Gov Flashcards
1
Q
Autocrat
A
Dictator, despot
Ruler with absolute power
2
Q
Bands
A
Small group of families in an area
3
Q
Bourgeoisie
A
Rich property owner takes advantage of workers
4
Q
Bureaucracy
A
System of departments
5
Q
Code of Hammurabi
A
First law
6
Q
Communism
A
Gov own means of production, share things
7
Q
Economy
A
Ways society makes, distributed, consumer goods n services
8
Q
Enlightened despots
A
Benefit ppl
9
Q
Kinship
A
Family relation
10
Q
National gov
A
Make n enforce laws
Gov of nation-states
11
Q
Nation states
A
Groups of ppl with territory, gov, sovereignty
12
Q
Power elite
A
Elites in U.S. hold position too Econ, military, politic
13
Q
Preamble
A
Purpose of constitution
14
Q
Proletariat
A
Workers own nothing for labor
15
Q
Public services
A
Meet social n Econ need of the ppl
16
Q
Sovereignty
A
Power of state to determine gov, Econ, social
17
Q
Tribes
A
Group/band of ppl related by family
18
Q
Constitution
A
Plan of gov
19
Q
Policies
A
Action gov takes
20
Q
Purposes of gov
A
Protection Order-law Conflict resolution Econ stability Public services
21
Q
Economic question
A
What should b produced
How it should
Who should get it
22
Q
Preamble
A
Unified country Create law n court system Peaceful relations-tranquility Army Promote well being-welfare Protect freedom-liberty
23
Q
learning gov
A
to understand our own gov and create the best gov
24
Q
force theory
A
small group use force to gain control n force ppl to submit to their policies
25
evolution theory
gov evolved from family ties
family will join together into bands
bands join together into tribes
gov based on: age wisdom skills
26
divine right theory
god established a ruler
27
social contract
trade
gov got power
ppl got protection n order
28
john locke
influential
gov: protection/oder
ppl give up power in exchange for benefits
claim: gov get s right to govern from ppl
29
second treatise
this estate: state of freedom
ppl must agree to give up freedom
divest himself of: giving up natural right
bonds of civil society: becoming a citizen
any that are not of it: society protects members from nomenbers
30
authority
power that is accepted by the ppl, has legitimacy: having the right to rule
31
characters of nation state
population
borders
gov
sovereignty
32
sovereignty
power to determine form of gov, econ, social system
33
elites
ppl holding the power, help understand power/gov
34
elitist theories
only a small group of ppl hold power
35
pluralist
large # of ppl hold power
power is distributed among dif elites n instiution
no one group can dominate all of gov, only spec policies
36
elitist theories
marx
mills
weber
37
marx
elits control econ, owners of means of production
bourgeoisie
proletariat
38
mills
power elites control econ, polit/gov, milit
39
weber
elites: bureaucrats n control large organization.
40
morgenthau
essence of gov-polit/relationships is struggle for power
| which allow for influencing ppl thought/action. psych not phy
41
why ppl obey those with power
expectation of benefit
fear of disadvantage
love/respect
42
how power is put into effect
orders/threats
authority
charisma
43
classify by who has power
democracy
| dictator
44
democracy
power held by ppl
direct
indirect/representative: republic
45
dictatorship
ppl doesn't have an power, gov does what they want
autocracy: one person holds power
oligarchy: small group of ppl w/ power
46
classify by how much power
totalitarian
authoritarian
limited gov
anarchy
47
classify by where power is located
unitary
federal
confederate
48
unitary
centralized in one location
49
federal
divided btw central gov n localized gov
| DIVISION OF POWER
50
confederate
power divided evenly among states
| central gov not powerful
51
classifying gov by how power is distributed
parliamentary
| presidential
52
parliamentary gov
executive branch has members from legislative
legis: parliament controls executive
53
presidential gov
legis n exec are separate, check n balances
54
totalitarian
gov has total power over ppl's lives
55
authoritarian
gov has lots of power, not all
56
limited gov
allow for ppl's freedom
57
anarchy
no gov
58
aristotle
democracy n oligarchy are big categories
| change has to b something ppl want
59
8 tenets of american democracy
```
individ worth
individ freedom
equality
popular sovereignty: consent of ppl
majority rule
limited gov
compromise
```
60
Founders
sign declaration, constitu. revolution
turned to enlightment ideas
make gov based on natural laws
61
enlightment
movement that uses reason/rationalization for human activities 1600
grew out of scientific revolution but examines society not natural world
62
Thomas Jeff
brilliant inventor, statesman, architect, planter.
