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Political science > Exam 2 > Flashcards

Exam 2 Flashcards

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1
Q

Civil Rights (definition)

A

Rights that the government must provide and protect
* voting rights
* equal opportunity
* equal protection under the law

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2
Q

Civil Liberties (definition)

A

Basic political rights that the government may not infringe

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3
Q

Judicial Activism vs Judicial Restraint

A

Judicial activism
* a doctrine holding that the federal judiciary should take an active role by using its power to check the activities of governmental bodies when those bodies exceed their authority
* linked with liberalism

Judicial Restraint
* a doctrine holding that courts should defer to the decisions made by the elected representatives of the people in the legislative and executive branches when possible
* linked with conservatism

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4
Q

Supreme Court appointment process

A

Has become much more partisan and ideological

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5
Q

USSC Chief Justices…

A

Earl Warren, Warren Burger, William Rehnquist, John Roberts

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6
Q

Sandra Day O’Connor

A

1st women appointed to the Supreme Court

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7
Q

Functions of the Supreme Court

A
  1. Legitimacy (sc works as the referee between gov and states)
  2. interpretation of law
  3. Policy making
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8
Q

Right to privacy

A

Griswold v. CT (1965)
- applied parts of the 1,3,4,5, and 9th amend
- involves birth control
- family owned businesses was arrested for selling birth control to married couples
- gov had no business in what families did in own home
- right to privacy and right to birth control

Roe v. Wade (1973)
- gave women right to abortion based on right to privacy
- Dobbs v. Jackson Women’s Health Organization overturned this

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9
Q

Griswold v. CT (1965)

A
  • involves birth control
  • family owned business was arrested for selling birth control to married couples
  • gov had no business in what families did in own home
  • right to privacy and right to birth control
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10
Q

Roe v. Wade (1973)

A
  • gave women right to abortions based on right to privacy
  • Dobbs v. Jackson Women’s Health Organization (2022) overturned this
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11
Q

De jure vs de facto discrimination

A

De jure: discrimination of people by law aka institutional discrimination (easier to fix bc you’re just changing policy)

De facto: social discrimination (harder to fix bc it involves changing people minds/heart)

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12
Q

Selective Incorporation

A

Using the 14th amend to apply Bill of Rights to the States (what this does is that it allows everyone the same rights in all states)

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13
Q

Gitlow v. NY (1925)

A
  • involved speech rights
  • determined that the 14th amendment protected the freedom of speech guaranteed by the First Amendment to the Constitution from state infringement
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14
Q

Near v. MN

A
  • involved gov censorship
  • freedom of the press
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15
Q

Gideon v. Wainright (1963)

A
  • right to counsel
  • gideon a white male was accused of murder, did not have an attorney and represented himself, he was sentenced to life in prison
  • he later realized he was entitled to representation and got his conviction overturned
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16
Q

Mapp v. OH (1964)

A
  • search and seizure (4th amendment)
  • exclusionary rule comes out of this
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17
Q

Miranda v. AZ (1966)

A
  • reading ppl their rights
  • Miranda a special needs person was accused of assaulting a woman
  • Did not know his rights, did not have an attorney and confessed to a crime he did not commit
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18
Q

Bill of Rights:

A

1—6, 8, 9 amendments
* did not apply to most people, mostly people who had a problem with the gov

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19
Q

Civil Rights Amendments

A

13, 14, 15, 19, 24, 26, amends

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20
Q

1st amend

A
  • free expression (speech/symbolic speech), free press, freedom of/from religion, assembly (aka protest)/association (marriage or who you associate yourself with), petition
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21
Q

2nd amend

A
  • state militias (due to fear of slave rebellions/attacks from Indian tribes), private means of protection
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22
Q

3rd amend

A
  • freedom from gov surveillance
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23
Q

4th amend

A

Warrants/due process, protection for personal property (stuff/belonging)

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24
Q

5th amend

A
  • freedom from self-incrimination, private property rights (capital assets: land, farm, businesses, etc) / eminent domains
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25
Q

6th amend and 7th amend

A
  • speedy trials; jury trial
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26
Q

8th amend

A
  • prohibitions against excessive bails and cruel and unusual punishment
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27
Q

