Final Review Flashcards

1
Q

First Amendment Freedoms

A

religion, press, speech, assembly, petition, government

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2
Q

“clear and present danger”

A

under what circumstances limits can be placed on 1st amendment

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3
Q

poll tax

A

fee that one must pay in order to be allowed to vote

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4
Q

grandfather clause

A

permitted a man to vote if his grandfather could vote prior to the civil war, racially restrictive provision put in place by mostly southern states

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5
Q

jim crow laws

A

laws passed by souther states after Reconstruction, enforcing segregation

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6
Q

civil rights act 1964

A

Title II- ended segregation in public accommodations
VI- termination of federal aid to any program not ending segregation
VII- banned discrimination in employment

All enforced by Equal Employment Opportunity Commission

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7
Q

civil rights act of 1968

A

past partly in sympathy of the death of MLK Jr.

-extending anti-discrimination to the area of housing

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8
Q

de jure segregation

A

racial segregation that is legally sanctioned

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9
Q

de facto segregation

A

racial segregation that occurs as a result of decisions by private individuals

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10
Q

brown vs. board of education (1954)

A

supreme court case that declared racial segregation in schools unconstitutional
-among the most significant decisions the supreme court has made

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11
Q

plessy vs. ferguson (1896)

A

court decision declaring that separate but equal was constitutional
Plessy was 1/8th black and challenged laws of passenger cars

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12
Q

establishment clause

A
  • no state religions
  • state may not aid one religion over another
  • broadly read: no state involvement in any religious association
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13
Q

lemon test

A

governments actions must have a secular legislative purpose

  • most not have the purpose of advancing or prohibiting religion
  • must not result in excessive entanglement with religion
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14
Q

gideon vs. wainwright (1936)

A

6th amendment issue, the right to a fair impartial trial with jury by peers

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15
Q

miranda vs. arizona (1966)

A

protects individuals from tortured or coerced confessions by saying that person cannot be forced to testify against themselves
-“miranda” rights

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16
Q

fighting words doctrine

A

principle endorsed by the Supreme court that some words constitute violent acts and are not protected under the 1st amendment

17
Q

marbury vs. madison (1803)

A

established judicial review; the constitution is supreme law and binds all of the branches
-establishes a government with limited power

18
Q

judicia activism

A

any time a court overturns an established law or policy

19
Q

original jurisdiction

A

courts that try and resolve only those cases being heard for the first time

20
Q

appellate jurisdiction

A

courts that review the decision of lower courts to determine if constitutionality or statutory principles and procedures were correctly interpreted and followed

21
Q

9 justices of the supreme court

A
chief justice john roberts 
stephen breyer 
Ruth Bader Ginsburg 
Anthony M. Kennedy 
Sonia Sotomayer 
Antonin Scalia 
David Souter 
Elena Kagan 
Clarence Thomas
22
Q

majority opinions

A

written or assigned by chief justice if voting with majority, otherwise written by most senior justice voting with majority

23
Q

concurring opinion

A

written by any justice who agrees with the decision but disagrees with the majority

24
Q

Article III court

A
  1. U.S. District courts 2. U.S. Circuit court of appeals 3. Supreme Courts
  2. U.S. Court of claims 2. U.S. courts of international trade
25
Second type of Article III court
1. migistrate 2. bankruptcy 3. U.S. court of military appeals 4. U.S. tax court 5. U.S. court of veteran appeals
26
state courts
1. two sets of trial courts a. trial courts of limited jurisdiction (probate, family, traffic, etc.) b. trial courts of general jurisdiction (main trial-level courts)
27
bill of rights
originally not written in constitution, rights are not granted to the people by the government, they exist independently of civil society and the government
28
line item veto
executive can reject certain provisions of a bill
29
iron triangle
close, stable connection among agencies, interest groups and congressional committees
30
issue networks
loose, competitive relationships among policy experts, interest groups, congressional committees, and government agencies
31
Office of management and budget
responsible for president's budget, setting personal policy, reviewing every piece of proposed legislation that executive branch submits
32
government corporations
perform services that the private sector could not adequately carry out, charge for service, Amtrak
33
inner cabinet
four cabinets: state, defense, treasury and justice; secretaries usually have the closest ties to president
34
outer cabinet
provide interest groups access to executive branch of government