Gov Flashcards
Autocrat
Dictator, despot
Ruler with absolute power
Bands
Small group of families in an area
Bourgeoisie
Rich property owner takes advantage of workers
Bureaucracy
System of departments
Code of Hammurabi
First law
Communism
Gov own means of production, share things
Economy
Ways society makes, distributed, consumer goods n services
Enlightened despots
Benefit ppl
Kinship
Family relation
National gov
Make n enforce laws
Gov of nation-states
Nation states
Groups of ppl with territory, gov, sovereignty
Power elite
Elites in U.S. hold position too Econ, military, politic
Preamble
Purpose of constitution
Proletariat
Workers own nothing for labor
Public services
Meet social n Econ need of the ppl
Sovereignty
Power of state to determine gov, Econ, social
Tribes
Group/band of ppl related by family
Constitution
Plan of gov
Policies
Action gov takes
Purposes of gov
Protection Order-law Conflict resolution Econ stability Public services
Economic question
What should b produced
How it should
Who should get it
Preamble
Unified country Create law n court system Peaceful relations-tranquility Army Promote well being-welfare Protect freedom-liberty
learning gov
to understand our own gov and create the best gov
force theory
small group use force to gain control n force ppl to submit to their policies
evolution theory
gov evolved from family ties
family will join together into bands
bands join together into tribes
gov based on: age wisdom skills
divine right theory
god established a ruler
social contract
trade
gov got power
ppl got protection n order
john locke
influential
gov: protection/oder
ppl give up power in exchange for benefits
claim: gov get s right to govern from ppl
second treatise
this estate: state of freedom
ppl must agree to give up freedom
divest himself of: giving up natural right
bonds of civil society: becoming a citizen
any that are not of it: society protects members from nomenbers
authority
power that is accepted by the ppl, has legitimacy: having the right to rule
characters of nation state
population
borders
gov
sovereignty
sovereignty
power to determine form of gov, econ, social system
elites
ppl holding the power, help understand power/gov
elitist theories
only a small group of ppl hold power
pluralist
large # of ppl hold power
power is distributed among dif elites n instiution
no one group can dominate all of gov, only spec policies
elitist theories
marx
mills
weber
marx
elits control econ, owners of means of production
bourgeoisie
proletariat
mills
power elites control econ, polit/gov, milit
weber
elites: bureaucrats n control large organization.
morgenthau
essence of gov-polit/relationships is struggle for power
which allow for influencing ppl thought/action. psych not phy
why ppl obey those with power
expectation of benefit
fear of disadvantage
love/respect
how power is put into effect
orders/threats
authority
charisma
classify by who has power
democracy
dictator
democracy
power held by ppl
direct
indirect/representative: republic
dictatorship
ppl doesn’t have an power, gov does what they want
autocracy: one person holds power
oligarchy: small group of ppl w/ power
classify by how much power
totalitarian
authoritarian
limited gov
anarchy
classify by where power is located
unitary
federal
confederate
unitary
centralized in one location
federal
divided btw central gov n localized gov
DIVISION OF POWER
confederate
power divided evenly among states
central gov not powerful
classifying gov by how power is distributed
parliamentary
presidential
parliamentary gov
executive branch has members from legislative
legis: parliament controls executive
presidential gov
legis n exec are separate, check n balances
totalitarian
gov has total power over ppl’s lives
authoritarian
gov has lots of power, not all
limited gov
allow for ppl’s freedom
anarchy
no gov
aristotle
democracy n oligarchy are big categories
change has to b something ppl want
8 tenets of american democracy
individ worth individ freedom equality popular sovereignty: consent of ppl majority rule limited gov compromise
Founders
sign declaration, constitu. revolution
turned to enlightment ideas
make gov based on natural laws
enlightment
movement that uses reason/rationalization for human activities 1600
grew out of scientific revolution but examines society not natural world
Thomas Jeff
brilliant inventor, statesman, architect, planter.
religious freedom n pubedu.
