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POLS 2302 Exam 1

Terms in this set (196)

Adam Smith is most closely associated with which of the following theories?
capitalism
Private school education, turnpikes, and cable television are examples your text gives for
toll goods
Established beliefs and ideals that help shape political policy are referred to as
idealogy
Political scientist Robert Putnam has argued that civic engagement in the United States is declining because of
a decline in "social capital"
Goods that all people my use free of charge but that are of limited supply are known as
common goods
Data indicating that 70-90 percent of Americans belong to at least one interest group supports the ideas contained in
pluralist theory
The United States system of government is a(n)
representative democracy
Your textbook defines "government" as
the means by which a society organizes itself and allocates authority in order to accomplish collective goals
According to your textbook, which kinds of people are most likely to become active in politics or community service?
people with higher levels of income and education
Which of the following components of political thought was present in the American colonies?
natural rights, property rights, social contract, limited government
Which Article sets forth the procedures for amending the Constitution?
Article V
The relationship between the national government and regional or state governments is referred to as:
federalism
________________ best describes the Federalists while ___________ best describes the Anti-Federalists.
national / states rights
The course creator's video lecture details the "power map" set forth in:
Articles I, II, and III
The Anti-Federalists:
insisted the Constitution contain a list of things the national government could not do, particularly with respect to individual liberties and freedoms
Separation of powers, checks and balances, and federalism are examples of:
James Madison's "auxillary precautions"
Where in the Constitution is the "right to life, liberty and the pursuit of happiness" specifically contained?
the phrase is not specifically contained in the U.S. Constitution
The Supremacy Clause is constitutionally set forth in:
Article VI
The Articles of Confederation:
was our nation's first written constitution, contained no provision for a president, extremely limited the power of the national government, was found impractical especially after Shay's Rebellion
Lawrence v. Texas
2003 decision to reverse banning of sodomy
Burwell v. Hobby Lobby
2014 case in which Supreme Court ruled that, for religious reasons, some for-profit corporations could be exempt from the requirement that employers provide insurance coverage of contraeptives for their female employees.
The Federalist Papers
a collection of eighty-five essays written by Alexander Hamilton, James Madison, and John Jay in support of ratification of the Constitution
Three-Fifths Compromise
a compromise between northern and southern states that called for counting of all a state's free population and 60 percent of its slave population for both federal taxation and representation in Congress
Great Compromise
a compromise between the Virginia Plan and the New Jersey Plan that created a twohouse Congress; representation based on population in the House of Representatives and equal representation of states in the Senate
appellate courts
a court that reviews cases already decided by a lower or trial court and that may change the lower court's decision
Declaration of Independence
"a document written in 1776 in which the American colonists proclaimed their independence from Great Britain and listed their grievances against the British king"
republic
a form of government in which political power rests in the hands of the people, not a monarch, and is exercised by elected representatives
federal system
a form of government in which power is divided between state governments and a national government
oligarchy
a form of government where a handful of elite society members hold political power
totalitarianism
a form of government where government is all-powerful and citizens have no rights
monarchy
a form of government where one ruler, usually a hereditary one, holds political power
direct democracy
a form of government where people participate directly in making government decisions instead of choosing representatives to do this for them
democracy
a form of government where political power rests in the hands of the people
representative democracy
"a form of government where voters elect representatives to make decisions and pass laws on behalf of all the people instead of allowing people to vote directly on laws"
majority rule
a fundamental principle of democracy; the majority should have the power to make decisions binding upon the whole
confederation
a highly decentralized form of government; sovereign states form a union for purposes such as mutual defense
judicial restraint
a judicial philosophy in which a justice is more likely to let stand the decisions or actions of the other branches of government
judicial activism
a judicial philosophy in which a justice is more likely to overturn decisions or rule actions by the other branches unconstitutional, especially in an attempt to broaden individual rights and liberties
criminal law
a law that prohibits actions that could harm or endanger others, and establishes punishment for those actions
unicameral legislature
"a legislature with only one house, like the Confederation Congress or the legislature proposed by the New Jersey Plan"
bicameral legislature
a legislature with two houses, such as the U.S. Congress
associate justice
a member of the Supreme Court who is not the chief justice
civil law
a non-criminal law defining private rights and remedies
Virginia Plan
a plan for a two-house legislature; representatives would be elected to the lower house based on each state's population; representatives for the upper house would be chosen by the lower house
Rule of Four
a Supreme Court custom in which a case will be heard when four justices decide to do so
checks and balances
a system that allows one branch of government to limit the exercise of power by another branch; requires the different parts of government to work together
brief
a written legal argument presented to a court by one of the parties in a case
social contract
an agreement between people and government in which citizens consent to be governed so long as the government protects their natural rights
majority opinion
an opinion of the Court with which more than half the nine justices agree
concurring opinion
"an opinion written by a justice who agrees with the Court's majority opinion but has different reasons for doing so"
dissenting opinion
an opinion written by a justice who disagrees with the majority opinion of the Court
writ of certiorari
an order of the Supreme Court calling up the records of the lower court so a case may be reviewed; sometimes abbreviated cert.
