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AP Government Skeleton

Terms in this set (48)

Affirmative Action
Make up for segregation with blacks, african americans can pay less for college, and other compensations. The make up of the whites wrong doings.
Americans with Disabilities Act of 1990
The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. Piece of legislation.
Article III
Section 1.

The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

Section 2.

The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.

Section 3.

Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted
Barron v Baltimore vs Gitlow v New York
Barron v Baltimore was the first time not using selective incorporation and Gitlow v NY was the first time using Selective Incorporation.
Brown v Board
a landmark United States Supreme Court case in which the Court declared state laws establishing separate public schools for black and white students to be unconstitutional. The decision overturned the Plessy v. Ferguson decision of 1896, which allowed state-sponsored segregation, insofar as it applied to public education
Checks and balances (Judiciary, Executive, Legislative)
The system of checks and balances is used to keep the government from getting too powerful in one branch. For example, the Executive Branch can veto bills from the Legislative Branch, but the Legislative Branch can override the veto.
Civil Rights Act of 1964
a landmark piece of civil rights legislation in the United States[5] that outlawed discrimination based on race, color, religion, sex, or national origin.[6] It ended unequal application of voter registration requirements and racial segregation in schools, at the workplace and by facilities that served the general public
Civil War Amendments
13, 14, 15 amendments.
Class Action
Someone brings a case for hearing on behalf of a group of people with the same problem.
Comparable Worth
Equal money for how much the job is worth.
Constitutional vs Legislative Courts
Constitutional courts are established pursuant to Article III of the Constitution, which states, "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." These courts have only the powers specified in Article III. They can hear only cases or controversies; their judges hold office for life, as long as they are not guilty of judicial misconduct; and their judges' salary cannot be reduced while those judges serve in office.
The Supreme Court, the U.S. courts of appeal (including the U.S. Court of Appeals for the Federal Circuit), the U.S. district courts, and the Court of International Trade are constitutional, or Article III, courts.
Legislative courts are known as Article I courts because they are created pursuant to the authority given to Congress in Article I, Section 8, Clause 9, of the Constitution. That section empowers Congress "To constitute Tribunals inferior to the Supreme Court." No restrictions exist as to the type of court that must be created. Such courts can possess whatever jurisdiction Congress deems appropriate. Judges can be appointed by specific terms of years, and salaries can be adjusted in response to the changing economy.
Creating lesser Federal Courts
Lesser federal courts are like district courts where trials are held and cases begin, and legislative courts.
De jure and De facto segregation
De Jure Segregation is segregation by law. Ex. Whites only areas. De Facto Segregation is segregation by choice. Ex. Muskegon Heights.
Dual Court system and Dual Sovereignty
The U.S. court system is divided into two administratively separate systems, the federal and the state, each of which is independent of the executive and legislative branches of government. Such a dual court system is a heritage of the colonial period. Dual Sovereignty is a maxim of law which allows the double prosecution of a person by more than one state for the same crime, where both states have jurisdiction for the prosecution, and notwithstanding the double jeopardy rule.
Equal Protection and Strict Scrutiny
Strict Scrutiny- Based on race, Inherently suspect on anything that treats race differently, courts look at the law, and it must be a compelling interest to do so. Equal Protection- Clause in the 14th amendment, no state shall deny any person within its jurisdiction.
formal and informal qualifications to be selected as a Supreme Court Justice
Formal requirements vary among the states, although many states do not have strict minimum requirements. Neither the U.S. Constitution nor any federal statute set forth formal qualifications for federal judges. However, other factors may determine who will earn a seat on a federal bench. Although federal law does not require a federal judge to be an attorney, the vast majority of judges have distinguished themselves professionally as lawyers. This becomes even more important at the intermediate appellate court and Supreme Court levels.

