American Politics FINAL

Question 1

Common law

Answer 1

Judge made law that originated in England from decisions shaped according to prevailing custom. Decisions were applied to similar situations and gradually became common to the nation.

Question 2

Executive Cabinet

Answer 2

And advisory group selected by the president to aid in making decisions. Includes the head of 15 executive departments and others named by the president.

Question 3

Symbolic speech

Answer 3

Expression through clothing, gestures, movements, and other non-verbal communication.

Question 4

Prior restraint

Answer 4

Restricting an activity before it has actually occurred. When expression is involved, this means censorship.

Question 5

Precedent

Answer 5

A court rule bearing on subsequent legal decision. judges rely on precedent.

Question 6

Stare decisis

Answer 6

To stand on the side of cases; policies the following precedents established by past decisions past decisions.

Question 7

Jurisdiction

Answer 7

It’s already at the court to decide certain cases. Jurisdictional: where the matter arises and the subject matter?

Question 8

Amicus Curial brief

Answer 8

Document of case showing desired outcome or “friend of court”who has interesting outcome of case.

Question 9

Writ of certiorari and the “rule of four”

Answer 9

And order issued by a higher court to a lower court to send up the record of a case review.

Rule of 4– A US Supreme Court procedure by which for justices must vote to grant a petition for review if a case is the come before the food court.

Question 10

Majority opinion

Answer 10

A court opinion reflecting the views of the majority of the judges.

Question 11

Concurring opinion

Answer 11

Separate opinion prepared by a judge who supports the decision of the majority of the court but for different reasons.

Question 12

Dissenting opinion

Answer 12

A separate opinion in which a judge dissents from (disagrees with) the conclusion reached by the majority of the court and expounds his or her own views about the case.

Question 13

Judicial activism

Answer 13

A doctrine holding that the federal judiciary should take an active role by using its powers to check the activities of governmental bodies with those bodies exceed their authority.

Question 14

Judicial review

Answer 14

The power of the courts to determine whether a law or action by the other branches of government is constitution is known as the power of judicial review.

Question 15

Media bias

Answer 15

And the inclination or preference that interferes with impartial judgment.

Question 16

The living constitution (according to Brennan and Kagan)

Answer 16

The living constitution means that the document is not taken Word for Word, literally using the law as it was intended in the 1700s but considering what is going on in society today interpreted in light of contemporary values.

Question 17

Incorporation theory

Answer 17

The view that most of the protections of the Bill of Rights apply to state governments is the 14th amendments due process clause.

Question 18

Establishment clause

Answer 18

The Part of the first amendment prohibiting the establishment of a church officially supported by the national government.

Question 19

Free exercise clause

Answer 19

The provision of the first amendment guaranteeing the free exercise of religion.

Question 20

The clear and present danger test

Answer 20

If someone’s speech is used to create a clear and present danger

Question 21

Civil disobedience

Answer 21

A nonviolent refusal to obey allegedly unjust laws

Question 22

Emergency power

Answer 22

And inherent power exercised by the president during a period of a national crisis.

Question 23

Signing statement

Answer 23

Written to declaration that the president may make when signing a bill into law. It can contain instructions on administration of it. It may also make note of sections of the law that the president considers unconstitutional.

Question 24

Executive privilege

Answer 24

The right of executive officials to withhold information from, or to refuse to appear before, legislative committee or a court.

Question 25

Executive order

Answer 25

A rule or regulation issued by the president that has the effect of law.

Question 26

Civil rights act of 1964 and the voting rights act of 1965

Answer 26

Discrimination on the basis of race, color, religion, gender or national origin.
Voting: two provisions: outlawed discriminatory voter-registration tests, authorized federal registration of voters and federally administered voting procedures

Question 27

Original intent

Answer 27

X

Question 28

According to Tocqueville how did Europeans of the 19th century understand equality of the sexes? How did Americans understand equality of the sexes?

Answer 28

European’s seemed to have the opinion of women that she is never the equal of the man, not in ability nor role. She is held in a more delicate light: seductive, fragile, timid. The American woman is more equal in terms of ability, yet the role of the American woman is distinguished from the man’s role: women’s role is to support the man. Her supporting role does get recognition, but boundaries are firm.

Question 29

According to Jane Addams, what is a woman’s first duty and how has the rise of urban areas affected what this duty requires politically?

Answer 29

She says that a woman’s first duty is to the home. That a woman naturally observes everything around her, in her home, in her neighborhood, in her village, in the places of employment around her: that it is her obligation to extend her area of interest to all of those areas, makes sure conditions are conducive to prosperity in a healthful and decent manner. This is why she would be an asset if she had the right to vote. She could weigh in where the man could not, by virtue of his tunnel vision on his employment.