senatorial courtesy
an unwritten custom by which the president consults the senators in the state before nominating a candidate for a federal vacancy there, particularly for court positions
reserve powers
"any powers not prohibited by the Constitution or delegated to the national government; powers reserved to the states and denied to the federal government"
intense preferences
beliefs and preferences based on strong feelings regarding an issue that someone adheres to over time
latent preferences
beliefs and preferences people are not deeply committed to and that change over time
Plessey v. Ferguson
brought the doctrine of "separate but equal"
Brown v. Board of Education
Case in which the Court ordered desegregation of schools
elite theory
claims political power rests in the hands of a small, elite group of people
pluralist theory
claims political power rests in the hands of groups of people
conference
closed meeting of the justices to discuss cases on the docket and take an initial vote
social capital
connections with others and the willingness to interact and aid them
John Marshall
Fourth chief justice, defined modern court, clarifying its power and strengthening its role. Servced for thirty-four years. Ruled in Marbury v. Madison
toll good
good that is available to many people but is used only by those who can pay the price to do so
public goods
goods provided by government that anyone can use and that are available to all without charge
private goods
goods provided by private businesses that can be used only by those who pay for them
common goods
goods that all people may use but that are of limited supply
court of appeals
he appellate courts of the federal court system that review decisions of the lower (district) courts; also called circuit courts
political power
influence over a government's institutions, leadership, or policies
amicus curiae briefs
"literally a "friend of the court" and used for a brief filed by someone who is interested in government; powers reserved to the states and denied to the federal government"
"Little Rock Nine"
nine black students escorted into an Arkansas high school in 1957 by federal troops per President Eisenhower's instruction; this was done to enforce the Supreme Court's order outlawing racial segregation in public schools
New Jersey Plan
plan that called for a one-house national legislature; each state would receive one vote
minority rights
protections for those who are not part of the majority
Obergefell v. Hodges
Same-sex couples have the right to marry in all states.
