u4 Flashcards

1
Q

engel v vitale

A

prayer in public schools are not allowed, even if they are optional

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2
Q

new york times v us

A

the media could publish leaked classified pentagon papers because it did not significantly imperil the American forces

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3
Q

schenck v us

A

the Espionage Act was constitutional, and Schenck was not allowed to distribute pamphlets against the draft

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4
Q

tinker v des moines ISD

A

wearing armbands did not disrupt school function

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5
Q

new york times v sullivan

A

alabama’s libel law was unconstitutional

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6
Q

mcdonald v chicago

A

incorporated the right to bear arms to the states

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7
Q

miranda v arizona

A

the 5th amendment requires law enforcement to advise suspects of the right to remain silent and a lawyer

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8
Q

gideon v wainwright

A

the 6th amendment right to a lawyer applies to all courts, not just federal courts

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9
Q

brown v board of education

A

separate but equal facilities violates the equal protection clause. separate but equal schools are unequal

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10
Q

wisconsin v yoder

A

free exercise of religion > school attendance past 8th grade

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11
Q

4th amendment

A

protection from unreasonable search and seizure

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12
Q

5th amendment

A

no self incrimination(miranda v arizona)

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13
Q

6th amendment

A

right to lawyer and impartial jury

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14
Q

8th amendment

A

no cruel and unusual punishment, or excessive bail

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15
Q

9th amendment

A

the rights given in the constitution is not definitive, thus cannot be used to deprive other rights

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16
Q

brutus #1

A

too much power to federal government, can’t address individual needs of states.

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17
Q

federalist 10

A

limit the effects of factions through a republic. harder for a single faction to dominate

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18
Q

federalist 51

A

separation of powers, checks and balances

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19
Q

popular sovereignty

A

government is created and sustained by the consent of the people

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20
Q

direct democracy

A

no elected reps- direct voting

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21
Q

democracy

A

direct democracy or elected reps

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22
Q

rule of law

A

all people and institutions are subject to law and equally enforced

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23
Q

republic

A

indirect democracy- representatives

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24
Q

article 1

A

legislative branch - bicameral legislature

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25
Q

article 2

A

executive branch

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26
Q

article 3

A

judicial branch

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27
Q

article 4

A

full faith and credit clause

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28
Q

article 5

A

amendment process

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29
Q

article 6

A

supremacy clause

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30
Q

article 7

A

process for new constitution

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31
Q

enumerated powers

A

powers granted to Congress

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32
Q

full faith and credit clause

A

state courts respect decisions of courts from other states

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33
Q

great compromise

A

established bicameral legislature

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34
Q

implied powers

A

“necessary and proper clause”

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35
Q

inherent powers

A

derived powers

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36
Q

new jersey plan

A

proposed unicameral congress, continuation of the articles of confederation, and equal state power

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37
Q

shays’ rebellion

A

highlighted the weakness of the articles of confederation and requirement of a strong central government.

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38
Q

supremacy clause

A

federal govt supreme

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39
Q

three-fifths compromise

A

one slave = 3/5 vote for legislative representation

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40
Q

virginia plan

A

proposed bicameral legislature, executive, and judicial branch, and proportional state representation

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41
Q

federal system

A

power is divided between fed and state

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42
Q

unitary system

A

power is mostly held by the federal govt

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43
Q

confederate system

A

weak central govt, states hold power

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44
Q

informal amendment

A

change in application of the constitution

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45
Q

10th amendment

A

powers not given to the federal government are reserved to the states

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46
Q

dual federalism

A

fed and state government are clearly separated

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47
Q

cooperative federalism

A

federal government somewhat controls some state policy

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48
Q

new federalism(devolution revolution)

A

devolved the federal government and gave more power to states

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49
Q

block grant

A

grants given to state government for specific programs, but not limited in their activities

