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1920 GOPO All Terms First Semes
Terms in this set (104)
You really should put these terms in your own words in order to study them effectively.
You really should put these terms in your own words in order to study them effectively.
Government or business policies favoring a historically disadvantaged minority group (university admissions, hiring decisions); raises 14th Amendment equal protection problems (reverse discrimination); limited by Bakke v. University of California (race can be "plus factor" in admissions but no racial quota system)
A set of basic, foundational values and beliefs about government that is shared by most citizens. Key elements: democracy, equality before the law, limited government, capitalism & private property
American Political Culture
Major anti-discrimination law for disabled; requires access (ramps, braille, etc.); unfunded mandate
Americans With Disabilities Act (1990)
A group who opposed the ratification of the Constitution in 1787. They opposed a strong central government (tyranny) and supported states' rights.
Set up the 1st independent American government (1783-88). Nonbinding "league of friendship" among sovereign states with weak central government to help with common defense & cooperation (like the European Union). Replaced by our current constitution in 1788.
Articles of Confederation
Money given to the states by the federal government for a general purpose (like education or road-building). Unlike categorical grants, states have discretion to decide how to spend the money.
This ruling on free speech created a two-part test: first, speech can be prohibited if it is "directed at inciting or producing imminent lawless action" and second, it is "likely to incite or produce such action." A KKK leader, the plaintiff gave a speech at a rally that said they should bring violence to anyone that is opposed to segregation. Ohio said it was "advocating a crime" and put him in jail. The Court ruled in his favor, saying that it was not inciting a riot and it was not likely to produce a riot or a crime.
Brandenburg v. Ohio 1969
Money given to the states by the federal government for a specific purpose or program. The federal government tells the states exactly how to spend the money (no state discretion unlike block grants). Example = Medicaid. Most common type of federal aid because it gives Congress the most control over the states.
A major principle of the American system of government. Helps maintain separation of powers so that no one branch gets too powerful. Explained in Federalist 51. Examples: President vetos laws; Senate confirms appointments & treaties; Congress impeaches president & judges...
Checks and Balances
Intentional breaking of a law to protest against the law. Thoreau vs. Mexican-American War, Rosa Parks & MLK vs. Jim Crow segregation.
Prohibits discrimination based on race or gender in employment or public accommodations (restaurants, hotels). Created EEOC to enforce. Based on Congress's interstate commerce clause power (discrimination impacts interstate commerce). The most important federal law of its type.
Civil Rights Act of 1964
Used in Schenck v. US (1919) to determine whether speech is unprotected "incitement" to illegal activity.
Clear & Present Danger Test
Art. 1, Sec. 8 of the Constitution (enumerated power). Congress has the power to regulate trade with foreign nations, among the several states, and with the "Indians". Interpreted by the Supreme Court very broadly (Gibbons v. Ogden)
Nonbinding union of sovereign states (example = European Union or America's government before the Constitution)
Power to tax, borrow & coin money, regulate foreign & interstate commerce, establish army, declare war, make all laws necessary & proper for carrying out the these powers (elastic clause)
Congress' Enumerated Powers (aka Expressed Powers aka Delegated Powers)
Solves big state-little state debate over representation in federal legislature at Philly Convention. Created bicameral legislature with equal representation for states in Senate and proportional representation in House (seats based on population).
A nation's basic law, creates political institutions, assigns or divides power in government and often provides certain guarantees to citizens. Can be written or unwritten.
System of federalism where federal & state governments help each other perform governmental duties. Also known as marble-cake federalism.
Thomas Jefferson's statement of political liberalism (limited government to protect life liberty and pursuit of happiness; right to revolution). Problems listed we had with King George
Declaration of Independence
False and malicious (mean) writings ("libel") or speech ("slander") about a living person. Not protected speech under 1st Amendment but check out NY Times v. Sullivan (very difficult for "public figures" to prove it)
Federal law defining marriage as man-woman & declaring that no state is forced to recognize same-sex marriage (unconstitutional exception to full faith & credit clause?) Overturned by Obergefell v. Hodges in 2015
Defense of Marriage Act (1996)
The lifting of government rules & restrictions on business, industry, and professional activities; major goal of Republicans
returning power to the states from the federal government.
