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Flashcards: Govt 1

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Progressive Movement	battled corrupt political machines and sought to return power to the people. Exs: Hiram Johnson, Earl Warren
3 Tools of Direct Democracy	Initiative, Referendum, Recall
Initiative	a method by which voters may propose and pass laws (statutory) and constitutional amendements. Only 24 states have it
Prop 215 and Prop 13	Initiative, 215 allows medical maijuana, 13 concerns property taxes
Referendum	a method by which voters may overturn laws and approve constitutional amendments, bond issues, etc.

Compulsory Referendum	approving constitutional amendments. ex: Prop 55 (statewide school bond)
Protest Referendum	overturning laws. ex: Prop 72 (health care coverage)
Recall	a method by which voters may remove elected officials early from office if they are unhappy with their job performance. Ex: Gov Grey Davis, Assembly Member Doris Allen
State Assembly	lower house of CA govt, 80 members, term of office up to three 2 years terms, top leadership position: assembly speaker
State Senate	Higher House (CA govt), 40 members, term of office up to two 4 years terms (up to ten yrs), top leadership position: President Pro Tempore

Gubernatorial Powers	propose, sign, and veto legislation; prepare/propose and sign state budget; line-item veto power (blue pen/pencil power) w/respect to budged and appropriation measures; appointment powers (for heads of state agencies/depts & members of boards & commissons; clemency powers; call special elections; call special sessions of state legislature; extradition powers; issue executive orders; commander in chief of state's national guard
Fiscal Year	for CA: July 1st-June 30th, the budget is proposed by governor no later than Jan 10th.
Bill of Rights	First 10 amendments to the US Constitution (1791)
Rights of the Accused	4th - 8th amendments, were stressed b/c of British experience
Judiciary	defines our rights (interpret the law)

Civil Liberties	fundamental rights and freedoms that the federal govt cannot abridge either through judicial interpretation, by law, or by the Constitution
Incorporation Doctrine	the BOR made applicable to the states
Selective Incorporation	the process by which the US Supreme Court has chosen to apply most, but not all of the BOR to the states (ex: 2nd amendment)
Establishment Clause	prohibits the national govt from establishing a national religion. Thomas Jefferson: it creates a "wall of seperation" between church/religion & state
Free Exercise Clause	prohibits the US govt from interfering w/a citizen's right to practice his/her religion. Not an absolute right b/c whenever religious practices conflict w/secular laws, secular laws prevail

Comparisons of the Establishment and Free Exercise Clauses	both seperate or define the relationship btwn state and religion, provide americans w/religious liberties, provide americans personal choices, and both state that govt should remain neutral towards religion
Schank v. US	(1919) case establishing the "clear and present danger" test
Brandenburg v Ohio	(1969) case that established the "direct incitement" test
libel	written statement defaming one's character
slander	verbal statement defaming one's character

NYT v Sullivan	(1964) public figure libel case. Supreme Court ruled that "actual malice" must be proved to support a finding of libel against a public figure
Obsenity Cases	Roth v US (1957), Miller v California (1973), AB282 (Benoit)
4th Amendment	prohibits unreasonable searches and seizures
Warantless searches	person arrested, things in plain view of the accused, thins under the arrestees immediate control, probation or parole, open fields. reasonable suspicion, w/consent (any household occupant, minors can't grant consent)
5th Amendment	double jeapordy clause, self-incrimination, etc.

Miranda v Arizona (1966)	established the principle that all criminal suspects must be advised of their constitutional rights before interrogation (implies to those arrested for a crime)
6th Amendment	right to counsel and right to a speedy and public trial by an impartial jury
Gideon v Wainwright	(1963) right to counsel case. Ruled that a lawyer is a "necessity, not a luxury" for criminal cases or crimes leading to prisonment for 6 months or more
8th Amendment	prohibits cruel and unusual punishment. rules that minors and mentally unstable cannot be put to death
1st Amendment	right to speech, relgion, assembly, and press

