Final Review Flashcards
First Amendment Freedoms
religion, press, speech, assembly, petition, government
“clear and present danger”
under what circumstances limits can be placed on 1st amendment
poll tax
fee that one must pay in order to be allowed to vote
grandfather clause
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
jim crow laws
laws passed by souther states after Reconstruction, enforcing segregation
civil rights act 1964
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
civil rights act of 1968
past partly in sympathy of the death of MLK Jr.
-extending anti-discrimination to the area of housing
de jure segregation
racial segregation that is legally sanctioned
de facto segregation
racial segregation that occurs as a result of decisions by private individuals
brown vs. board of education (1954)
supreme court case that declared racial segregation in schools unconstitutional
-among the most significant decisions the supreme court has made
plessy vs. ferguson (1896)
court decision declaring that separate but equal was constitutional
Plessy was 1/8th black and challenged laws of passenger cars
establishment clause
- no state religions
- state may not aid one religion over another
- broadly read: no state involvement in any religious association
lemon test
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
gideon vs. wainwright (1936)
6th amendment issue, the right to a fair impartial trial with jury by peers
miranda vs. arizona (1966)
protects individuals from tortured or coerced confessions by saying that person cannot be forced to testify against themselves
-“miranda” rights
fighting words doctrine
principle endorsed by the Supreme court that some words constitute violent acts and are not protected under the 1st amendment
marbury vs. madison (1803)
established judicial review; the constitution is supreme law and binds all of the branches
-establishes a government with limited power
judicia activism
any time a court overturns an established law or policy
original jurisdiction
courts that try and resolve only those cases being heard for the first time
appellate jurisdiction
courts that review the decision of lower courts to determine if constitutionality or statutory principles and procedures were correctly interpreted and followed
9 justices of the supreme court
chief justice john roberts stephen breyer Ruth Bader Ginsburg Anthony M. Kennedy Sonia Sotomayer Antonin Scalia David Souter Elena Kagan Clarence Thomas
majority opinions
written or assigned by chief justice if voting with majority, otherwise written by most senior justice voting with majority
concurring opinion
written by any justice who agrees with the decision but disagrees with the majority
Article III court
- U.S. District courts 2. U.S. Circuit court of appeals 3. Supreme Courts
- U.S. Court of claims 2. U.S. courts of international trade
Second type of Article III court
- migistrate 2. bankruptcy 3. U.S. court of military appeals 4. U.S. tax court 5. U.S. court of veteran appeals
state courts
- 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)
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
line item veto
executive can reject certain provisions of a bill
iron triangle
close, stable connection among agencies, interest groups and congressional committees
issue networks
loose, competitive relationships among policy experts, interest groups, congressional committees, and government agencies
Office of management and budget
responsible for president’s budget, setting personal policy, reviewing every piece of proposed legislation that executive branch submits
government corporations
perform services that the private sector could not adequately carry out, charge for service, Amtrak
inner cabinet
four cabinets: state, defense, treasury and justice; secretaries usually have the closest ties to president
outer cabinet
provide interest groups access to executive branch of government