The effort to reduce the size & power of the federal government by returning power to the states. Associated with economic conservatives, President Reagan In the 80s & the Tea Party.
The defendant was an ex-cop who owned a handgun, but that was illegal in DC. He took DC to Federal District Court and won, but DC appealed it. That's why it went from Heller v. DC to DC v. Heller. The Supreme Court ruled by overturning the District of Columbia's handgun ban, the court ruled that the Second Amendment protects the individual right to own a gun for private use — not only in connection with service in a militia.
District of Columbia v. Heller 2008
When policymaking institutions of government (President, Senate, House) are divided among the parties (e.g., Democratic President, Republican Congress). Requires more compromise; can lead to gridlock.
Established by McCulloch v. Maryland. Congress has the power to make all laws that are "necessary and proper" for carrying out its enumerated powers. So it can create a National Bank to carry out its power to coin money. Major cause of growth of federal power.
Doctrine of Implied Powers
Compromise gay policy in military from 1993; finally ended by Obama in 2011.
Don't Ask Don't Tell
Concerning a slave who had lived for a time with his "master," an army surgeon, in the Free State of Illinois and at Fort Snelling, then in Wisconsin Territory where slavery had been prohibited. The plaintiff claimed that his residency in a free state and a free territory had made him free. Seven justices agreed on one point - that the plaintiff remained a slave. They said that he was "chattel" (property) and therefore he doesn't have the right to sue.
Dred Scott v. Sanford 1857
System of federalism that strictly separates federal power (ex. foreign relations) and state power (ex. protect against crime). Also known as "layer-cake federalism."
Belief that American democracy is a sham; we really live in a plutocracy. The Constitution was written by rich white men for rich white men. Put forward by Charles Beard.
Elite Theory (aka Elitism)
At issue was the use of peyote (a mild hallucinogenic drug) by Native Americans, as part of their traditional worship service. They were refused unemployment benefits from the state of Oregon because they were fired after failing a drug test. The Court ruled that the Free Exercise Clause does not apply to laws that are aimed at general behavior rather than at specific religions so the plaintiff won.
Employment Division of Oregon v. Smith 1990
In New York, a principal was reading a non-denominational prayer over the PA system each day at school. The plaintiff sued saying that it was a violation of his son's First Amendment right against the establishment of an official religion. Banned organized prayer in public schools as a violation of the First Amendment's injunction that "Congress shall make no law respecting an establishment of religion." Hugo Black cited Jefferson's "wall of separation" for support in dealing with Establishment Clause cases.
Engle v. Vitale 1962
Proposed constitutional amendment requiring full equal treatment for men and women (ex. allow women special forces). Proposed by Congress in 1972 but never ratified.
Equal Rights Amendment (ERA)
1st Amendment clause: Congress cannot make a religion. Judged by the Lemon test
Laws that punish conduct that was not illegal when it was performed. These laws are always unconstitutional. Also known as a retroactive law.
Ex Post Facto Laws
Evidence obtained in violation of 4th Amendment is not admissible in criminal trial. (Weeks v. U.S., Mapp v. Ohio)
Commander-in-chief of armed forces; pardon power (except for impeachment); treaty power; appointment power; veto power
Executive Enumerated Powers
A system of government in which power is divided between one central government and several regional governments (dual or cooperative). Used in USA and a few other countries. Most countries have unitary (the opposite of this type) governments.
Paper regarding the danger of factions
Paper regarding the need for separation of powers and checks and balances
Written in 1788 by Madison, Hamilton, and Jay to support ratification of the Constitution.