weak fed gov. gov will corrupt, new revolutions r needed
owned slaves
J Adams
lawyer
brit werent being true to their principles
strong fed gov that needs to b checked
doubts about demo. ppl need wise leader cuz they’re dumb. misogynist- no women’s right
G washington
action not brains. in military
stability n scurity
no international allies or political parties
B Franklin
didn’t support independence earlier but rather compromise. mediator, focused on diplomacy
need international allies- france
P Henry
good public speaker. thunder, give me liberty or give me death
weak central gov, liked articles, opposed ratifying
S Adams
Locke, overthrow unjust leaders. boston tea party
weak central gov, wanted ratification. minority rights
causes of enlightment
renaissance: rebirth of learning n exploration
protestant reformation: individ question their beliefs
scientifc revolution. hypothesis-test. question everything, against religious
natural laws
rules that explain behaviors found in nature, both in nature n society
enlightment thinkers
identify natural laws that governed behaviors. humans have natural rights: rights that come from being human (life, liberty, property)
ppl should have freedom of thoughts n exoression
Rene descartes
usefulness of doubt. skeptism bc ppl’s sense can b distorted, need logic=truth
jean-jacques rousseau
ppl in natural state were good but gov corrupts them bc gov doesn’t promote good
montesquieu
gov should b based on natural laws
SPIRIT OF LAWS: powers should b divided in 3 branches
Voltaire
free speech, press, religion
Emmerich de Vattel
Laws of Nations
natural laws applied to nations
John Locke
Social contract
ppl natural state is peaceful, gov has to protect their rights n property or b overthrown
Thomas Hobbes
social contract: rulers have abosultute power
natural state: anarchy, volence, self absorb
magna carta
english charter, require kings to renounce his rights n follow the law
ancient greece
ppl should vote for their leaders/ laws
ancient rome
republic then monarch
english bill of rights
no one is above the law
2nd treatise
reason: law of nature
protected: life, liberty, possessions
ppl don’t need to obey the leader when they use unlimited power
declaration
self evident
equality. gov secure rights with power from the ppl. ppl can overthrow gov if needed
rd to independence
george 3 proclamation 63 sugar/stamp act townsh3end act boston massacre intolerable act begin war declaration treaty independnence 76
continental congress
response to intolerable act
2nd continetal congress
after war began, declaration and wrote articles
treaty of paris
Great Britain recognized the 13 colonies as free and sovereign states.
The United States’ borders were agreed upon.
The United States would have fishing rights off the coast of British Canada.
Congress promised to ask the states to return property taken from loyalists.
Both nations recognized the rights of creditors, loyalists, and prisoners of war.
Both nations were given perpetual access to the Mississippi River.
american gov
continental congress-ununified
states wrote their own constitution-popular sovereignty, separation of power, bill of right
articles
constitution every state is a sovereign nation, single legislative congress, only one branch of gov
northwest ordinance
admitting new states
It would accept a territorial government controlled by Congress.
After it reached a certain population (5,000 adult males), it would create a legislature and send a (nonvoting) representative to Congress.
When the population grew much larger (60,000 adult males), it would apply to be admitted as a full-fledged state with voting privileges in Congress.
prohibit slavery, treat NA good, religious freedom
weakness of article
national gov couldn’t
Make the states go along with the decisions of Congress
Tax citizens
Require states to contribute money to the national government
Pass a law unless nine of the 13 states agreed
Regulate trade
shay’s rebellion
national gov: debt-recession. famers in debt conflict with urban parts of MA bc merchants try paying of war debt through tax. shay led mob farmer attack courthouses. governor as national to send troops but they didnt have funds. legislator stop paying off war debt
annapolis convention
representatives meet to call on all representatives to revise articles
fighting among states destroy union n legislature doesn’t protect basic rights
constituitonal convention- philadelphia
delegate/framers were late. articles was not revised but scrapped n wrote a new constitution
virginia plan
congress: bicameral. # of representatives based on population. strong central
new jersey pln
equal # of representatives. weak central. unicameral
great compromise
bicameral congress. one house: equal representation, other house based on population
3/5 compromise
to help determine population. counted each slave as 3/5 of a man. capitation tax also counted 3/5 of slave population towards the total populaion
slave compromise
congress can regulate trade but was forbidden to take action against slave trade for 20 yrs
committee on style
morris n hamilton edited draft. preamble, articles, amendment. language: general
federal compromise
some powers given to national some to state some to both
ratifying
approve by the official body 9/13 states
federalists
supports ratification strong central madison hamilton jay
feared power of majority
anti federalist
didn’t want to ratify, weak central
henry
hancock
S. adams
the federalist papers
essays urging ratification
bill of rights
first admendments to get states to ratify n end debates. NY n virginia was needed
timeline
The Constitutional Convention begins
Congress sends the Constitution to states for ratification
George Washington takes the oath of office as president of the United States
The Bill of Rights is ratified.