religious freedom n pubedu.
weak fed gov. gov will corrupt, new revolutions r needed
owned slaves
63
J Adams
lawyer
brit werent being true to their principles
strong fed gov that needs to b checked
doubts about demo. ppl need wise leader cuz they're dumb. misogynist- no women's right
64
G washington
action not brains. in military
stability n scurity
no international allies or political parties
65
B Franklin
didn't support independence earlier but rather compromise. mediator, focused on diplomacy
need international allies- france
66
P Henry
good public speaker. thunder, give me liberty or give me death
weak central gov, liked articles, opposed ratifying
67
S Adams
Locke, overthrow unjust leaders. boston tea party
weak central gov, wanted ratification. minority rights
68
causes of enlightment
renaissance: rebirth of learning n exploration
protestant reformation: individ question their beliefs
scientifc revolution. hypothesis-test. question everything, against religious
69
natural laws
rules that explain behaviors found in nature, both in nature n society
70
enlightment thinkers
identify natural laws that governed behaviors. humans have natural rights: rights that come from being human (life, liberty, property)
ppl should have freedom of thoughts n exoression
71
Rene descartes
usefulness of doubt. skeptism bc ppl's sense can b distorted, need logic=truth
72
jean-jacques rousseau
ppl in natural state were good but gov corrupts them bc gov doesn't promote good
73
montesquieu
gov should b based on natural laws
SPIRIT OF LAWS: powers should b divided in 3 branches
74
Voltaire
free speech, press, religion
75
Emmerich de Vattel
Laws of Nations
| natural laws applied to nations
76
John Locke
Social contract
| ppl natural state is peaceful, gov has to protect their rights n property or b overthrown
77
Thomas Hobbes
social contract: rulers have abosultute power
natural state: anarchy, volence, self absorb
78
magna carta
english charter, require kings to renounce his rights n follow the law
79
ancient greece
ppl should vote for their leaders/ laws
80
ancient rome
republic then monarch
81
english bill of rights
no one is above the law
82
2nd treatise
reason: law of nature
protected: life, liberty, possessions
ppl don't need to obey the leader when they use unlimited power
83
declaration
self evident
| equality. gov secure rights with power from the ppl. ppl can overthrow gov if needed
84
rd to independence
```
george 3
proclamation 63
sugar/stamp act
townsh3end act
boston massacre
intolerable act
begin war
declaration
treaty
independnence 76
```
85
continental congress
response to intolerable act
86
2nd continetal congress
after war began, declaration and wrote articles
87
treaty of paris
Great Britain recognized the 13 colonies as free and sovereign states.
The United States' borders were agreed upon.
The United States would have fishing rights off the coast of British Canada.
Congress promised to ask the states to return property taken from loyalists.
Both nations recognized the rights of creditors, loyalists, and prisoners of war.
Both nations were given perpetual access to the Mississippi River.
88
american gov
continental congress-ununified
| states wrote their own constitution-popular sovereignty, separation of power, bill of right
89
articles
constitution every state is a sovereign nation, single legislative congress, only one branch of gov
90
northwest ordinance
admitting new states
It would accept a territorial government controlled by Congress.
After it reached a certain population (5,000 adult males), it would create a legislature and send a (nonvoting) representative to Congress.
When the population grew much larger (60,000 adult males), it would apply to be admitted as a full-fledged state with voting privileges in Congress.
