u4 Flashcards
(148 cards)
1
Q
engel v vitale
A
prayer in public schools are not allowed, even if they are optional
2
Q
new york times v us
A
the media could publish leaked classified pentagon papers because it did not significantly imperil the American forces
3
Q
schenck v us
A
the Espionage Act was constitutional, and Schenck was not allowed to distribute pamphlets against the draft
4
Q
tinker v des moines ISD
A
wearing armbands did not disrupt school function
5
Q
new york times v sullivan
A
alabama’s libel law was unconstitutional
6
Q
mcdonald v chicago
A
incorporated the right to bear arms to the states
7
Q
miranda v arizona
A
the 5th amendment requires law enforcement to advise suspects of the right to remain silent and a lawyer
8
Q
gideon v wainwright
A
the 6th amendment right to a lawyer applies to all courts, not just federal courts
9
Q
brown v board of education
A
separate but equal facilities violates the equal protection clause. separate but equal schools are unequal
10
Q
wisconsin v yoder
A
free exercise of religion > school attendance past 8th grade
11
Q
4th amendment
A
protection from unreasonable search and seizure
12
Q
5th amendment
A
no self incrimination(miranda v arizona)
13
Q
6th amendment
A
right to lawyer and impartial jury
14
Q
8th amendment
A
no cruel and unusual punishment, or excessive bail
15
Q
9th amendment
A
the rights given in the constitution is not definitive, thus cannot be used to deprive other rights
16
Q
brutus #1
A
too much power to federal government, can’t address individual needs of states.
17
Q
federalist 10
A
limit the effects of factions through a republic. harder for a single faction to dominate
18
Q
federalist 51
A
separation of powers, checks and balances
19
Q
popular sovereignty
A
government is created and sustained by the consent of the people
20
Q
direct democracy
A
no elected reps- direct voting
21
Q
democracy
A
direct democracy or elected reps
22
Q
rule of law
A
all people and institutions are subject to law and equally enforced
23
Q
republic
A
indirect democracy- representatives
24
Q
article 1
A
legislative branch - bicameral legislature
25
article 2
executive branch
26
article 3
judicial branch
27
article 4
full faith and credit clause
28
article 5
amendment process
29
article 6
supremacy clause
30
article 7
process for new constitution
31
enumerated powers
powers granted to Congress
32
full faith and credit clause
state courts respect decisions of courts from other states
33
great compromise
established bicameral legislature
34
implied powers
"necessary and proper clause"
35
inherent powers
derived powers
36
new jersey plan
proposed unicameral congress, continuation of the articles of confederation, and equal state power
37
shays' rebellion
highlighted the weakness of the articles of confederation and requirement of a strong central government.
38
supremacy clause
federal govt supreme
39
three-fifths compromise
one slave = 3/5 vote for legislative representation
40
virginia plan
proposed bicameral legislature, executive, and judicial branch, and proportional state representation
41
federal system
power is divided between fed and state
42
unitary system
power is mostly held by the federal govt
43
confederate system
weak central govt, states hold power
44
informal amendment
change in application of the constitution
45
10th amendment
powers not given to the federal government are reserved to the states
46
dual federalism
fed and state government are clearly separated
47
cooperative federalism
federal government somewhat controls some state policy
48
new federalism(devolution revolution)
devolved the federal government and gave more power to states
49
block grant
grants given to state government for specific programs, but not limited in their activities
50
categorical grant
grants given to states for narrowly defined activities
51
unfunded mandate
mandates/policy created by the federal government that the states do not get money to help enforce
52
mcculloch v maryland
maryland couldn't tax the federal bank. it established federal supremacy, and demonstrated the necessary and proper clause
53
us v lopez
congress cannot enforce gun-free schools act. commerce clause does not protect that
54
straw poll
unofficial "feel" for the result
55
push poll
poll designed to change voters' minds
56
exit poll
poll after people have voted
57
tracking poll
poll designed to monitor public opinion over time
58
critical election/party realignment
shift in voting patterns and party affiliation
59
delegate
individual that represents a territory or state at the national convention
60
superdelegate
delegates from the Democratic party who are not bound by caucuses or primary elections
61
electorate
individuals who can vote
62
primary election & caucuses
selecting delegates for public office
63
general election
president and vice president voting
64
initiative and referendum
initiative: citizens propose laws
referndum: citizens directly vote on legislature
65
reapportionment
reallocating representation in the House
66
incumbent
a political office holder, seeking reelection
67
presidential coattails
when a successful president positively influences other candidates of the same party in other offices
68
midterm elections
halfway through presidential term, all house seats up, and potentially senate
69
ticket-splitting
electorates vote for opposite party
70
rational-choice voting
voting based on citizens' individual interest
71
retrospective voting
voting for party or candidate based on the recent past
72
prospective voting
voting based on prediction of future performance
73
party-line voting
voting for one political party across the ballot
74
pollster
organization that conducts polls
75
citizens united v FEC
corporations can contribute to independent expenditures. paved the way for super pacs
76
super pac
can spend unlimited funds as long as they do not coordinate with candidates. unlimited independent expenditures
77
hard money