Moreover, though certainly not a requirement, judges generally need some record of political activity for two main reasons. First, the prospective judge's service in politics may be rewarded through an appointment to the federal bench. Second, a judge generally needs to have some level of political activity to become noticed by those who select judges in the federal system.
Free Exercise and Establishment Clause
The Free Exercise Clause reserves the right of American citizens to accept any religious belief and engage in religious rituals. Reynolds vs US, Oregon vs Smith The Establishment Clause is a limitation placed upon the United States Congress preventing it from passing legislation respecting an establishment of religion. Engel v Vitale
Habeas Corpus and Due Process
(Habeas Corpus)- cannot be suspended in a time of process, an accused person has the right to know why is he/she is being taken into custody. (Due Process)- Civil Rights
Judicial Review
The power to declare acts of congress, president's, unconstitutional. Was created by Marbury vs Madison.
Judicial Activism and Restraint
Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional, though what counts as obviously unconstitutional is itself a matter of some debate."Judicial activism" is when judges substitute their own political opinions for the applicable law, or when judges act like a legislature (legislating from the bench) rather than like a traditional court.
Jurisdiction and responsibilities of Constitutional Courts
The review of laws represents the core of constitutional jurisdiction. However, the Constitutional Court is not free to review, at its own discretion, any legal provision for its constitutionality and to repeal it if it is found to be unconstitutional. The Court's review function is limited to cases in which a review has been applied for by a state body or a duly authorized individual, or to provisions to be applied by the Court itself in a pending law suit.
Lemon Test
Must be used for secular purposes, excessively entangle government and religion.
methods to bypass USSC rulings
Make a new amendment, ignore it or not enforce it, create a slightly different law.
Methods used to keep minorities from voting (and how problems were resolved)
Literacy Tests, Poll Taxes, Grandfather Clause, Jim Crow Laws, ended by 24th 15th 14th amendments, Voting Rights Act.
Original vs Appellate Jurisdiction
The U.S. Supreme Court can exercise either original jurisdiction or appellate jurisdiction. Certain rare cases can originate in the Supreme Court, but mostly the Supreme Court hears appeals from the U.S. circuit courts and state supreme courts if the state case involves an issue of federal law.
Political Questions
Questions the court must answer before hearing a case. Does it have to do with the constitution, law, or treaty?
Precedence
Using a prior court case decision to decide the outcome of a current court case decision.
Process for a case to reach the USSC
Original jurisdiction" cases are rare, with the Court hearing one or two cases each term. The most common way for a case to reach the Supreme Court is on appeal from a circuit court. A party seeking to appeal a decision of a circuit court can file a petition to the Supreme Court for a writ of certiorari.
Protected Speech and unprotected Speech
Parts of Symbolic Speech, Obscenity, and Clear and Present Danger, forms of defamation is not protected. Texas v Johnson, Okay to burn the flag. Tinker v Des Moines, you can protest vietnam war, and ny v sullivan because they used selective incorporation to give free speech to the US.
Rights of the accused enumerated in the constitution
Writ of Habeas Corpus, Trial by Jury, Self Incrimination, no double jeopardy, no cruel and unusual punishment, right to remain silent, no bill of attainder, no illegal search and seizures.
Selective Incorporation
Selective incorporation is a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights.
Senatorial Courtesy
In order for a person nominated can be approved, they have to get approval from the senior senator of their party of their home state in order to take position.
Separation of Church and State
"Separation of church and state" is a phrase used by Thomas Jefferson and others expressing an understanding of the intent and function of the Establishment Clause and Free Exercise Clause of the First Amendment to the Constitution of the United States. Either way, the "separation" phrase has since been repeatedly used by the Supreme Court of the United States.
Solicitor General
1/3 ranked justice department represents the US when it is trialed in court.
Sovereign Immunity
Ask for government consent before sueing them.
Standing
The requirements for a case to be heard. There needs to be a remedy, you need to suffer an injury.
Supreme Court and Interest Groups
Interest groups give money to USSC
Supreme Court and Privacy
Used the 14th amendment of due process rights and applied it to the 9th amendment.
Supreme Court and Public Opinion
SC is isolated from public opinion because of Life Terms
Supreme Court and Religion
First Amendment, Government can establish any form of religion, but may limit your practices. Establishment Clause(Engle v Vital) and Free Exercise Clause.(Reynolds v US, Oregon v Smith) Federal Funds can only go to religious schools if for secular purpose.
Supreme Court History (topics of concentration - economy, state rights, national supremacy, economy civil liberties
Marshall Court, Burger Court, Warren Court, Rehnquist Court, dealing with Civil Liberties.
Title IX of the Education Act of 1972
Title IX is a comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity.
Types of Opinions in USSC
Concurring Opinion, Dissenting Opinion, Precedents
USSC implementation powers
No implementation powers, require other gov or agencies to enforce. Use precedents and stare decisis to maintain legitimacy.
Voting Rights Act of 1965
The Voting Rights Act, signed into law by President Lyndon Johnson (1908-73) on August 6, 1965, aimed to overcome legal barriers at the state and local levels that prevented African Americans from exercising their right to vote under the 15th Amendment (1870) to the Constitution of the United States.
Warren Court
Liberal court that gives the accused more rights. Examples are Roe v Wade, and Gideon v Wainwright.
Rehnquist Court
More conservative, try to return power back to the states. Civil Liberties are the focus. US v Lopez, US v Printz
Blue Slip
A senators veto of a persons nomination.
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