prohibit slavery, treat NA good, religious freedom
91
weakness of article
national gov couldn't
Make the states go along with the decisions of Congress
Tax citizens
Require states to contribute money to the national government
Pass a law unless nine of the 13 states agreed
Regulate trade
92
shay's rebellion
national gov: debt-recession. famers in debt conflict with urban parts of MA bc merchants try paying of war debt through tax. shay led mob farmer attack courthouses. governor as national to send troops but they didnt have funds. legislator stop paying off war debt
93
annapolis convention
representatives meet to call on all representatives to revise articles
fighting among states destroy union n legislature doesn't protect basic rights
94
constituitonal convention- philadelphia
delegate/framers were late. articles was not revised but scrapped n wrote a new constitution
95
virginia plan
congress: bicameral. # of representatives based on population. strong central
96
new jersey pln
equal # of representatives. weak central. unicameral
97
great compromise
bicameral congress. one house: equal representation, other house based on population
98
3/5 compromise
to help determine population. counted each slave as 3/5 of a man. capitation tax also counted 3/5 of slave population towards the total populaion
99
slave compromise
congress can regulate trade but was forbidden to take action against slave trade for 20 yrs
100
committee on style
morris n hamilton edited draft. preamble, articles, amendment. language: general
101
federal compromise
some powers given to national some to state some to both
102
ratifying
approve by the official body 9/13 states
103
federalists
```
supports ratification
strong central
madison
hamilton
jay
```
feared power of majority
104
anti federalist
didn't want to ratify, weak central
henry
hancock
S. adams
105
the federalist papers
essays urging ratification
106
bill of rights
first admendments to get states to ratify n end debates. NY n virginia was needed
107
timeline
The Constitutional Convention begins
Congress sends the Constitution to states for ratification
George Washington takes the oath of office as president of the United States
The Bill of Rights is ratified.
108
preamble
summarizes the basic ideals of the United States and explains why the Constitution was written. lays out principle n purposes. introduction
109
articles
2nd part of constitution. 7. main part. branches, state relations, amendment process, law of land, ratification
110
amendments
3rd part. alteration to the constitution. 27
111
constitution
an outline about how the government should be run. In fact, many parts of the Constitution can be read more as a statement of principles than as a plan for government.
vague for change/flexibility
112
judiciary act
created the first set of federal courts, created by congress. constitution creates supreme court
113
article 4
relation btw states n way conflict should b resolved. each state is a republic
114
article 5
how to amend, very difficult. 27. proposed by congress then ratified by states. can call for new constitutional convention
115
article 6
hodgepodge, general provision. constitution: supreme law of land. federal law superior to state law: supremacy clause. all officials have to take oath
116
article 7
ratification
| how ratification must b achieved 9/13
117
necessary and proper clause-elastic clause
congress have power that are not stated in constitution. make laws that are necessary and proper, vague, expand power to fed gov
118
principles of constitution
```
limited gov
popular sovereigny
federalism: division
separation of powers: branches
checks and balances
```
119
delegated/enumerated power/expressed powered spelled out in constitution
powers clearly given to fed gov by constitution. EXPRESSED
Print money
Regulate interstate (between states) and international trade
Make treaties and conduct foreign policy
Declare war
Provide an army and navy
Establish post offices
Make laws necessary and proper to carry out these powers
120
reserved power
powers not given to fed gov but are given to state by constitution. powers not given to fed and not prohibit for the states are given to states/ppl
Issue licenses
Regulate intrastate (within the state) businesses
Conduct elections
Establish local governments
Ratify amendments to the Constitution
Take measures for public health and safety
Exert powers that the Constitution does not delegate to the national government or prohibit the states from using
121
concurrent powers
powers shared by both fed n state gov
```
Collect taxes
Build roads
Borrow money
Establish courts
Make and enforce laws
Charter banks and corporations
Spend money for the general welfare
Take private property for public purposes, with just compensation
```
122
pocket veto
If the president has not signed the bill after 10 days, it becomes law without his signature. However, if Congress adjourns during the 10-day period, the bill does not become law. can veto latw by waiting till congress goes home
123
formal amendment process
proposed by congress/national convention-start with states. by approved 3/4 of states/or stlegislature/convention
2/3 congress has to approve amend
38 states ratify
124
informal amendment
doesn't change constitution changes way constitution function not text
congressional action
presidential action
supreme court decision
custom
125
congressional action
creates curt sysem n regulatory agencies
126
presidential action
sends forces without congress declaring war, make executive agreements
127
supreme court decision
judicial review-constitiutional?