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50
Q

categorical grant

A

grants given to states for narrowly defined activities

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51
Q

unfunded mandate

A

mandates/policy created by the federal government that the states do not get money to help enforce

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52
Q

mcculloch v maryland

A

maryland couldn’t tax the federal bank. it established federal supremacy, and demonstrated the necessary and proper clause

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53
Q

us v lopez

A

congress cannot enforce gun-free schools act. commerce clause does not protect that

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54
Q

straw poll

A

unofficial “feel” for the result

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55
Q

push poll

A

poll designed to change voters’ minds

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56
Q

exit poll

A

poll after people have voted

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57
Q

tracking poll

A

poll designed to monitor public opinion over time

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58
Q

critical election/party realignment

A

shift in voting patterns and party affiliation

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59
Q

delegate

A

individual that represents a territory or state at the national convention

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60
Q

superdelegate

A

delegates from the Democratic party who are not bound by caucuses or primary elections

61
Q

electorate

A

individuals who can vote

62
Q

primary election & caucuses

A

selecting delegates for public office

63
Q

general election

A

president and vice president voting

64
Q

initiative and referendum

A

initiative: citizens propose laws
referndum: citizens directly vote on legislature

65
Q

reapportionment

A

reallocating representation in the House

66
Q

incumbent

A

a political office holder, seeking reelection

67
Q

presidential coattails

A

when a successful president positively influences other candidates of the same party in other offices

68
Q

midterm elections

A

halfway through presidential term, all house seats up, and potentially senate

69
Q

ticket-splitting

A

electorates vote for opposite party

70
Q

rational-choice voting

A

voting based on citizens’ individual interest

71
Q

retrospective voting

A

voting for party or candidate based on the recent past

72
Q

prospective voting

A

voting based on prediction of future performance

73
Q

party-line voting

A

voting for one political party across the ballot

74
Q

pollster

A

organization that conducts polls

75
Q

citizens united v FEC

A

corporations can contribute to independent expenditures. paved the way for super pacs

76
Q

super pac

A

can spend unlimited funds as long as they do not coordinate with candidates. unlimited independent expenditures

77
Q

hard money

A

direct contributions- limited

78
Q

soft money

A

unlimited contributions to parties not directly related to supporting or opposing candidates. Bipartisan campaign reform act closed this loophole

79
Q

dark money

A

non-disclosed money that contribute to non-profit organizations that engage in political spending

80
Q

national convention

A

selects presidential candidate

81
Q

15th amendment

A

granted african americans the right to vote

82
Q

17th amendment

A

voters can directly vote for senators

83
Q

19th amendment

A

granted women suffrage

84
Q

24th amendment

A

abolished poll taxes

85
Q

26th amendment

A

established 18yo voting age

86
Q

majority and minority leaders

A

highest ranking officials in the dominant/minority parties in Senate and House

87
Q

whips

A

count votes and attendance

88
Q

president pro tempore

A

presiding officer in the Senate in the absence of the vice president

88
Q

standing committee

A

review bills

89
Q

joint committee

A

communicate between both houses, more general purpose

90
Q

conference committee

A

resolve discrepancies between Senate and House versions of bills and sends bill for final approval

91
Q

special committee

A

temporary investigative committee

92
Q

discharge petition

A

force a bill out of a committee to entire House

93
Q

rules committee

A

determines rules of bill consideration in the House

94
Q

cloture

A

ends debate or filibuster

95
Q

appropriation

A

allocating funds for a government purpose

96
Q

congressional budget act and reconciliation

A

congress determines national budget
reconciliation: enables congress to enact changes over revenue and budget

97
Q

pork barrel spending

A

legislators direct federal funds to projects or programs in their districts

98
Q

war powers resolution

A

limit the president’s power to go to war without congressional approval

99
Q

congressional review

A

Congress can review “major” rules issued by federal agencies

100
Q

senatorial courtesy

A

informal rule that allows senators to block nomination of a federal official from their home state