stare decisis
stand by things decide; the principle by which courts rely on past decisions and their precedents when making decisions in new cases
partisanship
strong support, or even blind allegiance, for a particular political party
Marbury v. Madison
the 1803 Supreme Court case that established the courts' power of judicial review and the first time the Supreme Court ruled an act of Congress to be unconstitutional
circuit courts
the appeals (appellate) courts of the federal court system that review decisions of the lower (district) courts; also called courts of appeals
idealogy
the beliefs and ideals that help to shape political opinion and eventually policy
dual court system
the division of the courts into two separate systems, one federal and one state, with each of the fifty states having its own courts
Articles of Confederation
the first basis for the new nation's government; adopted in 1781; created an alliance of sovereign states held together by a weak central government
Bill of Rights
the first ten amendments to the U.S. Constitution; most were designed to protect fundamental rights and liberties
chief justice
the highest-ranking justice on the Supreme Court
solicitor general
the lawyer who represents the federal government and argues some cases before the Supreme Court
trial court
the level of court in which a case starts or is first tried
docket
the list of cases pending on a court's calendar
government
the means by which a society organizes itself and allocates authority in order to accomplish collective goals
common law
the pattern of law developed by judges through case decisions largely based on precedent
original jurisdiction
the power of a court to hear a case for the first time
appellate jurisdiction
the power of a court to hear a case on appeal from a lower court and possibly change the lower court's decision
judicial review
the power of the courts to review actions taken by the other branches of government and the states and to rule on whether those actions are constitutional
veto
the power of the president to reject a law proposed by Congress
enumerated powers
the powers given explicitly to the federal government by the Constitution (Article I, Section 8); power to regulate interstate and foreign commerce, raise and support armies, declare war, coin money, and conduct foreign affairs
precedent
the principles or guidelines established by courts in earlier cases that frame the ongoing operation of the courts, steering the direction of the entire system
politics
the process by which we decide how resources will be allocated and which policies government will pursue
natural rights
the right to life, liberty, and property; believed to be given by God; no government may take away
separation of powers
the sharing of powers among three separate branches of government
Supremacy Clause
the statement in Article VI of the Constitution that federal law is superior to laws passed by state legislatures
district courts
the trial courts of the federal court system where cases are tried, evidence is presented, and witness testimony is heard
Anti-Federalists
those who did not support ratification of the Constitution
Federalists
those who supported ratification of the Constitution
oral argument
words spoken before the Supreme Court (usually by lawyers) explaining the legal reasons behind their position in a case and why it should prevail
13th Amendment
effectively outlawed slavery in the United States
14th Amendment
introduced equal protection clause to all citizens and extended due process clause of Fifth Amendment; also defined citizenship at national and state levels
15th Amendment
stated people could not be denied right to vote based on "race, color, or previous condition of servitude"
Dred Scott v. Sandford
1857 case in which Dred Scott argued that, because he had spent time in free states and territories as a slave, his temporary residence in those pleaces made him a free man. The Supreme Court rejected this. Scott lacked the standing (citizenship) to even appear before the court.
Elks v. Wilkins
1868 case in which Supreme Court decided Fourteenth Amendment did not grant citizenship to Native Americans
Mendez v. Westminster
1947 case in which the Court of Appeals for the Ninth Circuit Court held that the segregation of Mexican and Mexican American students into separate schools was unconstitutional
Shelley v. Kramer
1948 case in which Supreme Court that while covenants requiring tenants to sign papers agreeing not to sell to other races/religions did not violate the Fourteenth Amendment, the provisions could not be enforced by courts.
Harper v. Board of Elections
1966 case in which Supreme Court declared that requiring payment of a poll tax in order to vote in an election on any level was unconstitutional
Shelby County v. Holder
2013 case in which Supreme Court ruled that states no longer needed federal approval to change laws and policies related to voting
Stonewall Inn
a bar in Greenwich Village, New York, where the modern Gay Pride movement began after rioters protested the police department treatment of the LGBT community there
comparable worth
a doctrine calling for the same pay for workers whose jobs require the same level of education, responsibility, trining, or working conditions
coverture
a legal status of married women in which their separate legal identities were erased
white primaries
a primary election in which only whites are allowed to vote
equal protection clause
a provision of the Fourteenth Amendment that requires the states to treat all residents equally under the law
Chicano