Question 30

What are some of the specific complaints that the writers of the Seneca Falls Declaration of Sentiments have?

Answer 30

• man has a tyranny over women
• men will not allow women a voice
• because she cannot vote, she has no representation
• he owns all her property
• made her morally irresponsible-he disciplines her, she is protected by the covenant of marriage

Question 31

According to Holloway, what is the difference between Justice Brennan’s living constitutionalism and Elaina Kagan’s living constitutionalism?

Answer 31

Kagan has “suggested that judges be guided by their own values in deciding cases.”
Brennan says a judge is to “discern the community’s current interpretation of the constitution- be guided by the publics contemporary values.

Question 32

How are Supreme Court justices appointed and how long is their a term of office?

Answer 32

Supreme Court justices are appointed by the president in office at the time of an opening. The president nominates and the senate judiciary committee confirms or rejects the nominee.

Question 33

How does Hamilton defend the power of judicial review against the charge will lead to the establishment of a judicial aristocracy?

Answer 33

The justice department doesn’t control any funding and government. President controls the sword. The court can’t use any tool other then making a judgment I can’t enforce the law.

Question 34

According to Carson Holloway, what is wrong with considering “community values” in Supreme Court decision making?

Answer 34

When in conflict with values, judges should choose the set of values that is most consistent with their values. They are not supposed to use their own values. They are supposed to consider values and in light of what is already written in the constitution.

Question 35

What interpretive method does Strauss propose as an alternative to “originalism” on the one hand and “Loosey-goosey” living constitutionalism on the other?

Answer 35

Strauss says that when Interpreting the constitution, the judiciary have to look at common law and precedent. The process of ruling depends on the evolution of the issue, what and how it has been brought to light and what solutions have been provided along the way.

Question 36

Briefly explain the difference between civil rights and civil liberties

Answer 36

Civil rights are the legal actions of the government takes to create equality for all people. Civil liberties are protections against government actions such as freedom from religious persecution.

Question 37

According to Thomas Jefferson, at what point is it appropriate for the state to regulate religious activities?

Answer 37

Only if the government is taking away the right to free opinion and imposing beliefs or stripping beliefs.

Question 38

Is lawlessness against the spirit of the American founding? Why or why not?

Answer 38

The founding fathers depended on the American people to be morally seeking and sound. It is on democratic, if people are not possessing in alienable rights, then one is oppressing the other.

Question 39

How would MLK distinguish between civil disobedience and lawlessness?

Answer 39

Martin Luther king says that it is OK to publicly demonstrate in a peaceful manner to take freedom rides promoting new found freedom and expelling negative energy, but he does not agree with breaking the law to demonstrate anger. Breaking an unjust law like a black person sitting in a white person’s seat is not being destructive. Rioting and looting is being distructive and that is lawlessness.

Question 40

According to MLK, what is the difference between a just and an unjust law?

Answer 40

An unjust law places one group of people in superior position to the other group of people. A just law never makes a group of people inferior to others. An unjust law goes against natural and eat ternal law. So promoting liberties for a segment of the population such as gay people and gay marriage does not place them in the superior position to anyone else.

Question 41

What does Mansfield mean when he refers to the rule of law? Why, according to Mansfield, is an attachment to the rule of law insufficient if the end of government is peace and prosperity?

Answer 41

Rule of law follows rules as written- even the elected have to follow the law.
Because-The rule of law Universal and not all circumstances will require universal law-things cannot be predicted for example 9/11. Leaders must take action without the constitution if the rule of law as insufficient. Laws don’t enforce them selves but must be enforced.

Question 42

What powers does Congress hold in relation to war according to Adam Cohen?

Answer 42

Congress can declare war: it has the authority to make decisions about the scope and duration of a war. Congress can raise money to support military. Congress can make rules concerning prisoners.

Question 43

What constitutional clauses does Mansfield identify as justifying the use of executive prerogative?

Answer 43

The “take care clause”-the president may have to go against the law to preserve order with in the nation article 2 section 3.(commander in chief).
“Vesting clause”, gives the president alone the executive power (power to pardon)

Question 44

According to Lincoln in his “perpetuation speech” what must be done in order to prevent the spread of mob rule?

Answer 44

In order to prevent the spread of mob rule Lincoln says everyone must obey the law to the letter and never tolerate the violation of the law by any other.

Question 45

What was the social and economic philosophy of the black nationalist movement?

Answer 45

Controlling the economy in black neighbor’s should be done by black ownership of the shops. Need to be educated in politics so that they know what they’re looking for in the politicians, they need their own political representatives, the new community control of the businesses, need to eradicate alcoholism and addiction that is destroying moral fiber of their communities.

Question 46

What are some of the constitutional safeguards against judicial usurpation

Answer 46

The court cannot use either the legislative branch or the executive branch, but can only judge.