Textbook Vocab 2 Flashcards
Marbury v. Madison
Marbury is a midnight appointment of Adams, but doesn’t receive his commission. Sues Secretary of State James Madison for it. Chief Justice John Marshall says Madison did break the law, but it is unconstitutional for the court to issue a writ of mandamus. In doing so, he claims judicial review as a power exclusive to the Supreme Court
Judicial Review
The power of the Supreme Court to declare actions of the other branches and levels of government unconstitutional.
Original Jurisdiction
The authority of a court to be the first to hear a particular kind of case
Constitutional Courts
Federal courts created by Congress under the authority of Article III of the Constitution.
Legislative Courts
Highly specialized (i.e.taxes, patents, maritime law) federal courts created by Congress under the authority of Article I of the Constitution
grand juries
groups of citizens who decide whether there is sufficient evidence to bring an indictment against accused persons
trial juries
juries in civil or criminal cases
Subject Matter for Federal Courts
The Constitution, Federal statutes and treaties, Admiralty and maritime issues, Controversies in which the U.S. government is a party, Disputes between states, citizens of different states, or foreign states or citizens
Appellate Courts
Courts that hear case on appeal from other courts
Circuit Courts
12 geographical jurisdictions and one special court that hear appeals from the federal district courts
Precedents set in these courts affect all the local courts in their geographic circuit/states
Briefs
Documents setting out the arguments in legal cases, prepared by attorneys and presented to courts
Opinion
The explanation of a court decision
Precedents
Rulings by courts that guide judicial reasoning in subsequent cases
stare decisis
the legal doctrine that says precedent should guide judicial decision making
Senatorial Courtesy
The tradition that a judicial nomination for a federal district court seat, be approved by senators from the state where a district court is located, before the Senate Judiciary committee will consider the nomination
Standing
Authority to bring legal action because one is directly affected by the issues at hand
Executive Privilege
A presidential claim that certain communications with subordinates may be withheld from Congress and the Courts.
Super-precedents
Landmark rulings that have been reaffirmed by the court over many years and whose reasoning has become part of the fabric of American law
in forma pauperis
Process by which indigents may file a suit with the Supreme Court free of charge
writ of certiorari
Announcement that the Supreme Court will hear a case on appeal from a lower court, requires the vote of 4 justices
rule of four
the unwritten practice that requires at least 4 judges of the Supreme Court to agree that a case warrants review by the Court before it will hear the case
Amicus Curiae
Latin: “friend of the court.” Describes a brief submitted by a party not involved in a suit, but with interest in the dispute. Individuals, interest groups, federal agency, president, etc.
Opinion of the Court
The written opinion of the majority in a Supreme Court decision
Concurring Opinion
Opinion of a justice who supports the majority in a Supreme Court decision, but has a different reason for doing so
Dissenting Opinion
Represents the reasoning and opinion of the minority in a Supreme Court case
Chief Justice John Marshall
“Maximum protection to property rights and maximum support for the idea of nationalism over states’ rights”
Laissez- Faire
The political-economic doctrine that holds that government ought not to interfere with the operations of the free market.
Supported by the Supreme Court throughout the late 19th, early 20th centuries
“corporations considered persons under the law”
Lasted until the Great Depression
Focus of Supreme Court WWII -80s
Relationship between the individual and government. Civil liberties, individual freedom
Supreme Court 90s on
Conservative retrenchment, becoming more moderate on a lot of civil and other individual rights decisions, esp in regard to terrorism
Friendly to businesss interests
Judicial Activism
Actions by the courts that purportedly go beyond the role of the judiciary as interpreter of the law and adjudicator of disputes
Remedy
An action by the Supreme Court taken to rectify a wrong done by government
Original Intent
The doctrine that the courts must interpret the Constitution in ways consistent with the intentions of the Framers, rather than in light of contemporary conditions and needs
Strict Construction
The doctrine that the provisions of the Constitution have clear meaning and that judges must stick closely to this meaning when rendering decisions
Test Case
A case brought to force a ruling on the constitutionality of some law or executive action
Must find a plaintiff on whose behalf they can find a suit
Class-Action Suit
A suit brought by an individual on behalf of a group of people who are in a similar situation
Civil Liberties
Freedoms found primarily in the Bill of Rights, protected from government interference
Habeas Corpus
The legal doctrine that a person who is arrested must have a timely hearing before a judge, can be suspended when public safety demands it
Bills of Attainder
Government decree, without a trial, that a person is guilty of a crime that carries the death penalty - Constitution prohibits this
Economic Liberty
Constitution supported this, the right to own and use property free from unreasonable government interference
Selective Incorporation
The gradual and piecemeal spread of protections of the Bill of Rights to the states, by the Supreme Court
Due Process Clause
Section of the 14th Amendment, prohibits states from depriving anyone of life, liberty, or property “without due process of law.” Supports the Bill of Rights by applying those rights to state governments.