128
custom
cabinet. no 3rd term before Franklin Roosevelt
129
implied powers
powers of fed that arent stated but SUGGESTED or implied by necessay and proper clause
elastic and commerce clause
130
inherent powers
are not stated bc they are assumed to b the duty of gov. NOT IN THE CONSITUTION
secure border, reul immigration, protection, relation with other nation-states
add territory, perserve the nation
131
denied powers
listed in article 1 n bill of rights
pass ex post facto laws
grant titles of nobility
132
national bank
Hamilton: supports, to pay bills. it is not forbidden. implied power can b used. gov apply its power by all appropriate means
Jefferson: objections to fed. national bank is not delegated. bank is not necessary. nondelegated powers are reserved to states. bank: reserved power
133
supremacy clause
fed gov/law over state gov. fed gov looks out for state gov against invasion n domestic voilence
134
full faith n credit clause
state cooperation n respect each other's law
135
history of federalism
dual: evenly divided
cooperative: collaborated
creative: expanded fed
new: powers to states
136
grants in aid
grants of money made by one gov unit to another for spec purpose. fed supports state
categorical: spec purpose
block: general purpose
137
republican gov clause
fed gov will protect ppl against abusive state
138
indentured servants
workers who signed a contract to work for a home and pay their passage to US. 7 yrs
139
suffrage
rights were reserved for the states to decide. sometimes, religion was a requirement
1. 21 yrs old white male owned property, paid taxes
2. white males adult
140
15th amend
prohibited states from denying voting rights bc race/servitude.
after civil wars
141
19th amend
gave women the right to vote
142
23
gave ppl in Washington dc rights to vote in national
| bc capital
143
24
prohibited poll tax
144
26 amend
lowered voting age from 21 to 18
vietnam war
145
13 amend
banned slavery
146
14
former slaves=citizen
147
congressional reconstruction
gov placed confederacy under martial law until it proved it was ready for repub gov
148
women's suffrage
western states were first to allow women to vote
149
progressive reform
wants to take away suffrage. per voters were being bribed or voting for the wrong ppl. laws were passed to restrict voting rights, remained till 60s
150
obstacles for voters
poll tax
literacy test
prevent "unreliable" citizens from voting
151
grandfather clause
if grandfather could vote, then you could, exempt from poll tax and literacy test
152
end of voting obstructions
NAACP
| Voting Rights Act: outlawed literacy test and proved registration for voters
153
political participation
Joining a political party
Supporting parties and causes with time and money
Taking action in your community
Communicating with representatives and other officeholders
Expressing your views publicly
154
canvassing
going door to door or calling on the phone to get the word out
155
listserv
small email program that send message to a list of ppl
156
voter apathy
disinterest in issues, unwillingness to participate
157
factors that affect wether or not a person participates
Age: rock the vote, aarp
Level of education
Religious involvement
Race/ethnicity
Socioeconomic status
Competitive nature of the election
mainly: selfinterest
158
factors that don't affect participation is
gender
| political party affiliation.
159
voter turnout
statistic on how many ppl decide to vote usually divided by spec demographics
higher in other countries bc some require it by law
160
political efficacy
the feeling that their vote counts and can bring meaningful change. this is what makes ppl decide to vote or not to vote.
voter fraud influences this
161
voter fraud
Bribery
Miscounting votes
Disqualifying votes
"Stuffing" the ballot box with fraudulent votes
absentee ballot and electronic
162
absentee ballot
ballot casted w/o appearing at the polls
163
help america vote act
help poor places get voting machine n regulate fed elections
164
political socialization
process through which political opinions form. mainly bc of the community
165
factors that shape political opinions
```
Family
Religion
Gender
Marital status
Race/ethnicity
Region
```
166
demographic factors
relate to personal characteristics
167
separation of church and state
in first amendment. however, religion matters in poltics bc ppl are affected by it
168
politic issues affected by religious viewpoints
aborton
gay marriage
stem cell
environment
169
lobby
group who tries to influence legislation on spec issue
170
political model
model of reality made y political scientist
171
poltical spectrum
political model classifying and studying political opinions
left wing/right wing. center: moderate
many diff ones
172
liberals: left
gov actions should improve society, equality, CHANGE.
political programs: prgress/reform. civil liberties
radical: extreme change needed
liberal: gov should imprve society
173
conservative
maintain society the way it is. SOCIAL ORDER
control individ action in social matters
reactionary: extreme change needed to restore order to society. protect fundamental principles of ogv
conserative: gov should maintian society the way it is
174
Nolan chart
type of political system
freedom, not change
personal freedom n econ freedom
libertarian: free will
authoritarian: great gov control
left wing: personal over econ
right: econ over personal
175
democrats-history
opposed fed gov intervention (Jackson). South,
176
Whigs-hisotry
gov needed to stimulate econ
177
Repub-history
anti-democratic
opposed slavery. big business, anti workers
Roose: greater gov involvment
178
bipartisanship
cooperation btw parties to achieve a common goal
supported by minorities
179
midterm election
elections held in the middle of a term. some members of congress r chosen
180
civil liberties
freedom that protects individ from gov
181
fed vs anti fed
conserv: strong central gov
antifedL protets individ and states rights
182
new deal liberalism
FDR
| strong central gov: conserv to liberals
183
history: demo
conservative, south
184
history: repub
liberal, north.
