Upgrade to remove ads
Only $2.99/month

Political science 2302 Test 1 Craig Tahaney

Terms in this set (78)

Federalism
system of government in which entities such as states or provinces share power with a national government.
speration of powers
Dividing government power among legislative, executive, and judicial branches
Anti Federalists
wanted strong, state government and feared the national government would have too much power
Federalists
wanted strong, central (national) government
original jurisdiction
the court that hears the case first and where it originates (comes from district level)
appellate jurisdiction
the power of a higher court to review and revise a lower court's decision
judicial review
ability to take a law and examine/compare it to the constitution
bill of rights
first 10 amendments of constitution
seperate but equal
racially segregated but ostensibly ensuring equal opportunities to all races.
strict scrutiny
strict test and form of judicial review that that makes sure that a law isn't discriminated based on race
For a test to be in strict scrutiny is has to meet 3 requirements
compelling government interest, narrowly tailored to meet interest, least restrictive means
supremacy clause
all laws of national government and constitution is the supreme law of land
stare decisis
let the decision stand
due process clause
process that which you are due by the government
john marshall
John Adam's secretary of state that was responsible for delivering commissions to the new judges
Article III
- Judicial branch
- Creates the supreme court
- gives congress the authority to create lower courts
Seneca Falls Convention
delegates that attended wanted to advance political and social rights for women
Mendez V Westminister
outlawed school segregation and was a precedent for Brown v Board of Education
involving foreign ambassadors and between states
The supreme court has original jurisdiction in 2 types of cases:
Shay's Rebellion
armed uprising led by Daniel Shay due to economic reasons; led that there needed to be a change in our current constitution ( He borrowed money from Massachusetts and could not pay it back)
Article I
- Power of Congress
- Bicameral legislature
-HOR; 2 year terms and generate funding
-Senate; 6 year term and approve presidential appointments
Supremacy clause; Constitution is SUPREME
19th amendment
woman can vote
actual case or controversy, parties must have standing, cannot be mootness
For a supreme court to hear your case:
Plessy v. Ferguson
African American who challenged jim crow laws in public transportation; separate but equal clause was created from this case
Article II
Executive Branch and Presidential powers
new jersey plan
representation by equal representation
Brown v Board of Education
Man wants to enroll his black girls to an all white school because it is closer. He sues and the supreme court overturns stare decisis, separate but equal, and says they can go to equal school if they are truly equal (Separate is unequal)
three fifths compromise
every 5 slaves = 3 free persons
Judicial Review
What was created from Marbury V Madison?
virginia plan
representation by population
Articles of Confederation
-First constitution, very weak
- States retained power
-no army, no president and weak national gov
- led to shays rebellion
Lawrence v TX
case about consensual homosexual activity whether it is legal or not
separate but equal
What was created from Plessy v Ferguson?
Expressed powers, necessary and proper clause, supremacy clause
What was located in Article I of Constitution?
Marbury v Madison
created judicial review; Judge did not receive commission after being appointed; supreme court ruled that judiciary act of 1789 and and constitution contradicts itself
- marbury loses and Madison win
Dred Scott v Sandford
Slave who escaped to illinois and supreme court ruled that slaves were property, not people
Americans with Disabilities Act
guarantees equal employment rights for disabled americans
Article V
Amending the Constitution
Judiciary Act of 1789
The act Marbury used to go directly to the supreme court in Marbury v Madison
Judiciary Act of 1801
Law that the Federalist Congress passed to increase the number of federal courts and judicial positions; President John Adams rushed to fill these positions with Federalists before his term ended
Loving v. Virginia
1867 court case that declared all laws against interracial marriage unconstitutional
13th amendment
abolished slavery
Swann v CMISD
Supreme court approved bussing as a means to integrate the schools
Civil Rights Act of 1964
outlawed discrimination based on color, religion,race national origin and veteran status
civil law
dispute between individuals and/or companies that do not include criminal acts
Reed v Reed
Gender discrimination violates the equal protection clause of the Constitution
Federalist papers
A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name "Publius" to defend the Constitution in detail.
prosecution (criminal case)
the government
plaintiff (civil law)
person who brings lawsuit
John Roberts
Chief Justice of the Supreme Court
Voting Rights Act of 1965
conditions on ability to vote are banned
appellate court
the court that has the ability to hear the appeal (circuit and supreme)
Jurisdiction
The authority of a court to hear a case
defendant (criminal case)
person accused of the crime
US v. Wong Kim Ark
Supreme Court Case which supported a native born American's right to citizenship regardless of a parent's nationality
3 types of courts
District, circuit, supreme
Equal rights amendment
declared full constitutional equality for women.
Connecticut Compromise (Great Compromise)
-Virginia/New Jersey Plans combined; modern system
-Senate (equal)
-HOR (population)
criminal law
involves act that are criminal in nature
writ of certiorari
4 supreme court justices have to agree to hear your case
NAACP
-National Association for the Advancement of Colored People
-interest group that advocates for African Americans
defendant (Civil law)
person being sued
LULAC
The League of United Latin American Citizens was a middle-class Mexican American civil rights organization founded in Texas in 1929. It focused on ending segregation in housing, public facilities and schools.
what circuit is Texas in
5th
Sweatt v. Painter
uphold the equal portion in separate but equal
14th Amendment
equal protection
15th amendment
African Americans can vote
Women's rights movement
an organized effort to improve political, legal and economic status of women in American society
Case Precedent
prior court cases that deal with same facts/law as current case (both criminal and civil)
Executive Branch
Enforces laws
SCOTUS Procedures
1.Writ of Certiorari
2.Brief - facts and law of your case
3.Oral arguments
4.Write the opinion - law
Chinese Exclusion Act
children born of Chinese immigrants cannot be citizens even if born in america
Deceleration of Independence was not a
constitution
Deceleration of Independence
John Locke; Natural/Inalienable rights
not a constitution
grievances
Second Constitutional Convention
federalist and anti-federalist
*Adopted federalist idea
French and Indian War
-Britain defended
- lots of debt = taxes
-Britain grants a monopoly on the export of tea to east India company (British company)
How do you get to Court?
1. Actual case or controversy (no advisory opinions)
2. Parties must have standing
3. Case must be ripe for review (not moot)
Britain granting a monopoly on the export of tea to east inda company (british company) lead to
The Boston Tea Party
1. Britain closed the port of boston
2. Trials were held in England
THIS SET IS OFTEN IN FOLDERS WITH...