9th amend and 10th amend

A

Rights retained by the people; powers reserved to the states

28
Q

13th amend

A

Ended slavery (except in incarceration)
- human trafficking is the current version of slavery

29
Q

14th amend

A

Mandated equal opportunity and equal protection under the law; birthright citizenship (longest in the constitution)

30
Q

15th amend

A

Gave all (male) citizens the right to vote

31
Q

19th amend

A

Gave women the right to vote

32
Q

24th amend

A

Prohibited poll taxes

33
Q

26th amend

A

Gave 18 year olds the right to vote

34
Q

Historic Civil Rights and Liberties violations by the US gov

A
  • Plessy v. Ferguson - legalized racial segregation
  • Shelby County vs. Holder
  • USA Patriot Act 2001
35
Q

Civil Rights Act of 1964

A
  • assassination of JFK compels Congress to pass civil rights act
  • enforces 14th amendment
  • title XII (7) against sex discrimination
  • Includes equal rights for people of color and for women
  • Less controversial than Voting Rights Act

Book
* created the Equal Employment Opportunity Commission to administer title XII
* the acts major provisions included…
- outlawed arbitrary discrimination in voter registration
- barred discrimination in public accommodations
- authorized the federal government to sue to desegregate public schools/facilities
- expanded power of the Civil Rights Commission and extended its life
- withheld federal funds from programs administered in a discriminatory behavior
- establish the right to equality of opportunity in employment

36
Q

Voting Rights Act of 1965 and Section 2 + Shelby County v. Holder (2013)

A

Voting Rights Act of 1965 enforces 15th amend (gave all male citizens a right to vote)
- more controversial
- resulted in many politicians, not being elected
- also outlawed discriminatory voter registration tests
- authorized federal registration of voters in any political subdivision or state that discriminated electorally against a particular group

Section 2: prohibits voting practices or procedures that discriminate on the basis of race, color, religion, gender
Section 4(b): pre-clearance requirement
Section 5: Section 5 of the act requires that new voting practices or procedures in jurisdictions with a history of discrimination in voting be approved by the national government before being implemented.

Shelby county v. Holder : weakened voting rights act
- invalidated pre-clearnence requirement
- led to concerns about increase in voter suppression and discriminatory practices

37
Q

Brown v. Board of Ed of Topeka, KS (1954-55)

A
  • judicial actions
  • Class action suit*
  • 1954 ruling ordered desegregation of schools; overturned Plessy vs. Ferguson (1896) (ruling that apartheid Jim Crow, and legitimized all forms of segregation in the south)
  • involved a mixed racial heritage male in a trolley that was segregated (public transportation)
  • Someone knew about his racial heritage and opposed his presence in the white trolly, He was arrested
  • 1955 ruling ordered desegregation ” with all deliberate speed” after nothing was done with the 1954 ruling
38
Q

Regents of the University of California (aka UC Davis) v. Blake (1978)

A
  • ‘are there limits’
  • the first Supreme Court case addressing the constitutionality of affirmative action
  • Bakke a white make, low income student, applied to UC Davis ‘special admissions program’ and was rejected even though he received higher test scores than those accepted who were minorities (reverse discrimination)
  • he filed law suit arguing that the program violated the equal protection clause under the 14th amendment, and cited Title 6 of the Civil Rights Act
  • Bakke won
  • court did not rule against affirmative action programs but also ruled that race can not be the sole factor in admissions
39
Q

Death Penalty

A
  • Furman v. GA
  • Greg v. GA
40
Q

Furman v. GA (1972)

A
  • ruled that death penalty was applied arbitrarily on the bases of race
  • ruled that there was a violation of the 8th amendment, protection against cruel and unusual punishment
41
Q

Gregg v. GA (1976)

A
  • a sequel to Furman v. GA
  • restored death penalty
  • provided that there was a “bifurcated” (two-step) trial and scentencinggprovess, which must consider . . .
    1) aggravating circumstances;
  • where other crimes committed at the same time as the murder
  • are we dealing with a career criminal? Serial killer? Threat to society?
    2) Mitigating circumstances
  • 1st offense?
  • mental state at the time of killing?
  • history of abuse as a victim
42
Q

