American Government Flashcards
Federalist the constitution or bill of ‘’’'’rights
fedralist 48
Reestablished two party system created nomination conversion nominated candidation were held to part standard election were about party principles
Martin van bureau eight president
prevent misconstruction or abuse of constitutional powers declamatory and restrictive clauses ensures public confidence in government
preamble
individual natural rights rights to self government within states
theory of the ninth amendment retain rights encompass
violation of the taking clause by fifth amendment modifies waterways plaintiff wharfs unusable
barrow v Baltimore
no bill of rights was no intended for state local government constitution is designed for the federal government not states
Chief Justice John Marshall
key elements citizenship requirement restrictions on the states legal community wants incorporate the bill of rights options for constraining state privilege and immunities clause due process clause incorporation supporters redefine the constitution privileges and immunities clause nothing ore than the bill of rights this clause absorbs the bill of rights and obliges states
14th amendment
new Orlando creates slaughter house claims involuntary servitude abridge privilege and immunities denied equal protection violated due process
slaughter house case
fifth amendment protect fundmenental rights from government interference fifth federal government fourteenth state government
substantive due process
free from government infusion into ones personal life especially within the bounds of ones home
18th centurey common law concept
Connecticut prevent use of contraception for married couple licensed physical arrested and charged with violating th law
grisworld v connedicut
1970 right of privacy extended to unmarried couples
the sexual revolution
women can discuss medical decision Supreme Court creates a framework for when
abortion
supreme court faced with declaring congressional act unconstituional can a presidential administration could alter federal courts
stared v laird
appointed a justic of the peach in dc commission likely signed and sealed but no deliver Marbury seeks a write of meandmus form the Supreme Court
William Marbury
passed to set up federal judiciary
judiciary act of 1789
mankind naturally has individual rights
John locke
ability to poser oneself
legislature
ability to punish crimes
executive
using an observable attribute as a proxy for an unobservable attribute
decision there
Oklahoma band the sale of non intoxicating beer different ages for men and women equal protection issue laws effect different based on gender
Craig v boren
laws must be rationally related to a lot a legitimate government interest
the rational basis test
california discriminate again tcp holder retire policy officers maycarryfireman on school ground cap holder could no law was rationally related to legitimate government interest of pubic safety
galling v barerra
freedom entails the right to Make personal decision a freedom of association exist ability to correct people in society prevent poor character traits from manifesting through society
democratic theory
advancement of belief and ideas often political
expressive
marriage rearing of children habitats with relative
intimate
alabama state law required organization to releasee membership list court rules this violation of expressive association
naacp v alabama
women sue Minnesota Jayces chapter for full membership court ruled that addicting gender discrimination trumps club membership rules
Robert v United States jaycees
assistant scour master has membership revoked court rules in favor of BSA state cannot violate expressive associate
boy scout of America v dale 2000
limited on power prevent excessive government action
civil liberties
guarantee equals treatment in public private sectors
civil rights
treatment or consideration of persons based on groups class or category a laws effect cannot grant privilege stop some group san don’t theres
discrimination
congressional law prohibits discrimination pubic govt and private equal access in restaurants theaters and transportation
civil rights act
neither amendment can violate private right to discrimination
13 and 14 amendment
Louisiana law mandated segregation separate railroad cars for black and white did not prevent railroad travel
plessy v Ferguson
laws may violate the constitution distort the political process laws may discriminate against a minority groups typically those wo cannot redress grievances
Caroline product
compelling government inert narrow tailored law to meet policy goal least restrictive means possible
strict scrutiny test
for order Japanese American to interment camper korematsu sues under 14th amendment court defers to military and allows interment to continue during war hardship are necessary
kormatsu v united sates 1941
plaintiffs argued segregation was unequal unable to access to similar resources and accommodation causes intellectual psychological and finial dame
brown v board of education
based on agreement regarding issues internal differences may weaken unity
unity
overcome difference based on principles
loyalty
the wealthy have power to contra nation economy highly educated individual secure movement position politician do the bidding of het wealthy
elite theory
political power is distribute throughout society people have shared interest and form group people shared interest and form groups group s works on behalf of people to influence government
pluralist theory
all interest are and should be free to complete for influence in government the ability for groups to organize ensure democracy continues
pluralism
an organization groups of individual or organization that makes policy related appeals to government
interest groups
