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Political Science > Test 4 > Flashcards

Test 4 Flashcards

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1
Q

Executive Branch

A

President +

Enforces the law

Article II

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2
Q

Legislative Branch

A

Congress

Makes the laws

Article I

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3
Q

Judicial Branch

A

Supreme Court +

Interprets the laws

Article III

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4
Q

“Judicial branch” or “judiciary”

A

Means the court system

Courts (the judge, and sometimes a jury) decide cases

Rather than create laws, the court applies laws to a specific situation

Civil case, criminal case

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5
Q

Civil case

A

One party (the plaintiff) sues another party (the defendant) for money damages

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6
Q

Criminal case

A

The government prosecutes a defendant accused of a crime. If convicted, the defendant may go to prison

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7
Q

Courts generally have ________

A

Multiple levels

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8
Q

Courts generally have multiple levels

A

A case generally starts out in trial court. The trial court’s decision can be appealed to a higher court

Higher courts publish their decisions as case law

Lower courts, higher courts

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9
Q

Higher courts

A

Can change their own case law

BUT there is a strong preference to stand on prior decisions (stare decisis)

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10
Q

Lower courts

A

Bound to follow the caselaw of higher courts. This is called following precedent

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11
Q

Most courts have _____ levels

A

3

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12
Q

Court levels

A 
Supreme Court (top)
Appeals court 
Trial court (bottom)
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13
Q

In general, only the _________ uses a jury

A

Trial court

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14
Q

In general, only the trial court uses a jury

A

The jury must follow the law as instructed by the judge

The job of the judge is to decide the law. The job of the jury is to decide the facts

If the facts are not disputed, the judge can decide the case without a jury

The higher (appeals) courts only decide the law. If the facts are in dispute, they will send the case back to the trial court for a jury to consider

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15
Q

Art. III of the Constitution creates the ______

A

Supreme Court

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16
Q

Members of the Supreme Court serve ____

A

For life

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17
Q

Members of the Supreme Court serve for life. Why?

A

Life tenure helps judges remain independent and impartial

Life tenure is necessary to attract qualified candidates

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18
Q

How many justices are there on the Supreme Court

A

9

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19
Q

Current Supreme Court justices

A 
Kagan (Obama)
Alito (Bush II)
Sotomayor (Obama)
Gorsuch (Trump)
Ginsburg (Clinton)
Kennedy (Reagan)
Roberts (Bush II)
Thomas (Bush I)
Breyer (Clinton)
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20
Q

Justice Scalia

A

2-13-16

One of the three most conservative justices on the Supreme Court

Known for his scathing dissents, and for his emphasis on originalism

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21
Q

Newest justice

A

Neil Gorsuch

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22
Q

The Supreme Court decides cases by ______

A

Majority vote

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23
Q

The Supreme Court decides cases by majority vote

A

The written “majority opinion” becomes caselaw which lower courts must follow

Justices who disagree with the majority may write a dissent

Justices may also concur

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24
Q

Concur

A

Agree with the majority’s result but want to write their own opinion

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25
Q

The Supreme Court is divide by _______

A

Political ideology

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26
Q

The Supreme Court is divided by political ideology

A

In general, the more liberal justices interpret the Constitution in favor of federal government intervention

In general, the more conservative justices interpret the Constitution to limit the federal government

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27
Q

Art III of the Constitution also creates _____

A

“Inferior courts”

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28
Q

Inferior Courts

A

Only 1% of cases appealed to the Supreme Court are accepted for review

An appeal from the Circuit Courts of Appeals may go the Supreme Court

There are 12 regional Circuit Courts of Appeals

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29
Q

Louisiana if part of the ______ Circuit

A

5th

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30
Q

Louisiana is part of the 5th Circuit

A

An appeal from one of the LA federal district courts will go to the 5th Circuit Court of Appeals

Louisiana has federal trial courts for the Western, Middle and Eastern districts

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31
Q

The Federal Courts have 3 Levels example

A

U.S. Supreme Court (top)

5th Circuit Court of Appeals

Federal District court for the Western District of Louisiana (bottom)

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32
Q

The Legal Challenge to Obamacare: NFIB v. Sebelius

A

26 states challenging Obamacare with the NFIB

Kathleen Sebelius

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33
Q

Kathleen Sebelius

A

Secretary of Health and Human Service with President Obama

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34
Q

The state court systems

A

Total separate

LA (state) District Courts
LA (state) Courts of Appeal
LA (state) Supreme Court (in New Orleans)

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35
Q

The federal courts have _____

A

Limited jurisdiction (power)

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36
Q

Federal courts have limited jurisdiction (power)

A

Federal courts handle cases arising under the Constitution or federal law (Article III)

Federal courts also handle cases between citizens of different states (Article III)

Most common cases will be in state court rather than federal court

Thus the saying, “Don’t make a federal case out of it!”