nixon: southern stragery made republican, conservative in south. liberal repub was lost
185
rugged individualism
| conserv
ppl must take responsibility for choices they make. conserv want to max those choices
186
the little guy
| liberal
person who is disadvantage. program helping ppl who can't help themselves
187
opinion poll
interview random ppl to measure public opinions
188
straw polls
informal, nonscientific surveys. asking ppl at random who theyre voting for
189
random sampling
statistical technique using part of a population to represent the whole
190
gallup poll
Digest collected opinions from their subscriber. predicted wrongly bc poor voted for Roose. gallup: scientific polls without any influences.
191
polls got it wrong
polls thought opinions wont change after campaign started so stop polling three weeks before election
192
bias
sample doesn't match the populations being surveyed
193
sampling errors
deviation btw group samples and total population
194
margin of error
how far off you might b
| range btw sample results and result f entire population
195
push poll
influencing the voters by pretending to take a poll and spreading negative info about the enemy
196
exit polls
polls taken when ppl are leaving place of voting
197
studying poll results
who took it
how they took it
what question was aked
198
help america vote act
regulate fed election n help poor counties get voting machines
199
poltical socialization
process thru which political attitudes are acquired
200
political model
model of reality made by political scientist
201
political spectrum
political model used to classify and compare political opinions
202
interest groups
groups that try to encourage or prevent changes in public policy. influence gov/public policy
not public office
ppl with common goal
203
what interest groups do
raise funds
distribute info to public
promote their causes directly with the gov
204
linkage institution
organization connects ppl to gov.
```
political parties
lobbies
special interest groups
clubs
organization
```
205
pressure groups
groups that put pressure on gov
206
advocacy group
supporting a particular position or policy
207
protest group
groups are opposing a particular position or policy
208
lobbying groups
groups lobby congress
209
special interest groups
suggests that the groups are looking out for themselves, not for the whole country
210
economic interest groups
try to affect econ policy
industries
labor
professional organization
groups represent business, manufacturers, industries, farmers, etc
211
labor unions
work for gov policies that benefit workers
AFL-CIO
NAM
ABA
AMA
212
public interest groups
work for goals that are in the public interest, general welfare
improved voting
league of women voters
Common Cause
213
Civil rights interest group
NAACP: AA rights
MALDEF: latinos rights
NOW: women
214
single interest group
begin in small area and grow into national
MADD: drunk driving
concentrates on one issue
215
gov interest groups
within the gov to lobby other levels of gov. bring issues of local to attention of national. mayors/governors
216
religious interest groups
take stand on certain policy based on religious reasons
217
ideological interest groups
work to influence gov towards their ideology, address alot of topics, classified as many types of interest groups
218
interest group membership
strength in numbers.
include other benefits: newsletter, discount. high membership: financial support bc fees, donations
increase money, increase influence
219
how interest groups get gov to do what it wants
```
building membership
shaping public opinion
lobbying
funding
taking legal action
ranking legislators
```
direct mailing
amicus brief
adv
220
interest groups shaping public opinion
they have nonmembers support their positions in order to control the US gov
w/ media presence, protesting, conference, press, printing for pub support
221
interest groups lobbying
to influence public policy: lobby
| interest groups influencing legislators directly
222
lobbying
interest groups meet with legislature and attempt to persuade them.
selling
grass-roots pressure: ordinary ppl contact legislators demanding actions. fake grass: scripted convo
draft legislation: lobbyist gives proffes document to legislators about an issue. pre-written bill
testifying: lobbyist have credentials n testify for/against bill
accuracy: lobbyist don't tell the truth, but they don't lie either. want long term relationship with congress ppl=trus
223
lobbyist
paid representative of interest groups
224
Political Action Committees (PACS)
organization raise money for candidates running office. formed when gov prohibited interest groups from giving money to candidates. some pacs associated with an interest group others are interested in the elections only. pacs collect money from interestg n give to candiates w/ same opinion. limited amt
225
amicus curiae
friend of the court
uses briefs to influence court cases. Briefs: written doc filed with a court by parties to lawsuit. amicus briefs are filed by ppl/group not parties. interestg files suit/suing in courts to challenge stuff
226
rating congress
interest groups give out report cards. rate members of congress on how well they support a group's conditions
227
iron triangle
relation btw groups n gov is close=corruption
mutually beneficial relationship among lobbyists, fed bureau n congress
228
revolving door
gov workers leave to work as lobbyist
229
interest group regulation
must provide financial records, lobbyist register with House. group representing foreign must inform Department of Justice. forbid former gov employ from lobbying for one yr
230
checks on iron triangle
other interest groups
231
mass media
```
mass communication
tv radio
newspaper.
