party" is called the party ________.

platform

The war against terrorism and the U.S. involvement in Iraq apparently helped President Bush win re-election against :

Senator John Kerry in 2004.

Which one of the following groups tends to vote Republican?

Men

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.

3; 15

The Republican Party has controlled both the White House and Congress since the 2002 midterm elections.

True

In essence, political parties are essentially coalitions of

individuals and groups.

An example of an "issue-oriented" party in U.S. history was the:

free soil party

A "splinter" or "personality" party in U.S. history was the:

reform party

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