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PoliSci > Textbook Vocab 2 > Flashcards

Textbook Vocab 2 Flashcards

0
Q

Marbury v. Madison

A

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

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1
Q

Judicial Review

A

The power of the Supreme Court to declare actions of the other branches and levels of government unconstitutional.

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2
Q

Original Jurisdiction

A

The authority of a court to be the first to hear a particular kind of case

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3
Q

Constitutional Courts

A

Federal courts created by Congress under the authority of Article III of the Constitution.

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4
Q

Legislative Courts

A

Highly specialized (i.e.taxes, patents, maritime law) federal courts created by Congress under the authority of Article I of the Constitution

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5
Q

grand juries

A

groups of citizens who decide whether there is sufficient evidence to bring an indictment against accused persons

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6
Q

trial juries

A

juries in civil or criminal cases

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7
Q

Subject Matter for Federal Courts

A

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

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8
Q

Appellate Courts

A

Courts that hear case on appeal from other courts

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9
Q

Circuit Courts

A

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

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10
Q

Briefs

A

Documents setting out the arguments in legal cases, prepared by attorneys and presented to courts

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11
Q

Opinion

A

The explanation of a court decision

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12
Q

Precedents

A

Rulings by courts that guide judicial reasoning in subsequent cases

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13
Q

stare decisis

A

the legal doctrine that says precedent should guide judicial decision making

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14
Q

Senatorial Courtesy

A

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

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15
Q

Standing

A

Authority to bring legal action because one is directly affected by the issues at hand

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16
Q

Executive Privilege

A

A presidential claim that certain communications with subordinates may be withheld from Congress and the Courts.

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17
Q

Super-precedents

A

Landmark rulings that have been reaffirmed by the court over many years and whose reasoning has become part of the fabric of American law

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18
Q

in forma pauperis

A

Process by which indigents may file a suit with the Supreme Court free of charge

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19
Q

writ of certiorari

A

Announcement that the Supreme Court will hear a case on appeal from a lower court, requires the vote of 4 justices

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20
Q

rule of four

A

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

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21
Q

Amicus Curiae

A

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.

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22
Q

Opinion of the Court

A

The written opinion of the majority in a Supreme Court decision

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23
Q

Concurring Opinion

A

Opinion of a justice who supports the majority in a Supreme Court decision, but has a different reason for doing so

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24
Q

Dissenting Opinion

A

Represents the reasoning and opinion of the minority in a Supreme Court case

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25
Q

Chief Justice John Marshall

A

“Maximum protection to property rights and maximum support for the idea of nationalism over states’ rights”

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26
Q

Laissez- Faire

A

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

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27
Q

Focus of Supreme Court WWII -80s

A

Relationship between the individual and government. Civil liberties, individual freedom

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28
Q

Supreme Court 90s on

A

Conservative retrenchment, becoming more moderate on a lot of civil and other individual rights decisions, esp in regard to terrorism
Friendly to businesss interests

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29
Q

Judicial Activism

A

Actions by the courts that purportedly go beyond the role of the judiciary as interpreter of the law and adjudicator of disputes

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30
Q

Remedy

A

An action by the Supreme Court taken to rectify a wrong done by government

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31
Q

Original Intent

A

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

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32
Q

Strict Construction

A

The doctrine that the provisions of the Constitution have clear meaning and that judges must stick closely to this meaning when rendering decisions

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33
Q

Test Case

A

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

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34
Q

Class-Action Suit

A

A suit brought by an individual on behalf of a group of people who are in a similar situation

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35
Q

Civil Liberties

A

Freedoms found primarily in the Bill of Rights, protected from government interference

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36
Q

Habeas Corpus

A

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

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37
Q

Bills of Attainder

A

Government decree, without a trial, that a person is guilty of a crime that carries the death penalty - Constitution prohibits this

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38
Q

Economic Liberty

A

Constitution supported this, the right to own and use property free from unreasonable government interference

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39
Q

Selective Incorporation

A

The gradual and piecemeal spread of protections of the Bill of Rights to the states, by the Supreme Court

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40
Q

Due Process Clause

A

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.

41
Q

Privileges and Immunities Clause

A

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

42
Q

Incorporation

A

The process by which the Supreme Court has made most of the provisions of the Bill of Rights are made binding on state governments

43
Q

Strict Scrutiny

A

The assumption that the actions of elected officials violate constitutional rights, restrict the democratic process, or discriminate agains racial, ethnic, or religious minorities

44
Q

Prior Restraint

A

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.

45
Q

Free Exercise Clause

A

Neither federal nor state governments may interfere with religious beliefs. Religious actions are not absolutely protected.

46
Q

Establishment Clause

A

Part of the first amendment, prohibits Congress from establishing an official religion; the basis for the doctrine of separation of church and state.