Supporters of the new constitution in 1787. Supported a strong central government. Became first political party (vs. Jefferson's Democratic-Republicans)
Article V; the (very difficult) process of adding or deleting words to the constitution (27 times since 1788); propose by 2/3 vote of Congress or Constitutional Convention (never used); ratify by 3/4 vote of state legislators or state convention (only used once)
Formal Amendment Process
1st Amendment clause; Government cannot make a law prohibiting the way one practices their religion. Beliefs are 100% protected, but religious practices are not exempt (doing something for religious purposes doesn't make that thing legal) (ex., polygamy & illegal drugs)
Free Exercise Clause
1st Amendment clause; Congress can make no law abridging freedom of speech (including symbolic speech); Gitlow v. NY incorporates clause into 14th Amendment.
Free Speech Clause
States must recognize laws & judicial decisions of other states (ex., marriage, child support payments driver's licenses); public policy.
Full Faith & Credit Clause
Belief / observation that women are more likely to support Democratic / liberal candidates & issues than men. Women are more likely to support spending on welfare & education, and to oppose higher levels of military spending.
The drawing of district boundaries by the state legislature to benefit a party, group, or incumbents. Major types are political & racial. (racial type is illegal)
Commerce clause case (1824). Decision greatly enlarged Congress' interstate commerce clause power by broadly defining the meaning of "commerce" to include virtually all types of economic activity. About which ferry can have a monopoly in the harbor (state or federal?)
Gibbons v Ogden
Helps lead the way to Miranda v. Arizona in 1966. The plaintiff was denied a court appointed attorney in a non-capital case. He defended himself. Eventually he was granted an appeal to the Supreme Court. The Court held that the due process clause of the 5th and 14th amendments meant that a court appointed attorney was constitutionally guaranteed.
Gideon v. Wainwright 1963
A socialist citizen was arrested for advocating the violent overthrow of the government. In the case, the Court announced that freedoms of speech and press "were fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from impairment by the states." He was found innocent. Thus, the case was the first step in the judicial development of selective incorporation, which extends protection of civil liberties from infringement by States.
Gitlow v. New York 1925
Jim Crow era state laws that discouraged African Americans from voting by saying that if your grandpa couldn't vote, then neither can you. The newly-freed slaves' grandpas couldn't vote, so neither could they. Declared unconstitutional in 1915.
Connecticut maintained a law, passed in 1879, that made it illegal to use anything to "prevent conception." The state had never prosecuted any doctors under the law, but in 1961, acting on a complaint filed against Planned Parenthood, the state arrested the plaintiff, the director of its New Haven clinic. She admitted guilt and was fined $100 for giving contraceptives (birth control pills) to married couples. She appealed to the Supreme Court. The Court ruled in a favor of the plaintiff because the government had violated the patient's privacy in finding out about the transaction. This doctor/patient privacy is the standard that kept abortion legal in some states.
Griswold v. Connecticut 1965
The right to challenge the legality of your detention by government (to have a judge determine whether or not the government can detain you). This right can be temporarily suspended by Congress in times of rebellion or unrest. (Lincoln suspended it during the Civil War)
The Court held that the Commerce Clause allowed Congress to regulate local incidents of commerce. The Court thus concluded that places of public accommodation had no "right" to select guests as they saw fit, free from governmental regulation. Since commerce was taking place at the place of business of the plaintiff, the Civil Rights Act (a federal law) applied to their serving people equally.
Heart of Atlanta Motel v. U.S. 1964
Belief that government is paralyzed by too many interest groups demanding things too many things from government. Government is designed to become gridlocked.
Changing the meaning of the Constitution without changing the actual words (which requires a formal amendment through Article V process). Examples = Supreme Court opinions, laws, traditions.
Informal Amendment Process
Era in the South after Civil War (1865) until 1950s. African Americans were freed from slavery and could legally vote (Amendments 13, 14, 15) but were still subjected to discriminatory state laws enforcing segregation and kept from voting by laws (ex. poll taxes, literacy tests) and by violence (KKK)
Jim Crow Era
Father of political liberalism (limited government to protect life liberty & property; right to revolt if government becomes a tyranny); he greatly influenced Jefferson & the Declaration of Independence.