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37
Q

President - check and balances

A

Appoints judges with Senate approval

38
Q

Senate - checks and balances

A

Can block the President’s appointments

39
Q

Judges - checks and balances

A

Can declare the actions of the President or Congress unconstitutional

40
Q

How did the Founders view the Judiciary?

A

As an important check on Congress

41
Q

The Founders viewed the Judiciary as an important check on Congress

A

The Supreme Court’s jury “must be to declare all acts contrary to the clear meaning of the Constitution void”

The Founders also felt the Supreme Court was the “weakest of the three departments of power” and would never threaten liberty

42
Q

The Supreme Court has declared both federal and state laws _________

A

Unconstitutional

43
Q

The Supreme Court has declared birth federal and state laws unconstitutional

A

The Supreme Court overturned many laws regulating business during the Progressive Era

Starting in the 1960s, the Supreme Court overturned many laws regulating social conduct

44
Q

The Supreme Court has made some serious mistakes

A

Dred Scott v. Sandford (1857)

Plessy v. Ferguson (1896)

Korematsu v. U.S. (1944)

45
Q

Dred Scott v. Sandford (1857)

A

Said that slavery was a right protected by the Constitution

46
Q

Plessy v. Ferguson (1896)

A

Said the Constitution did not prohibit racial segregation

47
Q

Korematsu v. U.S. (1944)

A

Said the Constitution did not protect Japanese Americans from forced relocation during WWII

48
Q

The Supreme Court was _____ to be the final word not the Constitution

A

Not intended

49
Q

The Supreme Court was not intended to be the final word not the Constitution

A

The Constitution is supreme over Congress and the Court equally

Both Jefferson and Jackson claimed that each branch has the right to interpret the Constitution for itself

Lincoln also challenged the idea of the Supreme Court as the final authority

Remember that the Supreme Courtis not elected and not representative - why should it have the last word?

50
Q

The 1st 10 Amendments are called ______

A

The Bill of Rights

51
Q

The Bill of Rights

A

The Federalists believed a Bill of Rights was “unnecessary” and even “dangerous”

But the anti-Federalists demanded written protection for individual rights

The promise of a Bill of Rights was necessary to achieve ratification

The Bill of Rights provides “freedom from” government interference in our religion, speech, right to bear arms, etc.

52
Q

1st Amendment

A

Protects multiple freedoms

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech; or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances

53
Q

Establishment Clause

A

States “Congress shall make no law respecting an establishment of religion”

The Founders believed government should invoke God and encourage religion generally

At the same time, they believed government should not establish an official religion or denomination

The Supreme Court has interpreted the Establishment Clause to require complete separation of government and religion

The decisions have been confusing and contradictory

54
Q

Supreme Court decisions under the Establishment Clause have been confusing and controversial

A

Allegheny County, 1989
Van Orden, 2005

Engel v. Vitale, 1962
Santa Fe ISD, 2000

55
Q

Allegheny County, 1989

A

Menorah in front of public building “OK” (Allegheny Country, 1989)

Nativity scene on courthouse stairway “Not OK” (Allegheny County, 1989)

4 justices thought both permissible, 3 justices thought both should be removed. Only 2 justices thought the presence of the (secular) Christmas tree made a difference

56
Q

Van Orden, 2005

A

Ten Commandments on Texas capital grounds “OK”

Ten Commandments in courthouse “Not OK”

Both decisions were 5-4 (in opposite direction)

57
Q

Engel vs. Vitale, 1962

A

Official school prayer “Not OK,” even if voluntary

58
Q

Santa Fe ISD, 2000

A

Pregame prayer @ public school “Not OK”

59
Q

Free Exercise clause

A

States that Congress shall make no law prohibiting the free exercise of religion

But what if someone’s religion conflicts with laws that apply to everyone?

  • Reynolds, 1878
  • Wisconsin v. Yoder, 1971
  • Employment Division v. Smith, 1990
  • Burwell v. Hobby Lobby, 2014
60
Q

Reynolds, 1878

A

Polygamy not protected

61
Q

Wisconsin v. Yoder, 1972

A

Religious objection to high school protected

The Supreme Court applies a balancing test to determine whether the religious belief must be accommodated

62
Q

Employment Division v. Smith, 1990

A

Religious use of peyote not protected

Overruled by Congress in the Religious Freedom Restoration Act (1993)

63
Q

Burwell v. Hobby Lobby, 2014

A

Religious objection to providing health coverage for abortion drugs protected

64
Q

The First Amendment states “Congress shall make no law…abridging the freedom of speech”

