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POSC 100 Final > Terms > Flashcards

Terms Flashcards

1
Q

Civil Liberties

A

Government limits aka they cannot infringe on your civil liberties (speech, press etc)

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2
Q

Selective Incorporation

A

Case by case decision where they decide what parts of the Bill of rights apply to states

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3
Q

Barron v Baltimore

A

Baltimore did some city renovations that messed up Barron’s dock which meant ships couldn’t dock so no businesses.
-This then leads to Barron arguing this was a violation of the 5th amendment specifically the “ nor shall private property be taken for public use, without just compensation.”
-The Supreme Court says the 5th only applies to the federal, not the state government, this then sets the precedent for a lack of a limit on state government

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4
Q

Gitlow v New York

A

Gitlow distributed “a Left Wing Manifesto” -> was convicted by New York’s Criminal Anarchy Law bc he was advocating for overthrowing the government -> the court decided that it was punishable bc of a national security threat HOWEVER the law itself is unconstitutional

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5
Q

Schenck v US

A

Schenck was telling people to disobey the draft bc it violated the 13th Amendment -> was charged with the Espionage Act of 1917 -> Argued he was using his First Amendment -> Court said “nuh uh” and ruled that Schenck was a “clear and present danger” by telling people to dodge the draft therefor his 1st amendment was not infringed upon and the charge was fair

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6
Q

Brandenburg v Ohio

A

Brandenburg is the KKK leader, makes a speech at a KKK rally -> gets convicted under Ohio criminal syndicalism law for advocating “crime, sabotage, violence, or unlawful methods of terrorism as a means of accomplishing industrial or political reform,” -> Court ruled against Ohio law saying speech can only be silenced if it has intent, imminence and likelihood for something to occur

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7
Q

Texas v Johnson

A

Johnson burns American flag to protest -> convicted under Texas law for desecrating a flag -> gets overturned bc Supreme Court rules that flag burning was protected under the First Amendment because it was a political protest and that is protected by the First Amendment

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8
Q

Matal v Tam

A

Tam tried to trademark his band name “The Slants” -> was rejected because it was disparaging to people of Asian descent under the Disparagement Clause of the Lanham Act of 1946 -> Supreme Court ruled that the government cannot decide what hate speech -> they can only silence speech when it falls under 3 category (fraud, defamation, and incitement) and the name did not fall under any of these 3

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9
Q

Right to Privacy

A

Made up constitutional right that has grounds in the 1st, 4th, and 9th Amendments. An area that is meant for you/your close circle but overturning Roe V. Wade has led to questions about its existence/extent of protection

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10
Q

Griswold v Connecticut

A

Griswold was providing contraceptives to couples -> got arrested -> Griswold is in the right because couples have the right to privacy and this is found in the 1st, 4th, and 9th Amendments.

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11
Q

Eisenstadt v Baird

A

Eisenstadt gave out contraceptives to unmarried people and got arrested, the law at the time only allowed it for married people -> Court ruled in favor of Eisenstadt because of equal protection law (if married people can get contraceptives so can single people)

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12
Q

Roe v Wade

A

Roe was going to get an abortion even though they are illegal in Texas, claimed that right to privacy = right to abortion-> Court ruled that as long as it was within the first trimester the court did not have a say; the second trimester would have regulations whilst the third trimester would be banned outright

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13
Q

Casey v Planned Parenthood

A

Pennsylvania made it super hard to get abortions -> the court ruled that these obstacles were considered “undue burdens” -. changed the requirement of trimester system to viability system

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14
Q

Dobbs v Jackson Women’s Health Organization

A

Mississippi passed a law banning abortion -> Court ruled that Roe was wrong from the start and that it protected a right that never existed in the Constitution -> This then overturned Roe V. Wade and returned abortion laws back to the states

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15
Q

Civil Rights

A

Equal treatment under the law

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16
Q

Fourteenth Amendment

A

Everyone has equal protection under the law

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17
Q

Literacy Tests

A

Tests that were made for African American voters were impossible in order to stop them from voting

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18
Q

Jim Crow

A

Laws that segregated African Americans from white people in all public institutions such as schools, busses etc.