Bifurcated process; aggravating/mitigating circumstances

A

Greg v. GA provided that there was a “bifurcated” (two-step) trial and sentencing process, which must consider . . .
1) aggravating circumstances;
* where other crimes committed at the same time as the murder
* are we dealing with a career criminal? Serial killer? Threat to society?
2) Mitigating circumstances
* 1st offense?
* mental state at the time of killing?
* history of abuse as a victim

43
Q

Title IX

A

Gender equity

44
Q

Affirmative Action

A

A policy in educational admissions of job hiring that gives special attention or compensatory treatment to traditionally disadvantaged groups in an effort to overcome present effects of past discrimination

45
Q

Equal Employment Opportunity

A
  • deals with gender equity
  • Title IX, 9, gender equity
  • in jobs (takes effect after youv’e been hired), college admissions, etc
  • gov can sue on your behalf
46
Q

Bowers v. HARDWICK (1986)

A
  • upheld GA state anti-sodomy laws
  • court upheld a Georgia law that made homosexual conduct between two adults a crime
  • was later overturned by Lawrence v. Texas
47
Q

Class action suit

A
  • a lawsuit filed by an individual seeking damages for “ all persons similarly situated”
  • the brown class were class action suits
48
Q

USA-PATRIOT Act of 2001

A
  • significant piece of anti-terrorism legislation however . . .
  • it potentially violates citizens freedom from unreasonable searches and seizures
  • Warrantless surveillance without court approval violates due process
  • It does not require the government to have “probable cause” for surveillance
  • Makes even unknowing association with suspected terrorists a deportable offense ( freedom of association violation )
49
Q

Affect vs. Cognition in voting decision

A

Affect (emotional response) - includes fear, anger, empathy towards candidates or issues
Cognition (how you should vote/what is good for me/society) - is more logic based

50
Q

Buckley v. Valeo (1976)

A
  • defined campaign funds as free speech
  • no regulation on how much citizens spend on political campaigns
51
Q

FECA

A

Federal Election Campaign Act
- contribution limits
- spending limits

52
Q

State elections administration

A

It’s up to the states for how each wants to administer elections

53
Q

Bill of Rights

A

The first 10 amendments

54
Q

Citizens United v. Federal Election Commission 2010

A

Overturned part of McCain-Feingold campaign finance law (which banned soft money)

55
Q

What level of government conducts elections?

A

States

56
Q

Why do we have elections?

A
  1. Legitamacy
  2. Choosing leaders
57
Q

Main goal of political parties?

A

Win elections

58
Q

Realignment vs Dealignment

A

Realignment - changes in partisan majorities
Dealignment - rise in independent voting

59
Q

Fiscal

A

Having to do with government revenues and expenditures

60
Q

Political Reforms During the Progressive Movement

A
  • voter registration: prevent nons citizens from voting and people voting more than once
  • secret ballots: no one knows who you voted for
  • split ticket voting
  • at large elections
  • non-partisan elections/offices (meaning candidates or nominees and local elections cannot state what party they support)
  • open primary elections
  • sunshine laws (open meetings/records/transparency)
61
Q

Hiram Johnson (initiative, referendum, recall)

A

Hiram Johnson advocated for reforms during progressive movement

Initiative: process by which citizens can propose legislation or constitutional amendments
Referendum: process that allows voters to approve or reject legislation passed by the legislature
Recall: A process that allows voters to remove an elected official from office before the end of their term

62
Q

Earl Warren

A

Earl Warren Court from 1953 to 69
* emphasized, civil rights and liberties and rights of the accused
* brown rulings, Map v. Ohio, Gideon v. Wainwright, Griswold v. CT

63
Q

Warren Berger

A

Warren burger court 1969 through 86
* moderate, became more conservative as more Republican presidents appointed justices

64
Q

William Renquist

A

William Renquist court from 1986 through 2006
* hard right turn during the Reagan years
* Bowers versus Hardwick
* Webster versus reproductive health
* Bush versus Gore

65
Q

John Roberts

A

John Roberts Court
* corporist, rather than socially conservative
* citizens United versus federal election commission

Political science (6 decks)

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