privately owned and commerical. sell news=profit.
media=entertainment
```
political bias
232
tabloid press: yellow journalism
media that sells product thru exageration n hype
233
broadcaset media:
sends news over airwaves
more tightly regulated than other media
234
fourth estate
the press/media plays a role in keeping gov in check. estate: another brank in gov
235
muckrakers
moralist writers during progressive era. corruption n abuse
236
public agenda
set of issues public focuses on at a certain time. presented by media
derived from:
ppl
media
gov
237
gatekeeping
control access to ppl/info
media's ability to decide what issues will be presented
238
prior restraint
gov can't prevent material from being published.
exception: wartime censorship.
gov needs to have secret n control info bc national security. Homeland Security
239
limits of free speech
media can b sued if they give false info
limited when one person's speech will cause harm
240
white house press corps
covering the president.
representatives from major networks. travel w/ president. report the press conference. P answer their questions. white house press secretary
241
FCC report
fine, revoke license
242
Telecommunications Act of 1996
it is criminal to transmit material that might be interpeted as indecent/harmful to minors
243
Federal communications act
FCC assigns broadcast licenses
244
new media
info age/ digital revolution
ppl are exposed to more/more info. use of digital tech is everywhere
communincation medium is interactive. more than print or broadcast
245
blog
online journal/diaries, present news/opinions
246
the dean machine
first pres candiadtes to use website.
247
civil rights
rights gained by belonging to a society. 13th n 14th amend. equality
248
human rights
fundamental rights belong to an individual. gov can't interfer. speech, work, association with other ppl
like natural rights but about ppl respecting eachother
249
natural rights
rights ppl have under natural law. reason.
| rights ppl have bc they r ppl. enlightment
250
naturalizes
someone from another country becoming a US citizen
251
procedural due process
promise of fundamental fairness in legal proceeding.
defendants have to b told about charges n can defend themselves
HOW LAWS ARE APPLIED
252
substantive due process
promise of fundamental right implicit in society.
PURPOSE OF LAW IS FAIR
253
rule for a nation
State what principles justify your creating a new nation.
Create the new nation.
Create laws and policies that carry out those principles.
254
unalienable rights
can't be rid of
255
state consitution
more detailed than national and more likely to be amended. Just about every state constitution mentions a right that is not covered by the U.S. Constitution or the Bill of Rights. During the 20th century, many — but not all — of the protections in the U.S. Bill of Rights were expanded to cover the actions of state governments.
both the federal government and the state governments provide their own sets of rights.
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habeas corpus
if authorities want to hold someone in custody, they have to prove that they have a legal basis for holding the person
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forbidden- bills of attainer
gov can't pass this. it allows to punish a person wihtout a trial
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Jury trial
consitution says ppl can have trial by jury not just judge
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treason
only for ppl who fight in wars against US or koin the enimeies of the US n give them aid. have to have 2 witnesses. person's family can't be punished
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importance of court
That is because courts are the branch of government that does the most to define and protect rights.
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purpose of bill of irghts
to prevent tyranny and oppresion.
many sates conditionally ratified: only will if bill of rights is included
by madison
intended for fed gov. 14th amend expanded state rights n expand rights in the first 8 amend
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14th admendment
long/complex, 5 sections. states can interfere of citizen's rights
1. define citizenship n their rights
2. punish states if they deny suffrage or privileges/immunities of citizens
3. ban confederates from public office
4. fed gov pays civil war debts
5. congress can enforce the above sections
bc of civil war
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citizenship clause
dred scott v sanford: AA are not citizens n have no rights/privileges of citizenship.
section 1 of 14 overturns dred schott.
if someone is BORN in US or naturalized, they are citizen. w/ 13th means slave=citizen
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privileges n immunities clause
states can't deny equal rights (privileges) and protection under the law (ummunities to citizens. protect former slaves.
slaughterhouse cases: clause applied to national cititzenship only n ppl already had protections under constitution. clause is useless n irrevelevant n doesn't apply to the states. was destroyed
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due process clause
same as 5th amend but 5th focuses on federal level
14th amend focus on state level. the right to due process applies to state n fed gov.
supreme court uses this to limit state laws n legal proceedings
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equal protection clause
response to black codes which limits black's ability to own property n legal contracts. made southern state accept this: no state shall deny a person in its jurisdiction. only applies to gov not business or individ.