47
Q

The Lemon Test

A

Used to ensure separation of church and state: 1. Law must have a secular purpose

  1. The primary effect of the law must be neither to advance nor retard religion
  2. Government must never foster excessive entanglements between the state and religion
48
Q

Social Movement

A

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.

49
Q

Interest Group

A

Longer lasting and more organized than social movements, with permanent staff and budget, and stronger commitment to conventional and non-disruptive methods

50
Q

Social Movements

A

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

51
Q

Social Movements Cont

A

Antiglobalization Movement
Undocumented Immigrants Movement
Tea Party Movement

52
Q

Scope of Conflict

A

Number of groups involved in a political conflict

53
Q

Mass Mobilization

A

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

54
Q

Political Efficacy

A

The sense that an individual can affect what the government does

55
Q

Sit - Down Strike

A

A form of labor action in which workers stop production but do not leave their job site

56
Q

Civil Disobedience

A

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

57
Q

Interest Groups

A

private organizations and voluntary organizations that try to influence what the government does

58
Q

pluralist

A

a political scientist who views American democracy as best understood in terms of the interaction, conflict, and bargaining of groups

59
Q

Private Interest Groups

A

An interest group that seeks to protect or advance the material interests of its members rather than society at large. Business, Professions, and Labor.

60
Q

Lobbying

A

Effort by an interest or advocacy group to influence the behavior of a public official

61
Q

Public Interest Groups

A

An interest group that works to gain protections or benefits for society at large. Ideological and cause groups, nonprofit sector, and governmental entities

62
Q

Disturbance Theory

A

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

63
Q

Earmarking

A

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

64
Q

Grassroots Lobbying

A

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

65
Q

Political Action Committee (PAC)

A

Entity created by an interest group whose purpose is to collect money and make contributions to candidates in federal elections

66
Q

Iron Triangle or Sub-Government

A

An enduring alliance of common interest, among an interest group, a congressional committee, and a bureaucratic agency

67
Q

Issue Networks

A

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.

68
Q

Revolving Door

A

The common practice in which former government officials become lobbyists for interests with whom they formerly dealt in their official capacity.

69
Q

Political Parties

A

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

70
Q

Party Platform

A

A party’s statement of its positions on the issues of the day passed at the quadrennial national convention

71
Q

Multiparty System

A

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

72
Q

Two-Party System

A

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

73
Q

Proportional Representation

A

The awarding of legislative seats to political parties to reflect the proportion of the popular vote each party receives

74
Q

Realignment

A

The process by which one party supplants another as the dominant party in a political system.

75
Q

Divided Government

A

Control of the executive and legislative branches by different political parties

76
Q

Dealignment

A

The gradual reduction in the dominance of one political party without another party supplanting it

77
Q

Party Identification

A

The feeling of belonging to a political party

78
Q

Liberal

A

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

79
Q

Conservative

A

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

80
Q

Unified Government

A

Control of the executive and legislative branches by the same political party

81
Q

Gridlock

A

A situation in which things cannot get done in Washington, usually because of divided government

82
Q

Active Partisan

A

People who identify with a party, vote in elections, and participate in additional party and party-candidate activities

83
Q

Leaners

A

People who claim to be independents but consistently favor one party over another

84
Q

Responsible Party

A

The notion that a political party will take a clear stance on issues and enact them as policy when in office

85
Q

Prospective Voting Model

A

A theory of democratic elections in which voters decide what government will do in the near future by choosing one or another responsible party

86
Q

Electoral Competition Model

A

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

87
Q

Median Voter

A

Voter at the exact center of the political issue spectrum

88
Q

Electoral Reward and Punishment/Retrospective Voting

A

The tendency to vote for the incumbents when times are good and against them when times are bad.

89
Q

Provisional Ballot

A

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.

90
Q

Franchise/Suffrage

A

The legal right to vote

91
Q

Electoral College

A

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.

92
Q

Party Convention

A

A gathering of delegates who nominate a party’s presidential candidate.

93
Q

Primary Election

A

Statewide elections in which voters choose delegates to the national party convention

94
Q

Party Caucuses

A

Delegates for the national party convention are selected by neighborhood and area-wide meetings of party supporters and activists

95
Q

Turnout

A

The proportion of eligible or voting age Americans who vote in a given election (two different numbers).

96
Q

Referenda

A

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

97
Q

Initiatives

A

Procedures available in some states for citizens to put proposed laws and constitutional amendments on the ballot for voter approval or rejection

98
Q

Superdelegates

A

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

99
Q

Electors

A

Representatives who are elected to formally choose the president of the United States

100
Q

Plurality

A

More votes than any other candidate, but less than a majority of all votes cast.

PoliSci (4 decks)

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