a term adopted by some Mexican American civil rights activists to describe themselves and those like them
civil disobedience
an action taken in violation of the letter of the law to demonstrate that the law is unjust
poll tax
annual tax imposed by some states before a person was allowed to vote
direct action
civil rights campaigns that directly confronted segregationist practices through public demonstrations
civil right - civil liberty (definition and distinction between the terms)
"Civil rights: at most fundamental level, guarantees by the government that it will treat people equally
Civil liberty: limitations on government power designed to protect our fundamental freedems"
Thomas Jefferson
Drafted Constitution; slaveowner
hate crime
harassment, bullying, or other criminal acts directed against someone because of bias against that person's sex, gender, sexual orientation, religion, race, ethnicity, or disability
"glass ceiling"
invisible barrier caused by discrimination, preventing women from rising to the highest levels of American organizations
the "black codes"
laws passed immediately after the Civil War that discriminated against freed slaves and other blacks and deprived them of their rights
LULAC
League of United Latin American Citizens; formed in 1929 to protest against discrimination and to fight for greater rights for Latinos
USA DREAM Act
proposal for granting undocumented immigrants permanent residency in stages
de facto segregation
segregation resulting from choices of individuals to live in segregated communities without government action or support
de jure segregation
segregation that results from government discrimination
Jim Crow laws
state and local laws that promoted racial segregation and undermined black voting rights in the south after Reconstruction
understanding tests
tests requiring prospective voters in some states to be able to explain the meaning of a passage of text or to answer questions related to citizenship; often used as a way to disenfranchise black voters
literacy tests
tests that required the prospective voter in some states to be able to read a passage of text and answer questions about it; often used as a way to disenfranchise racial or ethnic minorities
Trail of Tears
the name given to the forced migration of the Cherokees from Georgia to Oklahoma in 1838-1839
American Indian Movement (AIM)
the Native American civil rights group responsible for the occupation of Wounded Knee, South Dakota, in 1973
Reconstruction
the period from 1865 to 1877 during which the governments of Confederate states were reorganized prior to being readmitted to the Union
Equal Rights Amendment (ERA)
the proposed amendment to the Constitution that would have prohibited all discrimination based on sex
grandfather clause
the provision in some southern states that allowed illiterate whites to vote because their ancestors had been able to vote before the Fifteenth Amendment was ratified
disenfranchisement
the revocation of someone's right to vote
Title IX
the section of the U.S. Education Amendments of 1972 that prohibits discrimination in education on the basis of sex
intermediate scrutiny
the standard used by the courts to decide cases of discrimination based on gender and sex; burden of proof is on the government to demonstrate an important governmental interest is at stake in treating men differently from women
strict scrutiny
the standard used by the courts to decide cases of discrimination based on race, ethnicity, national origin, or religion; burden of proof is on the government to demonstrate a compelling governmental interest is at stake and no alternative means are available to accomplish its goals
rational basis test
the standard used by the courts to decide most forms of discrimination; the burden of proof is on those challenging the law or action to demonstrate there is no good reason for treating them differently from other citizens
affirmative action
the use of programs and policies designed to assist groups that have historically been subject to discrimination
"white flight"
White people fleeing from cities to suburbs to avoid schools integrating through use of busing
Magna Carta
1215 document King John signed promising his subjects that he and future monarchs would refrain from certain actions that harmed, or had the potential to harm, the people of England.
Seneca Falls Convention
1848 convention held by Elizabeth Cady Stanton and Lucretia Mott during which the Declaration of Sentiments was drafted
Indian Reorganization Act
1934 act which ended the division of reservation land into allotments and returned to Native American tribes the right to institute self-government on reservations, write constitutions, and manage remaining land and resources. Also provided funds for Native Americans to start their own businesses and attain a college education
Korematsu v. U. S.
1944 case in which Fred Korematsu challenged the right of the government to imprison law-abiding citizens. The Supreme Court upheld the actions of the government as a necessary precaution in a time of war
Americans with Disabilities Act
1990 act that greatly expanded opportunities and protections for people of all ages with disabilities
In which of the following federal circuit court of appeals is the City of Beaumont, TX located?
5th
The most common way for a case to come before the Supreme Court is by
a writ of certiorari
en banc
all judges in circuit hear a case together
Which of the following terms is used to describe a brief that is filed by a group or an individual who is interested in the outcome of a case but one who is not a party to the case?
an amicus curiae brief
Arizona v. U. S.