The power of the Supreme Court to declare laws and actions of local, state, or national governments unconstitutional. Established in Marbury v. Madison
The right & power to make decisions in a particular area. Federal courts are courts of limited jurisdiction.
Japanese American citizens were interned (jailed) during WWII because they were seen as a threat. This case upheld the constitutionality of internment as a legitimate exercise of power during wartime. In 1988 Congress decided to issue a public apology and to pay some money to the 60,000 surviving internees
Korematsu v. US 1944
It brought about the Lemon Test (a way to decide if tax dollars can be given to private schools). It basically said that public funds could go to private schools as long as it is not being used to promote one religion (Establishment Clause). So, we can pay for Science teachers, but not for Bible Class teachers.
Lemon v. Kurtzman 1971
A method to deny blacks right to vote during the Jim Crow Era by requiring reading or civics test in order to vote. Rationale: only the educated should vote. Prohibited by the Voting Rights Act of 1965.
The act of trying to influence a politician or bureaucrat. Usually done by highly paid insiders with access to people in power. Major weapon of corporate interest groups.
1961 case incorporating 4th Amendment (and exclusionary rule) into 14th Amendment (Due Process Clause)
Mapp v Ohio
Case that founds the power of judicial review: the power of the Supreme Court to declare laws and actions of local, state, or national governments unconstitutional.
Marbury vs. Madison
Establishes doctrine of implied powers (Congress can create a national bank because it is necessary & proper to carrying out the enumerated power to coin money); (2) Supremacy clause prevents state (Maryland) from taxing the National Bank.
McCulloch v. Maryland (1824)
Required that arresting officers notify a suspect that "you have the right to remain silent..." and that the suspect has the right to the presence of an attorney during questioning.
Miranda v. Arizona 1966
The plaintiff published a scandal sheet in Minneapolis, in which he attacked local officials, charging that they were implicated with gangsters. The state officials obtained an injunction to prevent the plaintiff from publishing his newspaper under a state law that allowed such action against periodicals. The Court called this "prior restraint", which means that they were restraining the paper from its freedom of speech before it actually spoke (was published) and ruled in favor of the plaintiff.
Near v. Minnesota 1931
Gives congress the power to do anything that it has to do to carry out an enumerated power. Also known as the "elastic clause."
Necessary and Proper Clause
Plan at Philadelphia Convention for equal representation in new Congress (1 state 1 vote). Also known as "small state plan." Opposite of the Virginia "big state" Plan. Becomes basis of representation in the Senate.
New Jersey Plan
Shielded the press from vindictive libel suits from public figures. Made it harder for public figures to sue the press for libel. The public figure must have the "high burden" of proving that statements about them were not simply overstated, but were published with "reckless disregard" for the truth.
New York Times v. Sullivan 1964
Law responding to 9/11. Expands anti-terrorist powers (wiretapping, surveillance); 4th Amendment concern for civil liberties. Led to a growth of power of the NSA (National Security Agency)
Patriot Act (2001)
The major pro choice lobby in the US sued the state of Pennsylvania (represented by the defendant).The Court upheld a Pennsylvania law mandating informed consent and a twenty-four hour waiting period before an abortion could be preformed.
Planned Parenthood v. Casey 1992
The plaintiff was of mixed race and tried to ride a train that was for whites only. He was thrown off and then sued the train company owner, the defendant. At issue was Louisiana's law mandating racial segregation: was it a violation of the privileges and immunities and the equal protection clauses of the 14th Amendment? The justices based their decision on the separate-but-equal doctrine that separate facilities for blacks and whites were constitutional so long as they were equal.
Plessy v. Ferguson 1896
Belief that American political system basically works; competing interest groups all get heard at different times and places in government.
A committee set up by a corporation or interest group to raise and funnels money to political candidates. Donation amounts to them are limited by FECA rules (hard money).
Political Action Committee
The process by which individuals acquire (absorb) a sense of political identity (beliefs & behaviors). Key agents include family, media, peers.Process can be informal (family) or formal (school)
A decision in a previous court case that is used as the basis for a decision in a similar case.