preamble
summarizes the basic ideals of the United States and explains why the Constitution was written. lays out principle n purposes. introduction
articles
2nd part of constitution. 7. main part. branches, state relations, amendment process, law of land, ratification
amendments
3rd part. alteration to the constitution. 27
constitution
an outline about how the government should be run. In fact, many parts of the Constitution can be read more as a statement of principles than as a plan for government.
vague for change/flexibility
judiciary act
created the first set of federal courts, created by congress. constitution creates supreme court
article 4
relation btw states n way conflict should b resolved. each state is a republic
article 5
how to amend, very difficult. 27. proposed by congress then ratified by states. can call for new constitutional convention
article 6
hodgepodge, general provision. constitution: supreme law of land. federal law superior to state law: supremacy clause. all officials have to take oath
article 7
ratification
how ratification must b achieved 9/13
necessary and proper clause-elastic clause
congress have power that are not stated in constitution. make laws that are necessary and proper, vague, expand power to fed gov
principles of constitution
limited gov popular sovereigny federalism: division separation of powers: branches checks and balances
delegated/enumerated power/expressed powered spelled out in constitution
powers clearly given to fed gov by constitution. EXPRESSED
Print money
Regulate interstate (between states) and international trade
Make treaties and conduct foreign policy
Declare war
Provide an army and navy
Establish post offices
Make laws necessary and proper to carry out these powers
reserved power
powers not given to fed gov but are given to state by constitution. powers not given to fed and not prohibit for the states are given to states/ppl
Issue licenses
Regulate intrastate (within the state) businesses
Conduct elections
Establish local governments
Ratify amendments to the Constitution
Take measures for public health and safety
Exert powers that the Constitution does not delegate to the national government or prohibit the states from using
concurrent powers
powers shared by both fed n state gov
Collect taxes Build roads Borrow money Establish courts Make and enforce laws Charter banks and corporations Spend money for the general welfare Take private property for public purposes, with just compensation
pocket veto
If the president has not signed the bill after 10 days, it becomes law without his signature. However, if Congress adjourns during the 10-day period, the bill does not become law. can veto latw by waiting till congress goes home
formal amendment process
proposed by congress/national convention-start with states. by approved 3/4 of states/or stlegislature/convention
2/3 congress has to approve amend
38 states ratify
informal amendment
doesn’t change constitution changes way constitution function not text
congressional action
presidential action
supreme court decision
custom
congressional action
creates curt sysem n regulatory agencies
presidential action
sends forces without congress declaring war, make executive agreements
supreme court decision
judicial review-constitiutional?
custom
cabinet. no 3rd term before Franklin Roosevelt
implied powers
powers of fed that arent stated but SUGGESTED or implied by necessay and proper clause
elastic and commerce clause
inherent powers
are not stated bc they are assumed to b the duty of gov. NOT IN THE CONSITUTION
secure border, reul immigration, protection, relation with other nation-states
add territory, perserve the nation
denied powers
listed in article 1 n bill of rights
pass ex post facto laws
grant titles of nobility
national bank
Hamilton: supports, to pay bills. it is not forbidden. implied power can b used. gov apply its power by all appropriate means
Jefferson: objections to fed. national bank is not delegated. bank is not necessary. nondelegated powers are reserved to states. bank: reserved power
supremacy clause
fed gov/law over state gov. fed gov looks out for state gov against invasion n domestic voilence
full faith n credit clause
state cooperation n respect each other’s law
history of federalism
dual: evenly divided
cooperative: collaborated
creative: expanded fed
new: powers to states
grants in aid
grants of money made by one gov unit to another for spec purpose. fed supports state
categorical: spec purpose
block: general purpose
republican gov clause
fed gov will protect ppl against abusive state
indentured servants
workers who signed a contract to work for a home and pay their passage to US. 7 yrs
suffrage
rights were reserved for the states to decide. sometimes, religion was a requirement
- 21 yrs old white male owned property, paid taxes
- white males adult
15th amend
prohibited states from denying voting rights bc race/servitude.