Privileges and Immunities Clause
Also part of the 14th Amendment: No state “shall make or enforce any law which shall abridge the privileges or immunities of cities of the United States
Incorporation
The process by which the Supreme Court has made most of the provisions of the Bill of Rights are made binding on state governments
Strict Scrutiny
The assumption that the actions of elected officials violate constitutional rights, restrict the democratic process, or discriminate agains racial, ethnic, or religious minorities
Prior Restraint
Government power to prevent publication, as opposed to punishment afterword. Question of whether you can infringe on Freedom of the Press to prevent damage or harm, rather than punishing after harm is caused.
Free Exercise Clause
Neither federal nor state governments may interfere with religious beliefs. Religious actions are not absolutely protected.
Establishment Clause
Part of the first amendment, prohibits Congress from establishing an official religion; the basis for the doctrine of separation of church and state.
The Lemon Test
Used to ensure separation of church and state: 1. Law must have a secular purpose
- The primary effect of the law must be neither to advance nor retard religion
- Government must never foster excessive entanglements between the state and religion
Social Movement
A loosely organized group that uses unconventional, and often disruptive tactics to have their grievances heard by the public, the news media, and government leaders.
Come and go as people feel they are needed.
The instrument of “political outsiders,” mass grassroots phenomena - Energy, numbers, and commitment. Belief that there is a common cause for shared grievances. Successful movements often turn in to long standing interest groups.
Interest Group
Longer lasting and more organized than social movements, with permanent staff and budget, and stronger commitment to conventional and non-disruptive methods
Social Movements
Abolition - end slavery
Populist - Farmers, public ownership/regulation of banks, railroads, and grain storage co.’s
Women’s Suffrage
Labor Movement - right to form unions to negotiate with management
Civil Rights Movement - end formal segregation and other discriminatory practices
Contemporary Anti-War movements - Iraq and Vietnam
Women’s Movement - civil rights for women and increased women’s participation in society
Environmental Movement - encourage government regulation of damaging environmental practices
LBGT Movement - Civil Rights
Religious Conservatives - anti abortion, school prayer, etc
Social Movements Cont
Antiglobalization Movement
Undocumented Immigrants Movement
Tea Party Movement
Scope of Conflict
Number of groups involved in a political conflict
Mass Mobilization
The process of involved large number of people in a social movement. Another way to have influence, for those who do not have access to the money, time, contacts, that fuel normal politics
Political Efficacy
The sense that an individual can affect what the government does
Sit - Down Strike
A form of labor action in which workers stop production but do not leave their job site
Civil Disobedience
Intentionally breaking or refusing to obey a law that one considers unjust, and accepting the consequences, as a way to publicize the unjustness of the law
Interest Groups
private organizations and voluntary organizations that try to influence what the government does
pluralist
a political scientist who views American democracy as best understood in terms of the interaction, conflict, and bargaining of groups
Private Interest Groups
An interest group that seeks to protect or advance the material interests of its members rather than society at large. Business, Professions, and Labor.
