Set: Govt 1

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All 79 Terms

Term Definition
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

Set Information

Terms 79
Creator imrtlsnox
Created March 15, 2008
Groups None
Tags unitedstates, government
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Description

For my second govt test on CA govt, civil rights, and civil liberties

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imrtlsnox : Changed Gubernational 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 to Gubernatiorial 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
imrtlsnox : Changed Founding Mothers: → Elizabeth Cody Stanton and Lucretia Mott to Founding Mothers → Elizabeth Cody Stanton and Lucretia Mott
imrtlsnox : Changed Dred Scott v Sanford (1857) → key civil rights supreme court case, first major civil rights case to go before the US supreme court. to Dred Scott v Sanford → (1857) key civil rights supreme court case, first major civil rights case to go before the US supreme court.
imrtlsnox : Changed Lower House (CA govt) → called State Assembly, 80 members, term of office up to three 2 years terms, top leadership position: assembly speaker to State Assembly → lower house of CA govt, 80 members, term of office up to three 2 years terms, top leadership position: assembly speaker
imrtlsnox : Changed 5th Amendment → double jeapordy clause, self-incrimination (pleading the 5th), etc. to 5th Amendment → double jeapordy clause, self-incrimination, etc.
imrtlsnox : Changed Brandenburg v Ohio (1969) → "direct incitement" test to Brandenburg v Ohio → (1969) case that established the "direct incitement" test
imrtlsnox : Changed Brown v Board of Education (1954) → key civil rights supreme court case. Topeka, KS. overturned Plessy case ruling. to Brown v Board of Education → (1954) key civil rights supreme court case. Topeka, KS. overturned Plessy case ruling.
imrtlsnox : Changed Gubernatiorial 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 to 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
imrtlsnox : Changed Higher House (CA govt) → called State Senate, 40 members, term of office up to two 4 years terms (up to ten yrs), top leadership position: President Pro Tempore to 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
imrtlsnox : Changed 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 to 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
imrtlsnox : Changed Initiative → a method by which voters may propose and pass laws (statutory) and constitutional amendements. Only 24 states have initiatives to Initiative → a method by which voters may propose and pass laws (statutory) and constitutional amendements. Only 24 states have it
imrtlsnox : Changed Schank v. US (1919) → "clear and present danger" test to Schank v. US → (1919) case establishing the "clear and present danger" test
imrtlsnox : Changed Complsory Referendum → approving constitutional amendments. ex: Prop 55 (statewide school bond) to Compulsory Referendum → approving constitutional amendments. ex: Prop 55 (statewide school bond)
imrtlsnox : Changed 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 to 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
imrtlsnox : Changed NAACP strategy to end segregation → began by focusing on professional, graduate, and post-graduate schools to NAACP strategy → focus to end segregation, began by focusing on professional, graduate, and post-graduate schools
imrtlsnox : Changed Comparison between 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 to 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
imrtlsnox : Changed ERA → Equal Rights 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 to 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
imrtlsnox : Changed 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 to 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
imrtlsnox : Changed 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 to 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
imrtlsnox : Changed Civil Rights Act of 1964 → signed into law by Lyndon B. Johnson, proposed by JKF to Civil Rights Act → 1964, signed into law by Lyndon B. Johnson, proposed by JKF
imrtlsnox : Changed 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 to provisions 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
imrtlsnox : Changed Schank v. US → (1919) case establishing the "clear and present danger" test to Schank v US → (1919) case establishing the "clear and present danger" test
imrtlsnox : Changed right to privacy amendments → amendments 1, 3, 4, 9, and 14 to 1, 3, 4, 9, 14 → right to privacy amendments
imrtlsnox : Changed 1964 → Civil Rights Act was invoked in year __ to Civil Rights Act → 1964
imrtlsnox : Changed 1973 → Roe v Wade Case to Roe v Wade → 1973
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Most Missed Words

  1. Suspect Classification → category or class, such as race, that triggers the highest standard of scrutiny from the Supreme Court - 5 misses
  2. Affirmative Action → policies designed to give special attention to compensatory treatment to members of a previously disadvantaged group - 4 misses
  3. Strict Scrutiny → a heightened standard of reviw used by the Supreme Court to determine the constitutional validity of a challenged practice - 4 misses
  4. substantive due process → judicial interpretation of 5th and 14th amendments' due process clause that protects citizens from arbitrary or unjust laws - 4 misses
  5. 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) - 3 misses
  6. Protest Referendum → overturning laws. ex: Prop 72 (health care coverage) - 2 misses
  7. Incorporation Doctrine → the BOR made applicable to the states - 2 misses