after civil wars
19th amend
gave women the right to vote
23
gave ppl in Washington dc rights to vote in national
bc capital
24
prohibited poll tax
26 amend
lowered voting age from 21 to 18
vietnam war
13 amend
banned slavery
14
former slaves=citizen
congressional reconstruction
gov placed confederacy under martial law until it proved it was ready for repub gov
women’s suffrage
western states were first to allow women to vote
progressive reform
wants to take away suffrage. per voters were being bribed or voting for the wrong ppl. laws were passed to restrict voting rights, remained till 60s
obstacles for voters
poll tax
literacy test
prevent “unreliable” citizens from voting
grandfather clause
if grandfather could vote, then you could, exempt from poll tax and literacy test
end of voting obstructions
NAACP
Voting Rights Act: outlawed literacy test and proved registration for voters
political participation
Joining a political party
Supporting parties and causes with time and money
Taking action in your community
Communicating with representatives and other officeholders
Expressing your views publicly
canvassing
going door to door or calling on the phone to get the word out
listserv
small email program that send message to a list of ppl
voter apathy
disinterest in issues, unwillingness to participate
factors that affect wether or not a person participates
Age: rock the vote, aarp
Level of education
Religious involvement
Race/ethnicity
Socioeconomic status
Competitive nature of the election
mainly: selfinterest
factors that don’t affect participation is
gender
political party affiliation.
voter turnout
statistic on how many ppl decide to vote usually divided by spec demographics
higher in other countries bc some require it by law
political efficacy
the feeling that their vote counts and can bring meaningful change. this is what makes ppl decide to vote or not to vote.
voter fraud influences this
voter fraud
Bribery
Miscounting votes
Disqualifying votes
“Stuffing” the ballot box with fraudulent votes
absentee ballot and electronic
absentee ballot
ballot casted w/o appearing at the polls
help america vote act
help poor places get voting machine n regulate fed elections
political socialization
process through which political opinions form. mainly bc of the community
factors that shape political opinions
Family Religion Gender Marital status Race/ethnicity Region
demographic factors
relate to personal characteristics
separation of church and state
in first amendment. however, religion matters in poltics bc ppl are affected by it
politic issues affected by religious viewpoints
aborton
gay marriage
stem cell
environment
lobby
group who tries to influence legislation on spec issue
political model
model of reality made y political scientist
poltical spectrum
political model classifying and studying political opinions
left wing/right wing. center: moderate
many diff ones
liberals: left
gov actions should improve society, equality, CHANGE.
political programs: prgress/reform. civil liberties
radical: extreme change needed
liberal: gov should imprve society
conservative
maintain society the way it is. SOCIAL ORDER
control individ action in social matters
reactionary: extreme change needed to restore order to society. protect fundamental principles of ogv
conserative: gov should maintian society the way it is
Nolan chart
type of political system
freedom, not change
personal freedom n econ freedom
libertarian: free will
authoritarian: great gov control
left wing: personal over econ
right: econ over personal
democrats-history
opposed fed gov intervention (Jackson). South,
Whigs-hisotry
gov needed to stimulate econ
Repub-history
anti-democratic
opposed slavery. big business, anti workers
Roose: greater gov involvment
bipartisanship
cooperation btw parties to achieve a common goal
supported by minorities
midterm election
elections held in the middle of a term. some members of congress r chosen
civil liberties
freedom that protects individ from gov
fed vs anti fed
conserv: strong central gov
antifedL protets individ and states rights
new deal liberalism
FDR
strong central gov: conserv to liberals
history: demo
conservative, south
history: repub
liberal, north.