Arizona appealed case decision in which argued that immigration law is exclusively in the federal domain
Which article of the Constitution outlines the structure of the federal court system?
Article III
Thurgood Marshall
Attorney who represented Linda Marshall and first black justice of United States Supreme Court
Article VI
Contains Supremacy Clause; forbids use of religioius tests to determine eligibility for public office
Alexander Hamilton
Contributed to the Federalist Papers; suggested executive power be entrusted to a single individual; wrote details about the federal judiciary in Federalist No 78
James Madison
Contributed to the Federalist Papers; warned agains the dangers of "factions"; refused to deliver commission documents as requested by Marbury. Supreme Court Chief Justice John Marshall ruled in Madison's favor.
John Roberts
Current US Supreme Court Chief Justice
John Locke
English political philosopher of the seventeenth century who believed all people have natural rights to life, liberty, and property
Article I
Establishes structure of three branches and explains Congress rights; postponed abolition of foreign slave trade until 1808 and allowed those in slaveholding states to import as many slaves as they wished
Article II
Executive structure and rights
C. Wright Mills
foremost supporter of elite theory and author of The Power Elite
Judiciary Act of 1789
framework for today's federal judicial system established in the first session of the first U.S. Congress
economic equality
idea promoted with socialism
Who is the current Chief justice of the U.S. Supremem Court?
John Marshall
Article III
Judicial structure and rights
The sphere of a court's power and authority to hear certain types of cases is called
jurisdiction
NAACP
National Association for the Advancement of Colored People, founded in 1909 by W.E.B. Du Bois, who argued for a more confrontational approach to securing African American rights
The Federalist Papers were written to
persuade people to support ratification of a new Constitution
Robert Putnam
Political scientist who argued that civic engagement is declining for a number of reasons, including incrased participation by women in the workforce, a decrease in the number of marriages and an increase in divorces, and the effect of technological developments separating people
selection of federal judges
president nominates a candidate to judgeship or justice position, and nominee must be confirmed by majority vote in U.S. Senate
federalism
relegates power between federal government and states
Article IV
Requires states to return fugitives, prevented slaves from gaining freedom by escaping to states where slavery had been abolished
liberty
restricting government's power over citizens' lives
According to the text, the doctrine of what requires courts to follow authoritative prior decisions when ruling on a case?
stare decisis
Article V
states where amendments can originate from, how they may be approved
jurisdiction
the ability of a court to hear a certain type of case
American political culture
The collection of public opinion through polling and interviews, etc.
political efficacy
the conviction that you can make a difference or that government cares about you and your views
Which of the following did the framer Alexander Hamilton call the "least dangerous branch" of government?
the judicial branch
19th Amendment
The rights of citizens to vote shall not be denied or abridged on account of sex
Which clause of the Constitution is most important in terms of the Supreme Court's decision in Marbury v. Madison?
the Supremacy Clause
Supreme Court
try cases arising under federal law
Shay's Rebellion
Uprising of Massetchusetts farmes led by Daniel Shays. The incident panicked the governor, who asked the national government for assistance. However, the government had no power to raise an army.
"auxiliary precautions"
checks and balances
"freedom of choice" plans
number of plans during 1965-1970 aimed at integration of schools in states that had a segregated educational system
Which constitutional amendment abolished slavery?
13th
Which of the following Supreme Court cases overturned state bans against same-sex marriage?
Obergefell v. Hodges
Which constitutional amendment gave women the right to vote?
19th
The Seneca Falls Convention directly concerned:
the rights of women
Laws that discriminate based gender or sex are generally examined by the Supreme Court with:
intermediate scrutiny
According to the video lecture, a major step taken toward the desegregation of public schools after Brown v. Board of Education was:
busing children from poor urban school districts to wealthier suburban ones
According to the text, what is the major distinction between civil liberties and civil rights?
Civil liberties involve freedom from government intervention and civil rights are guaranteed by government.
Which of the following best describes a "Jim Crow" law?
one that segregates the races in public school
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