Lobbying
Effort by an interest or advocacy group to influence the behavior of a public official
Public Interest Groups
An interest group that works to gain protections or benefits for society at large. Ideological and cause groups, nonprofit sector, and governmental entities
Disturbance Theory
A theory positing that interest groups originate with changes in the economic, social, or political environment that threaten the well-being of some segment of the population
Earmarking
Practice of appropriating money for specific pet projects of members of Congress , usually done at the behest of lobbyists, and added to bills at the last minute, with little opportunity for deliberation
Grassroots Lobbying
The effort by interest groups to mobilize local constituencies, shape public opinion to support the group’s goals, and bring that pressure to bear on elected officials
Political Action Committee (PAC)
Entity created by an interest group whose purpose is to collect money and make contributions to candidates in federal elections
Iron Triangle or Sub-Government
An enduring alliance of common interest, among an interest group, a congressional committee, and a bureaucratic agency
Issue Networks
Broad Coalitions of public and private inters groups, policy experts, and public officials that form around particular policy issues. Said to be more visible to the public and more inclusive.
Revolving Door
The common practice in which former government officials become lobbyists for interests with whom they formerly dealt in their official capacity.
Political Parties
Organizations that try to win control of government by electing people to office who carry the party label. In theory they: keep elected officials responsive, stimulate political interest, ensure accountability, help people make sense of politics, encourage cooperation across branches of government
Party Platform
A party’s statement of its positions on the issues of the day passed at the quadrennial national convention
Multiparty System
A political system in which three or more viable parties compete to lead the government; because a majority winner is not always possible, they often have coalition governments where governing power is shared among two or more parties
Two-Party System
A political system in which two parties vie on relatively equal tees to win national elections and in which beach party governs at one time or another
Proportional Representation
The awarding of legislative seats to political parties to reflect the proportion of the popular vote each party receives
Realignment
The process by which one party supplants another as the dominant party in a political system.
Divided Government
Control of the executive and legislative branches by different political parties
Dealignment
The gradual reduction in the dominance of one political party without another party supplanting it
Party Identification
The feeling of belonging to a political party
Liberal
The political position, combining both economic and social dimensions, that holds that the federal government has a substantial role to play in economic regulation, social welfare, and overcoming racial inequality, and and abortion and stem cell research should be legal
Conservative
The political position, combining both economic and social dimensions, that holds that the federal government should play a small role in economic regulation, social welfare, and overcoming racial inequality, that abortion should be illegal, and that family values, law, and order should guide public policies
Unified Government
Control of the executive and legislative branches by the same political party
Gridlock
A situation in which things cannot get done in Washington, usually because of divided government
Active Partisan
People who identify with a party, vote in elections, and participate in additional party and party-candidate activities
Leaners
People who claim to be independents but consistently favor one party over another
Responsible Party
The notion that a political party will take a clear stance on issues and enact them as policy when in office
Prospective Voting Model
A theory of democratic elections in which voters decide what government will do in the near future by choosing one or another responsible party
Electoral Competition Model
A form of election in which parties seeking votes move toward the median voter or the center of the political spectrum. Compete for votes by taking the most popular position they can
Median Voter
Voter at the exact center of the political issue spectrum
Electoral Reward and Punishment/Retrospective Voting
The tendency to vote for the incumbents when times are good and against them when times are bad.
Provisional Ballot
A vote that is cast but not counted until determination is made that the voter is properly registered. Used when a voter has issues with registration on election day.
Franchise/Suffrage
The legal right to vote
Electoral College
Representatives selected in each of the states, their numbers based on each state’s total number of senators and representatives. A majority of the electoral college votes elects the president.
Party Convention
A gathering of delegates who nominate a party’s presidential candidate.
Primary Election
Statewide elections in which voters choose delegates to the national party convention
Party Caucuses
Delegates for the national party convention are selected by neighborhood and area-wide meetings of party supporters and activists
Turnout
The proportion of eligible or voting age Americans who vote in a given election (two different numbers).
Referenda
Procedures available in some states by which state laws or constitutional amendments proposed by the state legislature are submitted to the voters for approval or rejection
Initiatives
Procedures available in some states for citizens to put proposed laws and constitutional amendments on the ballot for voter approval or rejection
Superdelegates
Elected officials from all levels of government who are appointed by party committees to be delegates to the national convention of the Democratic party; not selected in primary elections or caucuses
Electors
Representatives who are elected to formally choose the president of the United States
Plurality
More votes than any other candidate, but less than a majority of all votes cast.