nixon: southern stragery made republican, conservative in south. liberal repub was lost
rugged individualism
conserv
ppl must take responsibility for choices they make. conserv want to max those choices
the little guy
liberal
person who is disadvantage. program helping ppl who can’t help themselves
opinion poll
interview random ppl to measure public opinions
straw polls
informal, nonscientific surveys. asking ppl at random who theyre voting for
random sampling
statistical technique using part of a population to represent the whole
gallup poll
Digest collected opinions from their subscriber. predicted wrongly bc poor voted for Roose. gallup: scientific polls without any influences.
polls got it wrong
polls thought opinions wont change after campaign started so stop polling three weeks before election
bias
sample doesn’t match the populations being surveyed
sampling errors
deviation btw group samples and total population
margin of error
how far off you might b
range btw sample results and result f entire population
push poll
influencing the voters by pretending to take a poll and spreading negative info about the enemy
exit polls
polls taken when ppl are leaving place of voting
studying poll results
who took it
how they took it
what question was aked
help america vote act
regulate fed election n help poor counties get voting machines
poltical socialization
process thru which political attitudes are acquired
political model
model of reality made by political scientist
political spectrum
political model used to classify and compare political opinions
interest groups
groups that try to encourage or prevent changes in public policy. influence gov/public policy
not public office
ppl with common goal
what interest groups do
raise funds
distribute info to public
promote their causes directly with the gov
linkage institution
organization connects ppl to gov.
political parties lobbies special interest groups clubs organization
pressure groups
groups that put pressure on gov
advocacy group
supporting a particular position or policy
protest group
groups are opposing a particular position or policy
lobbying groups
groups lobby congress
special interest groups
suggests that the groups are looking out for themselves, not for the whole country
economic interest groups
try to affect econ policy
industries
labor
professional organization
groups represent business, manufacturers, industries, farmers, etc
labor unions
work for gov policies that benefit workers
AFL-CIO
NAM
ABA
AMA
public interest groups
work for goals that are in the public interest, general welfare
improved voting
league of women voters
Common Cause
Civil rights interest group
NAACP: AA rights
MALDEF: latinos rights
NOW: women
single interest group
begin in small area and grow into national
MADD: drunk driving
concentrates on one issue
gov interest groups
within the gov to lobby other levels of gov. bring issues of local to attention of national. mayors/governors
religious interest groups
take stand on certain policy based on religious reasons
ideological interest groups
work to influence gov towards their ideology, address alot of topics, classified as many types of interest groups
interest group membership
strength in numbers.
include other benefits: newsletter, discount. high membership: financial support bc fees, donations
increase money, increase influence
how interest groups get gov to do what it wants
building membership shaping public opinion lobbying funding taking legal action ranking legislators
direct mailing
amicus brief
adv
interest groups shaping public opinion
they have nonmembers support their positions in order to control the US gov
w/ media presence, protesting, conference, press, printing for pub support
interest groups lobbying
to influence public policy: lobby
interest groups influencing legislators directly
lobbying
interest groups meet with legislature and attempt to persuade them.
selling
grass-roots pressure: ordinary ppl contact legislators demanding actions. fake grass: scripted convo
draft legislation: lobbyist gives proffes document to legislators about an issue. pre-written bill
testifying: lobbyist have credentials n testify for/against bill
accuracy: lobbyist don’t tell the truth, but they don’t lie either. want long term relationship with congress ppl=trus
lobbyist
paid representative of interest groups
Political Action Committees (PACS)
organization raise money for candidates running office. formed when gov prohibited interest groups from giving money to candidates. some pacs associated with an interest group others are interested in the elections only. pacs collect money from interestg n give to candiates w/ same opinion. limited amt
amicus curiae
friend of the court
uses briefs to influence court cases. Briefs: written doc filed with a court by parties to lawsuit. amicus briefs are filed by ppl/group not parties. interestg files suit/suing in courts to challenge stuff
rating congress
interest groups give out report cards. rate members of congress on how well they support a group’s conditions
iron triangle
relation btw groups n gov is close=corruption
mutually beneficial relationship among lobbyists, fed bureau n congress
revolving door
gov workers leave to work as lobbyist
interest group regulation
must provide financial records, lobbyist register with House. group representing foreign must inform Department of Justice. forbid former gov employ from lobbying for one yr
checks on iron triangle
other interest groups
mass media
mass communication tv radio newspaper. privately owned and commerical. sell news=profit. media=entertainment
political bias
tabloid press: yellow journalism
media that sells product thru exageration n hype
broadcaset media:
sends news over airwaves
more tightly regulated than other media
fourth estate
the press/media plays a role in keeping gov in check. estate: another brank in gov
muckrakers
moralist writers during progressive era. corruption n abuse
public agenda
set of issues public focuses on at a certain time. presented by media
derived from:
ppl
media
gov
gatekeeping
control access to ppl/info
media’s ability to decide what issues will be presented
prior restraint
gov can’t prevent material from being published.