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19
Q

Plessy v Ferguson

A

Plessy went onto a whites-only car even though he was 1/8 black and this led to the Supreme Court ruling that segregation was constitutional as long as facilities were equal -> leads to early civil rights movements

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20
Q

Brown v Board of Education

A

Brown fought for the desegregation of schools and the Supreme Court ruled in favor of Brown; serves as a landmark case and was the first important case in civil rights

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21
Q

Civil Rights Act of 1964

A

law that prohibits discrimination based on race, gender, or religion. Formally ends segregation in the US

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22
Q

Voting Rights Act of 1965

A

Local registers were replaced with federal registers and any outlawed anything that would limit someone’s voting rights including the literacy test and grandfather clause

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23
Q

Affirmative Action

A

Policies that take into account race/gender in hiring, admissions, promotions and grants. Soft affirmative action is removed when the pool is diverse enough; hard affirmative action keeps these factor in consideration all throughout the process

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24
Q

UC Regents v Bakke

A

Bakke was denied from UC Davis even though he was highly qualified, he argued that this was due to 16/100 seats being reserved for diverse populations -> Court ruled that schools can do this bc it provides benefits to minority groups leading to legal diversity

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25
Q

Gratz v Bollinger/Grutter v Bollinger

A

Gratz & Grutter were denied admission from University of Michigan bc of affirmative action -> Gratz was denied bc of a point system that gave more points to African American applicants & Grutter was denied based on another system -> the court ruled that the school point system was unconstitutional but other than that they were promoting diversity

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26
Q

SFFA v Harvard/UNC

A

Asian American applicants were scoring high on academics but low on personal qualities -> leads to affirmative action being overturned on the basis that equal protection cannot mean one thing to another person and a different thing to someone else

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27
Q

The “Problem” of the Presidency

A

President is often constrained w/ power and resources -> still has to meet high expectations and perform well but good presidents can work around this, bad presidents cannot

28
Q

Line Item Veto

A

The person can veto certain parts of a bill but pass the rest; the president cannot do this

29
Q

Pocket Veto

A

A non-formal veto; a bill that sits on the president’s desk for 10 days w/out being signed is not law

30
Q

General Veto

A

The president can reject a law even if it passes the House and Senate; can be overturned by a 2/3 vote in house and senate

31
Q

Omnibus Bill

A

Bill that contains multiple policies and laws; President cannot line-item veto this -> forces president to sign either none of the laws or all of the laws

32
Q

“Take Care” Clause

A

President must ensure laws are fully executed -> forces President to abide and execute federal laws bc not doing so would break the clause

33
Q

War Powers Act

A

The president has to get Congress’s approval before deploying US troops to foreign nations; this keeps the president’s power in check

34
Q

2001 and 2002 Authorization for the Use of Military Force

A

After 9/11, this bill passed in order to give the president power to use military force against those he deemed involved in 9/11 -> this means he can bypass Congress & is still active

35
Q

Executive Order

A

The president decides how the executive branch implements policies; can bypass Congress and implement policies

36
Q

Executive Privilege

A

Information within the executive branch can stay classified -> gives the president leverage on Congress bc he can claim he has information that needs special permission

37
Q

Pardons and Commutations

A

Executives can remove/lessen a crime/sentence; pardon fully removes crime & commutations lessen it -> Needs to be a federal conviction & the president is intervening in judiciary work

38
Q

Appointment Power of the President

A

President can appoint people into executive & judiciary; Judiciaries appointments are for life -> Congress has to approve appointments

39
Q

Constitutional Signing Statements

A

Signing a statement where the President claims they won’t enforce it heavily, is controversial bc its unknown if this is legally binding or not

40
Q

Rhetorical Signing Statements

A

Signing a statement that acknowledges those involved in passing the law and thanks them

41
Q

Interpretive Signing Statements

A

President saying how they believe the law should be executed

42
Q

National Emergency Act of 1976

A

President can activate emergency provisions of the law, gives president emergency powers without congressional authorization
-> National emergencies ended by law which rarely happens so presidents still have some emergency powers bc some of them are still in effect