Government censorship of written material (preventing publication). Almost impossible due to 1st Amendment (only when major threat to national security).
Literal meaning of 5th & 14th clauses: Government cannot deprive you of life, liberty or property without holding certain procedures (trial, lawyer, right to question witnesses).
Procedural Due Process
A federal law that prohibited polygamy (multiple wives) was challenged based on the Free Exercise Clause. Did the law violate the right to the free exercise of religious beliefs by prohibiting this practice? The Court said no, holding that an individual's religious beliefs are no defense to the application of a general law.
Reynolds v. US 1879
The plaintiff wants and abortion in Texas. It is illegal there. She sues Texas (represented by State's Attorney the defendant). Based on precedents like Griswold, it struck down laws prohibiting abortion during the first trimester of pregnancy. The Court continued to uphold the ruling for the plaintiff, while allowing various restrictions. It let the states decide for banning second trimester abortions and made third trimester abortions illegal.
Roe v. Wade 1973
This case concerns the First Amendment protection of Freedom of Speech. The decision upheld the convictions of the plaintiff and another defendant for violation of the Espionage Act during WWI because they were handing out flyers telling American citizens to not sign up for the army. Later, people have equated the ruling as the same thing as falsely shouting fire in a theatre...". Holmes also wrote that the real question comes down to whether the words spoken present a "clear and present danger...".
Schenck v. US 1919
The principle of dividing governmental powers among different branches of government to protect against tyranny (Federalist 51).
Separation of Powers
Blocks "racial gerrymandering."
Shaw v. Reno 1993
Failed rebellion in 1786 by poor farmers in MA against state government & banks that were taking their farms. Showed how weak the Articles of Confederation government was vs. threats to private property and order. Major factor in creation of Constitutional Convention in 1787
The Federal constitution, laws, and treaties are the supreme law of the land. States cannot interfere with federal power (ex. McCulloch v. Maryland).
Affirmed the Constitutional First Amendment protection of protesters to burn the American Flag. Burning the flag is "protected speech" and "symbolic speech". Interestingly, President George H. W. Bush asked for an amendment to make flag burning illegal.
Texas v. Johnson 1993
The plaintiff and her brother were suspended from Harding Junior High in 1965 when she and the others wore black armbands to school to protest the war in Vietnam. The Court held that students were entitled to the First Amendment protections of free speech and that an armband was protected because it was "symbolic speech."
Tinker v. Des Moines 1969
Major anti-gender discrimination law that applies to universities and schools that accept federal funding. Controversial because many universities cut male sports programs so as not to violate it.
Title IX (Title 9)
President cannot use executive privilege as an excuse to withhold evidence in impeachment process. Led to the president's resignation.
U.S. v. Nixon
Federal laws that require the states to do things without providing the money to do so. Examples: ADA, NCLB
A state ruled by one central government. This is the system used by most countries. Compare with federal state.
The supreme law of the land. Written in 1787 at Philadelphia Convention to replace Articles of Confederation and create stronger central government.
Also known as the Big State Plan. Wanted proportional representation in Congress (based on population).
Federal law protecting against racial discrimination in voting. Major accomplishment of civil rights movement vs. Jim Crow. Bans all discriminatory voting procedures.
Voting Rights Act (1965)
Nixon's "friends" broke into Democratic National Committee HQ during 1972 election, then Nixon tried to cover up White House involvement. Example of media muckraking. Led to resignation of Richard Nixon.
In a federal prosecution the Fourth Amendment bars the use of evidence secured through an illegal search at the federal level. This will set the precedent for Mapp v. Ohio.
Weeks v. US 1914
A form of restricting African American's 15th Amendment rights during the Jim Crow Era by only allowing whites to vote in the primary elections; giving African Americans only the opportunity to vote for white racist A or white racist B.
Most common state system for allocating electoral college votes (candidate with the most votes wins all of the electoral votes of that state). Used in all but 2 states. Maximizes states' influence in electoral process but completely ignores votes for losing candidates (undemocratic).
Winner-Take-All System (Electoral College)
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