direct contributions- limited
78
soft money
unlimited contributions to parties not directly related to supporting or opposing candidates. Bipartisan campaign reform act closed this loophole
79
dark money
non-disclosed money that contribute to non-profit organizations that engage in political spending
80
national convention
selects presidential candidate
81
15th amendment
granted african americans the right to vote
82
17th amendment
voters can directly vote for senators
83
19th amendment
granted women suffrage
84
24th amendment
abolished poll taxes
85
26th amendment
established 18yo voting age
86
majority and minority leaders
highest ranking officials in the dominant/minority parties in Senate and House
87
whips
count votes and attendance
88
president pro tempore
presiding officer in the Senate in the absence of the vice president
88
standing committee
review bills
89
joint committee
communicate between both houses, more general purpose
90
conference committee
resolve discrepancies between Senate and House versions of bills and sends bill for final approval
91
special committee
temporary investigative committee
92
discharge petition
force a bill out of a committee to entire House
93
rules committee
determines rules of bill consideration in the House
94
cloture
ends debate or filibuster
95
appropriation
allocating funds for a government purpose
96
congressional budget act and reconciliation
congress determines national budget
reconciliation: enables congress to enact changes over revenue and budget
97
pork barrel spending
legislators direct federal funds to projects or programs in their districts
98
war powers resolution
limit the president's power to go to war without congressional approval
99
congressional review
Congress can review "major" rules issued by federal agencies
100
senatorial courtesy
informal rule that allows senators to block nomination of a federal official from their home state
101
trustee
representatives make decisions based on own judgment
102
politico
can be either trustee or delegate
102
delegate
representatives make decisions based on the majority
103
constituents
individuals in a specific geographical area represented by an official
related: gerrymandering
104
logrolling
multiple parties support each others' interests
105
presidential qualification
US citizen at time of birth
at least 35 yo
must be resident for at least 14 years
106
22nd amendment
no more than 2 terms(1 term = at least 2 years)
107
25th amendment
outlines presidential succession
108
executive agreemenet
international agreement without Senate consideration
109
line-item veto
presidential veto rejecting partial/specific lines of the bill, but bill is still passed
110
pocket veto
bill does not get signed or returned and dies
111
regular veto
bill is rejected by the president and sent back to Congress
112
presidential pardon
excuses an individual of a federal offense
113
bully pulpit
use or presidency to influence public opinion
114
signing statement
comments made on a bill when being signed into law
115
federal bureaucracy spoils system and patronage
spoils system: filling govt positions due to political opinion
patronage: hiring government officials in exchange for their support
116
civil service system and merit system
system that hires officials based on merit
117
pendleton act
established merit-based selection for government positions
118
independent regulatory commission
regulates specific industries. non-partisan and independent from the executive branch
119
independent executive agencies
more narrowly focused on specific policy areas and report to the president
120
government corporations
performs business-like functions and are financially independent
121
iron triangle
relationship between government agencies, congressional committees, and interest groups
122
issue network
issue-specific iron triangle?
123
original jurisdiction
court's authority to conduct trials and receive evidence
124
appellate jurisdiction
court's authority to review whether or not there are errors in court cases
125
judiciary act of 1789
established federal court system
126
legislative jurisdiction
created by article 1, limited scope
127
constitutional jurisdiction
created by article 3, wide scope, including federal law and the Constitution
128
stare decisis
practice of adhering to precedent
129
process of judicial appointment
president nominates, Senate confirms
130
writ of certiorari
promise of appellate court to review a decision
131
rule of four
at least 4 out of 9 Supreme Court judges needed to hear a case
132
judicial restraint
judicial philosophy where judges interpret laws narrowly to avoid creating new rights and to respect the intent of legislature
opposite: judicial activism
similar: strict constructionist
133
judicial activism
philosophy where judges interpret laws broadly
opposite: judicial restraint, strict constructionist
134
strict constructionist
philosophy where judges interpret the Constitution narrowly
135
solicitor general
so called "tenth justice" who represents the government to the Supreme Court. often files amicus curae(friend of the court) briefs in cases regarding the government
136
majority opinion
represents the majority decision
137
concurring opinion
written by one justice who agrees with the majority opinion
138
dissenting opinion
written by one justice who disagrees with majority opinion
139
plurality opinion
when no opinion is majority, it represents the opinion with the most support
140
per curiam opinion
opinion when there is a unanimous decision
141
marbury v madison
established judicial review- power to strike down unconstitutional laws
142
baker v carr
allowed federal courts to hear redistricting cases
143
shaw v reno
racial gerrymandering violates the 14th amendment
144
federalist 70
"energetic executive"
145
federalist 78
judicial review, judicial independence, judiciary is the weakest branch
146
letter from a birmingham jail
advocates for nonviolent direct action
