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American Government Test 2
Terms in this set (44)
The influence of the 14th Amendment on the Bill of Rights
The 14the amendment applied the Bill of Rights to the states by what is called the Incorporation Theory
-restraints placed upon the actions of the government against individuals
-an example is the extension of the Bill of Rights to the states
applies the Bill of Rights to the states
2 parts of freedom of religion guaranteed in the Bill of Rights
-Lemon v. Kurtzman (direct state aid cannot be used for religious instruction)
"Wall of separation" between church and state. They can't establish a church of any sort.
1. Aid has to be secular (school lunches)
2. Can't advance or inhibit religion
3. Can't excessively entangle the government with religion
Engel v. Vitale
Has to do with the school prayer. It promoted faith in general, not a specific religion. The Supreme Court said this was unconstitutional and they can't impose official prayers. So they came up with moments of silence at the beginning of school instead.
Religious displays on public property
Must be a part of a bigger display with non religious things (ex: nativity scene)
Free Exercise Clause and limits
Can government prohibit any kind of religious practice?
Yes if it works against public policy or public welfare. It can act against practices only.
No prior restraint
In a prior restraint, the govt restricts something before it happens. Supreme Court does not support this. The no prior restraint makes it difficult to carry out.
The people's right to know trumps government.
Affirms no prior restraint doctrine
Protections of symbolic speech
things like clothing, gestures, and movements
limits on subversive speech
-if your remarks present danger, they can be restrained
-bad tendency: if it might lead to some evil, govt can protect
-imminent lawlessness: can restrict speech if it is designed to produce imminent lawless action. this is very difficult to prove
clear and present danger test
limit on subversive speech; ex: yelling fire in a crowded movie theater.
Supreme Court definition of obscenity
if it violates the standards of community, lacks redeeming value, or obscene sexual content
defaming someone's character by making what you know is a false statement in speech
putting a false statement about someone in writing
rights of the accused
must be informed of rights upon request, confession cannot come from intimidation, has to have a probable cause,
-Writ of Habeas Corpus- the right to know what you did wrong
-right to a speedy trial
-no cruel or unusual punishement or double jeopardy
what is said to you when you get arrested. In the 60s, someone by the name Miranda was arrested and convicted but it was overturned because he wasn't told his rights. They must be said out loud.
13th, 14th, and 15th amendments as they relate to ending constitutional inequality for African Americas.
13th- abolishes slavery
14th- equal protection and due process
15th- right to vote
Plessy v. Ferguson
Plessy gets on a train and sits in the whites only car. He goes to court but the Supreme Court rejects it because segregation alone does not violate equal protection. Separation was considered okay as long as things are equal.
Voting barriers used against African Americans
-poll taxes: must pay a fee in order to vote
-Grandfather clause: restricted voting to people whose grandparents had voted before 1867
Brown v. Board of Education
Overturns the separate but equal doctrine. Segregation of schools is not allowed because it implies inferiority. This is what we think of as the beginning of the Civil Rights movement
Civil Rights Act of 1964
bans the discrimination of race
Voting Rights Act of 1965
Eliminates voting tests and taxes. It also says that in places where there is history of suppression, you have to get approval to change voting laws.
Bakke applied to the University of California Davis and was rejected. They took 100 students a year and 16 of those spots were for minority or disadvantaged students. The University was taken to court because it was found out that Bakke's educational records were better than the disadvantaged who were accepted. The Supreme Court ruled that he had to be accepted because their criteria for admission was unfair.
consensus and divided public opinion
public opinion- individual attitudes shared by some portion of the population expressed publicly.
consensus means means most people agree while divided means most disagree.
the ways people form political values and beliefs
influence on political socialization
family, peer groups, education, religious beliefs, media, opinion leaders
influence of media on public opinion
agenda setting- telling people what to think about
kinds of demographic factors that influence voting behavior
educational achievement, economic status, religious denomination, race & ethnicity, gender gap
problems with the 1936 Literary Digest Poll
It predicted that Landon would win overwhelmingly but the problem was that those who could afford the digest were not representative of the population. It was disproportionate and most couldn't even afford it.
how should polls be representative?
in terms of demographics- you want the numbers proportional.
difficulties in obtaining accurate results
It is a very large country. It is also expensive so getting more than 2,000 opinions is difficult. It is done through a phone call (called Robo call) so people without cell phones don't get calls and are not included. 85% of people refuse to participate so it takes 10,000 calls to get 1,000 people to participate.
why do people join interest groups?
3 ways: -solidary incentives: people like to be with others that share their same interests
-material incentives: you get material things
-purposive incentives: when someone feels strongly about an issue, they join to pursue goals
why do people not join interest groups?
"Free rider problem"- people will receive the benefits anyway so why join?
name a few types of interest groups
1) Economic: business-represent a certain industry, umbrella-represent a lot of different types, agricultural, labor, public employee, professionals
3) Public Interest Groups
techniques used by interest groups
-lobbying: meet with congressmen, testify, help draft legislation, provide information
-ratings: see how congressmen felt about certain issues, rate them, and then publicize them
-campaign assistance: give money, provide endorsements, provide political help
-generate public pressure
-use constituents to lobby
how have lobbyists been regulated?
must spend 20% of time lobbying, they must register, can't give gifts of over of $100
functions of political parties
-organize campaigns and other things
-develop alternative policies
-accept responsibility for running government
-organize opposition to the party in power
how are parties organized?
Organized like confederal systems. They have National Party Organization which has a convention every 4 years. It is essentially 3 days of advertising. It also develops party platforms which is their stance on issues.
when the congress and the presidency are controlled by opposing parties
voter splits the votes among different parties which leads to a divided government
why has the 2-party system endured? (6 reasons)
1) historical foundations
2) political socialization
3) winner take all system
4) state and federal laws
5) role of minor parties
6) rise of independents
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