A

Freedom of speech is not absolute. Many forms of speech are regulated, and some speech is not protected at all

The government can put some “time, place, and manner” restrictions on speech

First Amendment Area

However, censoring the content of speech is unconstitutional, with limited exceptions

65
Q

The First Amendment protects even…

A

Obnoxious and offensive speech

66
Q

The First Amendment protects even obnoxious and offensive speech

A

Cohen v. California, 1971

Snyder v. Phelps, 2011

After all, no on tries to stop speech that is agreeable…

67
Q

Cohen v. California, 1971

A

Jackets stating “F* the Draft” in Los Angeles courthouse was protected

68
Q

Snyder v. Phelps, 2011

A

Hurtful speech by Westboro Baptist Church at military funerals is also protected

69
Q

Criminal activity

A

Not free speech

70
Q

Inflammatory speech

A

Protected unless it is intended and likely to incite “imminent lawless action”

71
Q

Obscenity

A

Not protected

More “indecent” speech is protect, but it can still be regulated to protect children (for example, by the FCC)

72
Q

FCC

A

Federal Communications Commission

73
Q

Commercial speech

A

Less protected

74
Q

FTC

A

Federal Trade Commission

Protecting America’s Consumers

75
Q

Commercial speech is not protected at all if:

A

It relates to illegal activity

It is misleading

Even legal commercial speech is highly regulated

76
Q

2nd Amendment

A

Guarantees “freedom from” government interference in our right to bear arms

Does not “give” any rights. It assumes the People’s right to bear arms is pre-existing

There are no conditions on the right to keep and bear arms

A well-regulated militia is one, but not the only, benefit of the right to bear arms

Compare: “A well-schooled electorate, being necessary to the security of a free State, the right of the people keep and read books, shall not be infringed.”

77
Q

The Supreme Court has affirmed rights under the ______

A

2nd amendment

Heller (2008)

78
Q

Heller (2008)

A

The 2nd Amendment protects the right to possess firearms for lawful purposes, including self-defense

The decision was 5-4

The majority opinion was written by Justice Scalia

79
Q

4th Amendment

A

Protects against unreasonable searches and seizures

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”

80
Q

There are exceptions to the warrant requirement

A
  1. If there is an emergency, no warrant is required
  2. If police have probable cause to search a vehicle, no warrant is required
  3. If you consent, no warrant is required
81
Q

5th Amendment

A

Contains several protections for criminal defendants

“No person…shall be compelled in any criminal case to be a witness against himself, not be deprived of life, liberty, or property, without due process of law…”

A criminal defendant can “plead the fifth…” thereby invoking the 5th Amendment “privilege against self incrimination”

82
Q

6th Amendment

A

Contains protections for criminal defendants

“In all criminal prosecutions, the accused shall enjoy the right…to have the assistance of counsel for his defense.”

The Constitution does not mention who pays for the attorney!

However, the Supreme Court has interpreted the 6th Amendment to require the government to provide a lawyer at no cost if the defendant cannot afford to pay

83
Q

Chief Justice Earl Warren

A

Under him, the Supreme Court expanded protections for criminal defendants
-Mapp v. Ohio (1961)

“Miranda Rights” —> Miranda v. Arizona (1966)

Warren Court also created a “right to privacy,” which it used to strike laws it felt were unjust —> Griswold v. Connecticut (1964)

Served 1953-1969

84
Q

Mapp v. Ohio (1961)

A

4th and 5th Amendment protections apply against state governments as well as the federal government

Items taken as a result of an unlawful search or seizure may be excluded from evidence (the “exclusionary rule”)

85
Q

Miranda v. Arizona (1966)

A

Police have a duty to inform suspects in custody of their right to remain silent and their right to counsel

Otherwise, the exclusionary rule applied to information provided during interrogation!

86
Q

Griswold v. Connecticut (1964)

A

The Bill of Rights contains an “implied” right to privacy, covering birth control for married couples

87
Q

The right to privacy

A

Have been used to overturn state laws restricting abortion

Has been used to strike laws prohibiting homosexual conduct

88
Q

The right to privacy has been used to overturn state laws restricting abortion

A

Roe v. Wade (1973)

Planned Parenthood v. Casey (1992)

89
Q

Roe v. Wade (1973)

A

Right to privacy includes “qualified” right to terminate pregnancy

90
Q

Planned Parenthood v. Casey (1992)

A

States cannot put “undue burden” on abortion prior to viability

91
Q

The “right to privacy” has been used to strike laws prohibiting homosexual conduct

A

Lawrence v. Texas (2003)

92
Q

Lawrence v. Texas (2003)

A

Right to privacy protects consensual homosexual activity in the home

Political Science (4 decks)

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