43
Q

Unitary Executive

A

Entire executive branch appointed by President leading to unified goal

44
Q

Office of Management and Budget

A

Formulates national budget & oversees federal agencies and the federal budget

45
Q

Impeachment

A

Congress can remove an executive; Needs to be impeached and convicted of treason, bribery, or high crime/misdemeanor. Simple majority in house and 2/3 of senate needed -> moreso used as a political statement

46
Q

Presidential Strategies

A
  1. Going through congress (long process but it lasts)
  2. Going around congress (easy process but can get overturned)
  3. going under congress (bypassing congress; rare)
  4. going above congress (pushing for action)
47
Q

Presidential Success in Foreign and Domestic Policy

A

President more success in foreign than domestic policy bc of less restriction in foreign policy making; main factors of domestic group are congress and interest groups

48
Q

The “Problem” of Congress

A

Role: make national policy, oversee executive and represent constituents
Issue: structure fragments power and makes congress focus more on local constituents rather than national issues

49
Q

Executive Oversight

A

Congress exercising control of executive branch through hearings, investigations, etc.

50
Q

Federal Budget

A

3 parts
-net interest
-mandatory spending
-discretionary spending (determined and allocated differently each year) (mostly spent on military)
-as population gets older mandatory spending increases

51
Q

National Debt

A

Amount that the US owes to government groups like the federal reserve and countries like Japan; current debt is the highest its been and makes it an issue to borrow money

52
Q

Pork Barrel Legislation

A

legislation by congress members that helps the district they represent rather than a collective good so they can get reelected

53
Q

Filibuster

A

a single individual can stop a law from passing; can be overturned with a 60/100 senate vote meaning law requires supermajority instead of simple majority

54
Q

Cloture

A

overturn a filibuster w/ a 60/100 vote in senate; most laws require a supermajority meaning most fail

55
Q

Individual Rationality produces Collective Irrationality

A

Congress members want to represent the district that elected them so they can get reelected -> everyone wants higher spending lower taxes -> ignores national interest which then means laws fail bc of different desires

56
Q

Status Quo Bias of Congress

A

laws hard to pass, policies remain unchanged, Congress not responsive to the public

57
Q

The “Problem” of Judiciary

A

Issue: how to maintain legilegitimacy when you make/shape policies undemocratically
Main problem: Judicial power is one of the most powerful one

58
Q

Original Jurisdiction

A

Power to hear case for a first time

59
Q

Writ of Certiorari

A

Supreme Court asking lower court to send over records of a case to review information; can lead to a Supreme Court overturning past cases etc.

60
Q

Amicus Curiae

A

Someone outside of the court that can get more information and deliver it back to the justices; can provide expertise and insight

61
Q

Stare Decisis

A

Courts should follow precedent which puts heavy importance on Supreme Court case rulings (Roe V. Wade)

62
Q

Judicial Review

A

Power to determine if a law is constitutional or not; good to keep legislative branch in check & also good for constantly interpreting different meanings of the constitution

63
Q

Statutory Interpretation

A

Court gives powers to bureaucrats to interpret gaps and ambiguities in their own laws as long as its reasonable; more power to bureaucrats which is a non-democratic part of the government

64
Q

Marbury v Madison

A

First law ever to be unconstitutional; established the idea of judicial review
Problem: Congress tried to alter the Constitution with the Judiciary Act of 1789 but congress could not do that making it the first illegal law which then gives way to judicial review

65
Q

Judicial Activism

A

Judges ruling based on personal policy vs interpretation of the law; this leads to more precedents being overturned

66
Q

Judicial Restraint

A

Judges only focusing on the interpretation of the law & that judicial review should be used sparingly
-Cases already decided on should be precedent
-This rarely happens though bc judges are more focused on personal policy

67
Q

Federalist #78

A

Hamilton says that the court is the least dangerous and that they are merely reactionary & cannot initiate action. Court has been consistently ignored but their power of judicial review, policy-making, and shaping policy is so strong that it might overpower their base weakness.

POSC 100 Final (1 decks)

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