exception: wartime censorship.
gov needs to have secret n control info bc national security. Homeland Security
limits of free speech
media can b sued if they give false info
limited when one person’s speech will cause harm
white house press corps
covering the president.
representatives from major networks. travel w/ president. report the press conference. P answer their questions. white house press secretary
FCC report
fine, revoke license
Telecommunications Act of 1996
it is criminal to transmit material that might be interpeted as indecent/harmful to minors
Federal communications act
FCC assigns broadcast licenses
new media
info age/ digital revolution
ppl are exposed to more/more info. use of digital tech is everywhere
communincation medium is interactive. more than print or broadcast
blog
online journal/diaries, present news/opinions
the dean machine
first pres candiadtes to use website.
civil rights
rights gained by belonging to a society. 13th n 14th amend. equality
human rights
fundamental rights belong to an individual. gov can’t interfer. speech, work, association with other ppl
like natural rights but about ppl respecting eachother
natural rights
rights ppl have under natural law. reason.
rights ppl have bc they r ppl. enlightment
naturalizes
someone from another country becoming a US citizen
procedural due process
promise of fundamental fairness in legal proceeding.
defendants have to b told about charges n can defend themselves
HOW LAWS ARE APPLIED
substantive due process
promise of fundamental right implicit in society.
PURPOSE OF LAW IS FAIR
rule for a nation
State what principles justify your creating a new nation.
Create the new nation.
Create laws and policies that carry out those principles.
unalienable rights
can’t be rid of
state consitution
more detailed than national and more likely to be amended. Just about every state constitution mentions a right that is not covered by the U.S. Constitution or the Bill of Rights. During the 20th century, many — but not all — of the protections in the U.S. Bill of Rights were expanded to cover the actions of state governments.
both the federal government and the state governments provide their own sets of rights.
habeas corpus
if authorities want to hold someone in custody, they have to prove that they have a legal basis for holding the person
forbidden- bills of attainer
gov can’t pass this. it allows to punish a person wihtout a trial
Jury trial
consitution says ppl can have trial by jury not just judge
treason
only for ppl who fight in wars against US or koin the enimeies of the US n give them aid. have to have 2 witnesses. person’s family can’t be punished
importance of court
That is because courts are the branch of government that does the most to define and protect rights.
purpose of bill of irghts
to prevent tyranny and oppresion.
many sates conditionally ratified: only will if bill of rights is included
by madison
intended for fed gov. 14th amend expanded state rights n expand rights in the first 8 amend
14th admendment
long/complex, 5 sections. states can interfere of citizen’s rights
- define citizenship n their rights
- punish states if they deny suffrage or privileges/immunities of citizens
- ban confederates from public office
- fed gov pays civil war debts
- congress can enforce the above sections
bc of civil war
citizenship clause
dred scott v sanford: AA are not citizens n have no rights/privileges of citizenship.
section 1 of 14 overturns dred schott.
if someone is BORN in US or naturalized, they are citizen. w/ 13th means slave=citizen
privileges n immunities clause
states can’t deny equal rights (privileges) and protection under the law (ummunities to citizens. protect former slaves.
slaughterhouse cases: clause applied to national cititzenship only n ppl already had protections under constitution. clause is useless n irrevelevant n doesn’t apply to the states. was destroyed
due process clause
same as 5th amend but 5th focuses on federal level
14th amend focus on state level. the right to due process applies to state n fed gov.
supreme court uses this to limit state laws n legal proceedings
equal protection clause
response to black codes which limits black’s ability to own property n legal contracts. made southern state accept this: no state shall deny a person in its jurisdiction. only applies to gov not business or individ.
