FINAL

Question 0

What is checks and balances?

Answer 0

Each branch of government has a certain amount of power over the other so no one branch becomes too powerful.
If president vetos a bill he puts a check but congress can put a check on him and pass it if they get 2/3 the vote.

Question 1

What is a Bicameral Legislature?

Answer 1

A legislative body that has two separate chambers or houses, often with equal authority to pass or amend legislation.

Question 2

What are the separation of powers?

Answer 2

Dividing governmental power into three basic types- making laws, executing the laws, and adjudicating controversies that arise under the laws. Legislative, executive, and judicial.

Question 3

What were the Miranda warnings?

Answer 3

Warnings required by the Supreme Court that when police are arresting a suspect they have to give the right to remain silent and to have the assistance of an attorney. “The suspect must be worn prior to any questioning that he has the right to remain silent, then anything he says can be used against him in the court of law, that he has the right to the presence of an attorney, and if he cannot afford an attorney one will be appointed to him prior to any questioning if he so desires”

Question 4

What was roe vs. Wade?

Answer 4

Case on abortion. Roe won said the decision was the woman’s decision.

Question 5

What was Gideon vs. wainwright?

Answer 5

Gideon arrested for stealing couldn’t afford an attorney. Wrote a letter to the Supreme Court claiming it was unconstitutional because he couldn’t afford a lawyer. The Supreme Court ruled that the constitution requires states to provide attorneys for defendants who can’t afford them. Gideon was acquitted of his charges and won his case.

Question 6

What is the writ of certiorari?

Answer 6

The loser of a court case appeals from federal appeals courts seeking a hearing before the highest court U.S. Supreme Court review.

Question 7

What does Amicus Curiae Brief mean?

Answer 7

“Friend of the court” a brief submitted but a person or organization that had an interest in the outcome of a case but is not formally involved.

Question 8

Who were the federalists?

Answer 8

Supporters of the ratification of the constitution of 1787

Question 9

What are the separation of powers?

Answer 9

Dividing governmental power into three basic types- making laws, executing the laws, and adjudicating controversies that arise under the laws. Legislative, executive, and judicial.

Question 10

What was Dred Scott v. Sandford?

Answer 10

Dred Scott was sold as a slave but his owner moved to a free state. Sanford was his owner. Was called the worst Supreme Court decision in history.

Question 11

What was Marbury versus Madison?

Answer 11

Established judicial review. Midnight judges called Thomas Jefferson going to take path of office john Marshall didn’t hand out the judge ship to William Marbury. Writs of mandamus law passed by congress

Question 12

What is the necessary and proper clause?

Answer 12

The final clause of article 1 section 8 of the Constitution it empowers Congress to make all laws necessary and proper in order to carry out the federal government’s duty. McCulloch versus Maryland

Question 13

FDR’s court packing plan?

Answer 13

National recovery act
Agricultural adjustment act - found to be unconstitutional. “If any Supreme Court justice was over 70 yrs old and did not retire he could replace then for someone younger. He wanted to change the court to change the ruling. Judicial procedures reform bill failed

Question 14

Brown vs. Board of eduction

Answer 14

Thurgood Marshall was arguing that black and whites should be in a non segregated school setting. Concluded that seperate but equal had no place in the constitution and they unanimously said the plaintiffs were protected under 14th amendment.

Question 15

Judicial self-restraint

Answer 15

Judges should exercise restraint in the kind of cases they decide, deferring to the political branches on most matters.

Question 16

Stare Decisis

Answer 16

“Let the decision stand” judges to look past precedents as a guide whenever possible. Such as brown vs. The board of education overturning plessy vs. Ferguson

Question 17

Judicial Review

Answer 17

The power of the courts to strike down laws that they judge to be in violation of the federal or state constitutions.

Question 18

Judicial Activism

Answer 18

Criticism that under the disguise of interpreting the constitution, federal judges read their own policy preferences into fundamental law. Critics insist that judges should follow a strict construction of the constitution by looking to the original content of it’s framers or the original meanings of it’s provisions.

Question 19

Judiciary Act of 1789

Answer 19

Law passed by the first congress that creates a three tiered federal court structure. The first law that constructed a federal court system.

Question 20

What was the critical period of American history?

Answer 20

Near bankruptcy of the central government, it’s inability to conduct effective foreign-policy, commercial and territorial conflicts among the states, as well as nationwide economic and social distress. The establishment of a new government under the new constitution. The confederate congress could not govern the new nation. There was conflict between the states commercially/territorially.

Question 21

What is the United States Court of Appeal?

Answer 21

Federal courts intermediary between the district courts and the Supreme Court one for each of 12 regions of the country and one for the federal circuit which handle specialized cases. They did not have their own judges but were staffed by the district judge in the state where the Circuit Court met into Supreme Court justices.

Question 22

What is the commerce clause?

Answer 22

Article 1 section 8 of the Constitution empowering Congress to regulate commerce with foreign nations and among the states. It has supplied the basis for federal regulation of business as well as other domestic policy initiatives.

Question 23

What was the exclusionary rule?

Answer 23

Imposed by the Supreme Court that prohibits the use in court of evidence improperly obtained, no matter how Relevant to demonstrating guilt. Critics complain that it frees the guilty and does little to deterred police misconduct. There are exceptions such as the good faith exception which says that on the basis of a warrant that was later shown to be improperly issued the evidence could stand.