If a law is applied to some people and not to others, they can claim rights under either the equal protection or due process clauses of the Fourteenth Amendment.
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civil rights act
grant citizens of every race/color full n equal benefit of all laws. not supported by former confederates.
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incorporation
portions of bill of rights are applied in state gov as well.
14th amendL state gov have to follow bill of rights.
almost all have been incorporated
a doctrine using due process clause
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complete incorporation
the Fourteenth Amendment, and particularly its privileges and immunities clause, was a plain application of the Bill of Rights to the states.
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selective incorporation
elected parts of the Bill of Rights are to be applied to the states. Which parts are incorporated has to be decided on a case-by-case basis.
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no incorporation
Fourteenth Amendment has nothing to do with the Bill of Rights.
it guarantees a general collection of fundamental natural rights, but provides no specific texts that people can appeal to beyond "fundamental fairness.
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plus incorporation
Fourteenth Amendment guarantees citizens the rights in some or all of the Bill of Rights, plus an added extra level of general fundamental or natural rights.
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establishment clause
forbid congress from establishing a national religion. cant make an official religion or give preference to one. is incorporated into state
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free exercise clause
prohibit congress from inhibiting free exercise of religion.
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everson v board of edu
state/fed gov cant set up a church
cant pass laws helping a religion or show preference
cant influence ppl to go to church against their will
cant participate in affairs of any religious group
tax cant support religious activities
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engel v vitale
banned prayers in school.
establishment clause
Prayer is, by definition, a religious activity.
Allowing prayer in school promotes a religious activity and violates the establishment clause of the First Amendment.
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civil religion
Public events that combine religion or religious emotions with civil government
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test to decide whether an activity doesn't violate the establishment clause:
Lemon Test
The activity or law must have a secular purpose.
Its principal or primary effect must be one that neither advances nor inhibits religion.
The activity or law must not foster an excessive government entanglement with religion.
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limits on free exercise
absolutely forbid the government to punish actions that involve religion. religious belief is not superior to the law of the land.
problem occurs when one group of people's desire to speak interferes with other people's need for their own constitutional rights.
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madison v henry
henry: establish a relgion in virginia n give it tax money bc econ was bad
madison didn't want state to define a valid religious body
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freedom of speech
not an absolute freedom, must b balanced with the need to preserve others
Speech, used recklessly or maliciously, can cause harm..
limits on unprotected speech.
highest protection: political speech
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unprotected speech
fighting words: provoke violence
copyright
obscenity
commercial speech
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sedition
it is designed to overthrow government or society.
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tinker v des moines
symbolic speech is nondisruptive polticial speech at school. not all is acceptable
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restriction on symbolic speech
when that symbolic speech somehow blocks a governmental interest
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symbolic speech can be regulated only if
gov has power to regulate it
regulation furthers a governmental interest
gov interest is unrelated to suppression of free speech
regulation doesnt prohbit any form of free speech byond what is essential o satisfy regulation
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burning flag
upheld by supreme court as free speech
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strict scrutiny
test applied to laws that infringe on fundamental freedoms n racist laws
law must:
serve a compelling state interest
minimal infringement on fund rights
no alternatives that are less restrictive
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intermediate scrutiny
test used less often. laws with important gov interest n dont infringe on rights. diff btw genders. treat diff groups of ppl diff
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rational basis test
lowest level of scrutiny.
| used most often. whether law has rational basis, if yes then law is constitutional
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alien and sedition act
sedition: crime to criticize gov ppl in pritn
alien: required immigrants to register n the limited their mov/action. was nt renewed
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limits for freedom of the press
near v minnesota
| libel is not protected. gov couldnt prevent publisher from writing things in the future
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prior restraint
censorship
gov prevents something from being publish
unconsitutional
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shield law
protects reporters from revealing their sources.