If a law is applied to some people and not to others, they can claim rights under either the equal protection or due process clauses of the Fourteenth Amendment.
civil rights act
grant citizens of every race/color full n equal benefit of all laws. not supported by former confederates.
incorporation
portions of bill of rights are applied in state gov as well.
14th amendL state gov have to follow bill of rights.
almost all have been incorporated
a doctrine using due process clause
complete incorporation
the Fourteenth Amendment, and particularly its privileges and immunities clause, was a plain application of the Bill of Rights to the states.
selective incorporation
elected parts of the Bill of Rights are to be applied to the states. Which parts are incorporated has to be decided on a case-by-case basis.
no incorporation
Fourteenth Amendment has nothing to do with the Bill of Rights.
it guarantees a general collection of fundamental natural rights, but provides no specific texts that people can appeal to beyond “fundamental fairness.
plus incorporation
Fourteenth Amendment guarantees citizens the rights in some or all of the Bill of Rights, plus an added extra level of general fundamental or natural rights.
establishment clause
forbid congress from establishing a national religion. cant make an official religion or give preference to one. is incorporated into state
free exercise clause
prohibit congress from inhibiting free exercise of religion.
everson v board of edu
state/fed gov cant set up a church
cant pass laws helping a religion or show preference
cant influence ppl to go to church against their will
cant participate in affairs of any religious group
tax cant support religious activities
engel v vitale
banned prayers in school.
establishment clause
Prayer is, by definition, a religious activity.
Allowing prayer in school promotes a religious activity and violates the establishment clause of the First Amendment.
civil religion
Public events that combine religion or religious emotions with civil government
test to decide whether an activity doesn’t violate the establishment clause:
Lemon Test
The activity or law must have a secular purpose.
Its principal or primary effect must be one that neither advances nor inhibits religion.
The activity or law must not foster an excessive government entanglement with religion.
limits on free exercise
absolutely forbid the government to punish actions that involve religion. religious belief is not superior to the law of the land.
problem occurs when one group of people’s desire to speak interferes with other people’s need for their own constitutional rights.
madison v henry
henry: establish a relgion in virginia n give it tax money bc econ was bad
madison didn’t want state to define a valid religious body
freedom of speech
not an absolute freedom, must b balanced with the need to preserve others
Speech, used recklessly or maliciously, can cause harm..
limits on unprotected speech.
highest protection: political speech
unprotected speech
fighting words: provoke violence
copyright
obscenity
commercial speech
sedition
it is designed to overthrow government or society.
tinker v des moines
symbolic speech is nondisruptive polticial speech at school. not all is acceptable
restriction on symbolic speech
when that symbolic speech somehow blocks a governmental interest
symbolic speech can be regulated only if
gov has power to regulate it
regulation furthers a governmental interest
gov interest is unrelated to suppression of free speech
regulation doesnt prohbit any form of free speech byond what is essential o satisfy regulation
burning flag
upheld by supreme court as free speech
strict scrutiny
test applied to laws that infringe on fundamental freedoms n racist laws
law must:
serve a compelling state interest
minimal infringement on fund rights
no alternatives that are less restrictive
intermediate scrutiny
test used less often. laws with important gov interest n dont infringe on rights. diff btw genders. treat diff groups of ppl diff
rational basis test
lowest level of scrutiny.
used most often. whether law has rational basis, if yes then law is constitutional
alien and sedition act
sedition: crime to criticize gov ppl in pritn
alien: required immigrants to register n the limited their mov/action. was nt renewed
limits for freedom of the press
near v minnesota
libel is not protected. gov couldnt prevent publisher from writing things in the future
prior restraint
censorship
gov prevents something from being publish
unconsitutional
shield law
protects reporters from revealing their sources.