Right To Privacy Amendments, etc	1st: religion; 3rd: quartering of soldiers; 4th: no unreasonable searches and seizures; 9th: non-enumerated rights; 14th: due process. right to birth control, abortion, homosexuality, and right to die
Roe v Wade (1973)	abortion case, right to privacy. Ruled that there is an absolute right to an abortion in the 1st trimester, right to abortion in 2nd trimester (health of mother must be taken into account), and abortion is illegal in the 3rd trimester except to save life/health of the mother
Homosexuality cases	Bowers v Hardwick (1986): upheld GA law against sodomy, Lawrence v TX (2003): overturned Bower's ruling
Civil Rights	the positive acts taken by govts to protect individuals from discrimination by govts, coroporations, or individuals. ensures equality (of opportunity)
civil liberties	negative freedom, freedom FROM govt interventions in everyday life

civil rights	positive freedom, freedom to exercise rights, right not to be discriminated
due process	pre-established procedures, procedural guarantees provided by 4th, 5th, 6th, and 8th amendments for those accused of crimes
Civil War Amendments	13th, 14th, and 15th Amendments. made in reconstruction era
13th Amendment	(1865), civil war amendment. bans slavery and all forms of involuntary servitude
14th Amendment	(1868), civil war amendment, provides US citizens due process of law and equal protection under laws. defines US citizenship, and it is the most litigated amendment

15th Amendment	(1870), civil war amendment, enfranchised (allow to vote) black males
19th Amendment	(1920), enfranchised women
Black Codes	laws passed southern states following civil war that denies most legal rights to newly freed slaves
devices used to prevent blacks from voting	used in southern states, followed black codes. poll taxes, grandfather clauses, literacy tests, and property-owning qualifications
Dred Scott v Sanford	(1857) key civil rights supreme court case, first major civil rights case to go before the US supreme court.

Plessy v Ferguson (1896)	key civil rights supreme court case, "seperate but equal". court ruled that seperate but equal accomodations (btwn blacks and whites) didn't violate the equal protection clause of the 14th Amendment
Brown v Board of Education	(1954) key civil rights supreme court case. Topeka, KS. overturned Plessy case ruling.
NAACP	Key civil rights organization. National Association for the Advancement of Colored People. founded 1909, nation's largest and oldest CR organization
SCLC	key civil rights organization. Southern Christian Leadership Conference. founded in 1957 by, among others, Dr. MLK Jr.
NAWSA	key civil rights organization. National American Woman Suffrage Association. founded 1890

SNCC	key civil rights organization. Student Nonviolent Coordinating Committee. founded 1960
NOW	key civil rights organization. National Organization for Women. founded 1966
Founding Mothers	Elizabeth Cody Stanton and Lucretia Mott
Equal Rights Amendment	amendment proposed by congress in 1972. amendment would bar discrimination against women by federal and state govts. defeated b/c some viewed it might harm women, viewed it was covered in 14th, view it might encourage lesbianism, etc. has been introduced every yr in congress
NAACP strategy	focus to end segregation, began by focusing on professional, graduate, and post-graduate schools

Civil Rights Act of 1964	signed into law by Lyndon B. Johnson, proposed by JKF
provisions of Civil Rights Act	outlawed arbitrary discrimination in voter registration, expedited voting rights lawsuits, barred discrimination in public accomodations engated in interstate commerce, authorized the Dept of Justice to initate lawsits to desegregate public facilities and schools
provisons of Civil Rights Act continued	provided for the witholding of federal funds from discriminatory state and local programs, prohibited discrimination in employment on grounds of race, color, religion, national origin, or sex, and created the Equal Employment Opportunity Commission (EEOC) to monitor and enforce the bans on employment discrimination
Affirmative Action	policies designed to give special attention to compensatory treatment to members of a previously disadvantaged group
Suspect Classification	category or class, such as race, that triggers the highest standard of scrutiny from the Supreme Court

Strict Scrutiny	a heightened standard of reviw used by the Supreme Court to determine the constitutional validity of a challenged practice
Equal Protection Clause	section of 14th amendment that guarantees that all citizens recieve "equal protection of the laws"
Poll Tax	a tax levied in many southern states and localities that had to be paid before an eligible voter could cast a ballot
Grandfather clause	voting qualifications provision in many southern states that allowed only those whose grandfathers had voted before reconstruction (civil war) to vote unless they passed a wealth or literacy test
double jeopardy clause	part of 5th amendment that protects individuals from being tried twice for the same offense

exclusionary rule	judicially created rule that prohibits police from using illegally seized evidence at trial
writ of habeas corpus	a court order in which a judge requires authorities to prove that a prisoner is being held lawfully and that allows the prisoner to be freed if the judge is not persuaded by the govt's case. habeas corpus rights imply that prisoners have a right to know what charges are being made against them
substantive due process	judicial interpretation of 5th and 14th amendments' due process clause that protects citizens from arbitrary or unjust laws
1, 3, 4, 9, 14	right to privacy amendments
Roe v Wade	1973

1969	Brandenburg v Ohio case
1896	Plessy v Ferguson case
1919	Schank v US case
Civil Rights Act	1964