Question 24

What is the free exercise clause?

Answer 24

Congress can’t prevent Americans from practicing their religion freely. Madison claimed religious instruction would violate individual conscience and undermine religion itself.

Question 25

What is the establishment clause?

Answer 25

Provision of the first amendment that prohibits congress from making a law “respecting an establishment of religion.” There shall be no national religion established by congress.

Question 26

What is the lemon test?

Answer 26

A three-part rule of thumb made in 1971 to govern a Establishment clause cases. A law that raises a establishment clause issues may withstand challenge only if it has a secular legislative purpose, it’s main effect neither advances nor inhibits religion, and it does not foster and excessive government entanglement with religion.

Question 27

What was the incorporation doctrine?

Answer 27

The court Inc. more specific provisions of the Bill of Rights against the states in attempts to strike down state laws there by shifting the key deliberations from state and local elected officials to federal judges. It’s the judicial doctrine that the due process clause of the 14th amendment in effect incorporates most of the specific rights in the Bill of Rights against state

Question 28

What was the bill of attainder?

Answer 28

An act by a legislator convicting someone of a crime and imposing a punishment without a trial before a court. It was passed by British Parliament. New American states to use them during the revolution to Confiscate the property of the loyalists. They resulted in convictions and punishment without proper judicial procedures, so the authors of the constitution believed they violated separation of powers and were unfair.

Question 29

What was the Ex post facto law?

Answer 29

A makes an act criminal after it was committed or increases the penalty after the fact. This prevents a legislator from passing a law to punish and unpopular person by making his or her actions criminal although they were legal when they were done. The constitution prohibited states from issuing their own currency.

Question 30

What was the due process of law?

Answer 30

Procedural Protections that the 5th and 14th amendments require government to follow before depriving anyone of life, liberty, or property. These include at least fair notice and opportunity to contest charges before a neutral tribunal.

Question 31

What were the black codes?

Answer 31

Laws passed by many of the southern states immediately after the Civil War to restrict the rights and freedom of the former slaves, tying them to the soil, and imposing more severe criminal punishments on the blacks and then on whites.

Question 32

What were the Jim Crow Laws?

Answer 32

Passed in South 1870s mandated this segregation of the races in virtually all social relations, such as transport Tatian, housing, restaurants, churches, hospitals, cemeteries, and entertainment. This states restricted black political power by requiring literacy tests and charging Poll taxes.

Question 33

What was segregation?

Answer 33

This separation of the races in housing, the use of public accommodations, employment, or education.

Question 34

What was the Seneca Falls convention?

Answer 34

First public meeting to discuss women’s rights. There they created the “declaration of sentiments” 250 women and 40 men attended. Stanton and Susan B. Anthony Lucy stone Julia Howe Lucretia Mott

Question 35

What was the rational basis test?

Answer 35

The lowest level of scrutiny used by the Supreme Court in addressing constitutional issues. It requires only that the law or government program be rationally related to some legitimate government function or interest. Requiring no more then some reasonable grounds for the distinctions in the law.

Question 36

Intermediate or heightened scrutiny

Answer 36

The level of scrutiny Supreme Court uses to evaluate the legality of laws or government policies and programs that distinguish between the sexes in such cases the government must show that the distinction serves important governmental objectives and is substantially related to the achievement of those objectives.

Question 37

What are precedents?

Answer 37

Prior court decisions on similar matters. Court justices rely heavily upon these.. They show the links between the current decision and those of the past.

Question 38

What is ripeness?

Answer 38

The courts will not hear cases brought prematurely.

Question 39

What is mootness?

Answer 39

The courts will not decide a case if the dispute has been results or rendered a relevant by subsequent events. Even if the case is ripe. For example roe vs. Wade by the time the case reached the courts she had Already given birth

Question 40

What are political questions?

Answer 40

The courts should not decide issues that the constitution has given over to the discretion of the Congress or the president

Question 41

What is a popular referendum?

Answer 41

A process where people gather signatures to enable the voters to except or reject measures that the legislator has passed.

Question 42

What are recall elections?

Answer 42

Special elections where voters in some states may oust officeholders before their regular terms expire.

Question 43

What is ballot initiative?

Answer 43

Allows citizens to draft their own legislation and get it on the ballot through a petition with signatures

Question 44

What is a legislative referendum?

Answer 44

A vote that takes place when a state legislator sends measures to the people for their approval.

Question 45

What is a majority leader?

Answer 45

In the Senate it is the highest ranking member of the majority party. In the house it is the highest ranking member after the speaker. Runs the chambers day-to-day business and plans it’s agenda.

Question 46

What is the minority leader?

Answer 46

In the Senate and the house it’s the highest ranking member of the minority party. Attempts to outwit the majority on the floor.

Question 47

What is a whip in Congress?

Answer 47

Party leader who counts votes and gathers support from party lawmakers.

Question 48

What is diversity rationale?

Answer 48

The argument that racial, ethnic, and gender diverse city in schools in the workplace is a worthy goal in itself and ought to be promoted by the government. It defends affirmative action policies.

Question 49

What is affirmative action?

Answer 49

Governmental policies that require special efforts to recruit minorities or women in employment, education, or public contracts. It grants preferences to minorities or women in those as well. Sandra Day O’Connor wrote many important decisions on voting rights in affirmative action.