depends on state not fed
slander
illegal, sharing hamrful facts, temporary media
libel
illegal, permanent words like print. must be false and damaging and printed with the intent to cause harm
not jokes and satire
martial privacy
griswold v Connecticut: wanted to outlaw birth control. Supreme C said state can’t policy matters of marital privacy.
bc its falls within penumbra of consitutional protection
n bc of substantive due process. privacy part of fairness.
affect other privacy things
penumbra
an area in which something exists to a lesser degree
roe v wade
PRIVACY
court used 14 rights to privacy to protect the choice of abortion
abortion
First Trimester: state must allow for abortion, cant interfer
2nd: state can set regulations about where, when, how but still has to allow it
3rd: state can prevent abortion except if mother is at risk
revised to before and after viability n allow for some obstacles in path to seek abortion
stare decisis
court will stand by the legal opinion of earlier cases
webster v reproductive health services
state funds may be restricted in performing/assisting abortions
Planned parenthood v casey
women have rights to abortion before viability.
roe v wade
women have right to abortion in the first trimester
ohio v akron center
minors must have parental or judicial consent for abortions
marriage privacy
although the age of marriage and degree of consanguinity vary from state to state.
states separate property n inheritance from marriage
lawrence v texas
privacy is a substantive right, close to a natural right, and protected by the due process clause.
lessened regulation of sexual behavior. natural right cant b infinge upon
judicial activism
practice of protecting and expanding individual rights thats not presented in previous cases.
measure by how far the court has gone in changing the interpretation of the law what former
many says that Roe is this
judicial restraint
judges limiting exercise of their own power. sticking closely to constitution, legislation, precedenat
stare decisis
court should avoid changing their statement of the law as much as possible
due process
fair rules n fair trial prevent innocent ppl from going to jail. gov must act fairly.
eminent domain
gov can take private property, has to follow a procedure and pay for what it takes
police power
authority of gov to impose restriction to maintain order. determined by the courts. public comes before individual
exclusionary rule
Mapp v Ohio
evidence obtained illegally cant b used in a trial
miranda rights
read at every arrest.
miranda v arizona
cruel and unusual punishment
furman v georgia
death penalty is unconstitutional because its only imposed on poors or blacks and violated due process
determining cruel and unusual punishment
- The “essential predicate” is “that a punishment must not by its severity be degrading to human dignity,” like torture.
- ”. . . a severe punishment that is obviously inflicted in wholly arbitrary fashion . . .”
- ”. . . a severe punishment that is clearly and totally rejected throughout society . . .”
- ”. . . a severe punishment that is patently unnecessary . . .”
death penalty
when applied fairly is reasonable punishment. unconstitutional: certain crimes automatically is a death penalty.
capital cases
cases involving death penalty. highest form of punishment.
a trial needed to estbalish guilt then a hearing ot c if death is necessary
plessy v ferguson
separate and equal. challenged jim crow laws
brown v board of edu
separate but equal doctrine violated equal protection clause. made segregation of public schools unconstitutional.
turning point in cuvul rights movement
civil rights act
outlawed discrimination
did not pass thru congress easily
- Outlawed unfair application of voter requirements for minorities
- Outlawed discrimination in places of public accommodation, including movie theaters, hotels, and restaurants
- Encouraged the U.S. attorney general to file lawsuits to force desegregation of schools
- Formed a Commission of Civil Rights, tasked with the investigation of allegations of civil rights violations
- Outlawed the use of federal funds to be used for discriminatory programs
- Required equal employment opportunity for every citizen, regardless of race, nationality, or gender
voting rights act
outlaw voting requirements like lit test n tax
malcolm x
pro violence revolts
black nationalism
malcome didnt support incorporation but wanted a revolution to empower blacks
equal rights for women
abigal adam
many women accepted their role as natural
the feminie mystique: betty friedan
reasonable standard
law allowed bc it is related to gov interest. used to restrict women’s right.
women rnt drafted because women were not allowed to serve in combat
equal rights amendment
equal rights cant b denied on account of sex
didn’t ratify bc
there was a broader acceptence and less opression
judidicial activism criticism
rapid social change-birth control, antiwar.
ERA represented all traditional stuff n ppl didnt want social change