101
Q

trustee

A

representatives make decisions based on own judgment

102
Q

politico

A

can be either trustee or delegate

102
Q

delegate

A

representatives make decisions based on the majority

103
Q

constituents

A

individuals in a specific geographical area represented by an official
related: gerrymandering

104
Q

logrolling

A

multiple parties support each others’ interests

105
Q

presidential qualification

A

US citizen at time of birth
at least 35 yo
must be resident for at least 14 years

106
Q

22nd amendment

A

no more than 2 terms(1 term = at least 2 years)

107
Q

25th amendment

A

outlines presidential succession

108
Q

executive agreemenet

A

international agreement without Senate consideration

109
Q

line-item veto

A

presidential veto rejecting partial/specific lines of the bill, but bill is still passed

110
Q

pocket veto

A

bill does not get signed or returned and dies

111
Q

regular veto

A

bill is rejected by the president and sent back to Congress

112
Q

presidential pardon

A

excuses an individual of a federal offense

113
Q

bully pulpit

A

use or presidency to influence public opinion

114
Q

signing statement

A

comments made on a bill when being signed into law

115
Q

federal bureaucracy spoils system and patronage

A

spoils system: filling govt positions due to political opinion
patronage: hiring government officials in exchange for their support

116
Q

civil service system and merit system

A

system that hires officials based on merit

117
Q

pendleton act

A

established merit-based selection for government positions

118
Q

independent regulatory commission

A

regulates specific industries. non-partisan and independent from the executive branch

119
Q

independent executive agencies

A

more narrowly focused on specific policy areas and report to the president

120
Q

government corporations

A

performs business-like functions and are financially independent

121
Q

iron triangle

A

relationship between government agencies, congressional committees, and interest groups

122
Q

issue network

A

issue-specific iron triangle?

123
Q

original jurisdiction

A

court’s authority to conduct trials and receive evidence

124
Q

appellate jurisdiction

A

court’s authority to review whether or not there are errors in court cases

125
Q

judiciary act of 1789

A

established federal court system

126
Q

legislative jurisdiction

A

created by article 1, limited scope

127
Q

constitutional jurisdiction

A

created by article 3, wide scope, including federal law and the Constitution

128
Q

stare decisis

A

practice of adhering to precedent

129
Q

process of judicial appointment

A

president nominates, Senate confirms

130
Q

writ of certiorari

A

promise of appellate court to review a decision

131
Q

rule of four

A

at least 4 out of 9 Supreme Court judges needed to hear a case

132
Q

judicial restraint

A

judicial philosophy where judges interpret laws narrowly to avoid creating new rights and to respect the intent of legislature
opposite: judicial activism
similar: strict constructionist

133
Q

judicial activism

A

philosophy where judges interpret laws broadly
opposite: judicial restraint, strict constructionist

134
Q

strict constructionist

A

philosophy where judges interpret the Constitution narrowly

135
Q

solicitor general

A

so called “tenth justice” who represents the government to the Supreme Court. often files amicus curae(friend of the court) briefs in cases regarding the government

136
Q

majority opinion

A

represents the majority decision

137
Q

concurring opinion

A

written by one justice who agrees with the majority opinion

138
Q

dissenting opinion

A

written by one justice who disagrees with majority opinion

139
Q

plurality opinion

A

when no opinion is majority, it represents the opinion with the most support

140
Q

per curiam opinion

A

opinion when there is a unanimous decision

141
Q

marbury v madison

A

established judicial review- power to strike down unconstitutional laws

142
Q

baker v carr

A

allowed federal courts to hear redistricting cases

143
Q

shaw v reno

A

racial gerrymandering violates the 14th amendment

144
Q

federalist 70

A

“energetic executive”

145
Q

federalist 78

A

judicial review, judicial independence, judiciary is the weakest branch

146
Q

letter from a birmingham jail

A

advocates for nonviolent direct action