depends on state not fed
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slander
illegal, sharing hamrful facts, temporary media
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libel
illegal, permanent words like print. must be false and damaging and printed with the intent to cause harm
not jokes and satire
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martial privacy
griswold v Connecticut: wanted to outlaw birth control. Supreme C said state can't policy matters of marital privacy.
bc its falls within penumbra of consitutional protection
n bc of substantive due process. privacy part of fairness.
affect other privacy things
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penumbra
an area in which something exists to a lesser degree
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roe v wade
PRIVACY
| court used 14 rights to privacy to protect the choice of abortion
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abortion
First Trimester: state must allow for abortion, cant interfer
2nd: state can set regulations about where, when, how but still has to allow it
3rd: state can prevent abortion except if mother is at risk
revised to before and after viability n allow for some obstacles in path to seek abortion
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stare decisis
court will stand by the legal opinion of earlier cases
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webster v reproductive health services
state funds may be restricted in performing/assisting abortions
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Planned parenthood v casey
women have rights to abortion before viability.
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roe v wade
women have right to abortion in the first trimester
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ohio v akron center
minors must have parental or judicial consent for abortions
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marriage privacy
although the age of marriage and degree of consanguinity vary from state to state.
states separate property n inheritance from marriage
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lawrence v texas
privacy is a substantive right, close to a natural right, and protected by the due process clause.
lessened regulation of sexual behavior. natural right cant b infinge upon
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judicial activism
practice of protecting and expanding individual rights thats not presented in previous cases.
measure by how far the court has gone in changing the interpretation of the law what former
many says that Roe is this
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judicial restraint
judges limiting exercise of their own power. sticking closely to constitution, legislation, precedenat
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stare decisis
court should avoid changing their statement of the law as much as possible
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due process
fair rules n fair trial prevent innocent ppl from going to jail. gov must act fairly.
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eminent domain
gov can take private property, has to follow a procedure and pay for what it takes
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police power
authority of gov to impose restriction to maintain order. determined by the courts. public comes before individual
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exclusionary rule
Mapp v Ohio
| evidence obtained illegally cant b used in a trial
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miranda rights
read at every arrest.
| miranda v arizona
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cruel and unusual punishment
furman v georgia
| death penalty is unconstitutional because its only imposed on poors or blacks and violated due process
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determining cruel and unusual punishment
1. The "essential predicate" is "that a punishment must not by its severity be degrading to human dignity," like torture.
2. ". . . a severe punishment that is obviously inflicted in wholly arbitrary fashion . . ."
3. ". . . a severe punishment that is clearly and totally rejected throughout society . . ."
4. ". . . a severe punishment that is patently unnecessary . . ."
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death penalty
when applied fairly is reasonable punishment. unconstitutional: certain crimes automatically is a death penalty.
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capital cases
cases involving death penalty. highest form of punishment.
| a trial needed to estbalish guilt then a hearing ot c if death is necessary
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plessy v ferguson
separate and equal. challenged jim crow laws
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brown v board of edu
separate but equal doctrine violated equal protection clause. made segregation of public schools unconstitutional.
turning point in cuvul rights movement
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civil rights act
outlawed discrimination
did not pass thru congress easily
1. Outlawed unfair application of voter requirements for minorities
2. Outlawed discrimination in places of public accommodation, including movie theaters, hotels, and restaurants
3. Encouraged the U.S. attorney general to file lawsuits to force desegregation of schools
4. Formed a Commission of Civil Rights, tasked with the investigation of allegations of civil rights violations
5. Outlawed the use of federal funds to be used for discriminatory programs
6. Required equal employment opportunity for every citizen, regardless of race, nationality, or gender
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voting rights act
outlaw voting requirements like lit test n tax
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malcolm x
pro violence revolts
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black nationalism
malcome didnt support incorporation but wanted a revolution to empower blacks
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equal rights for women
abigal adam
many women accepted their role as natural
the feminie mystique: betty friedan
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reasonable standard
law allowed bc it is related to gov interest. used to restrict women's right.
women rnt drafted because women were not allowed to serve in combat
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equal rights amendment
equal rights cant b denied on account of sex
didn't ratify bc
there was a broader acceptence and less opression
judidicial activism criticism
rapid social change-birth control, antiwar.
ERA represented all traditional stuff n ppl didnt want social change
