Vocab Quiz 2 (pgs. 5 - 10)

Question 1

Rule that resulted from the Mapp v Ohio decision determining that police may obtain only that evidence that can be had through a legitimate search warrant. Other evidence found at the scene of the crime is not admissible, or is excluded, in the trial.

Answer 1

Exclusionary Rule

Question 2

established in Chaplinsky v New Hampshire (1942), the decision incorporated into state law the concept that the government can limit free speech if it can be
proved that the result of speech will cause physical violence.

Answer 2

Fighting words doctrine

Question 3

landmark decision in that the Supreme Court incorporated the First Amendment to a state case for the first time.

Answer 3

Gitlow v New York (1925)

Question 4

doctrine that made the Bill of Rights apply to the states as a result of Supreme Court decisions. Even though the Fourteenth Amendment was ratified in 1868, incorporation started to take place in the 1920s. It reached a peak during the Warren Court in the late 1950s and 1960s.

Answer 4

Incorporation of the Fourteenth Amendment

Question 5

a formal list of charges made by a grand jury and guaranteed in the Fifth Amendment.

Answer 5

Indictment

Question 6

the extension of the Bill of Rights to the citizens of the states, creating a concept of dual citizenship, wherein a citizen was under the jurisdiction of the national
government as well as state governments.

Answer 6

Judicial federalism

Question 7

a legitimate document that can be used to direct a hospital to allow an individual to direct a medical facility not to use extraordinary means such as life support to keep a patient alive. The doctrine was declared constitutional in the case of Cruzan v Missouri Department of Health (1990).

Answer 7

Living will

Question 8

those rights directing police to inform the accused upon their arrest of their constitutional right to remain silent, that anything said could be used in court, that they have the right to consult with a lawyer at anytime during the process, that a lawyer will be provided if the
accused cannot afford one, that the accused understand these rights, and that the accused has the
right to answer any questions at any time and request a lawyer at any point.

Answer 8

Miranda rights

Question 9

a series of steps that are established by the Fifth, Sixth, and Seventh Amendments that protect the rights of the accused at every step of the investigation.

Answer 9

Procedural due process

Question 10

Also known as the “establishment clause,” it is part of the First Amendment to the Constitution prohibiting the federal government from creating a state supported religion.

Answer 10

Separation of church and state

Question 11

legal process that places limits related to the content of legislation and the extent government can use its power to enact unreasonable laws.

Answer 11

Substantive due process

Question 12

forms of free speech guaranteed under the First Amendment to the Constitution, such as wearing a black armband to protest a governmental action or burning an American flag in protest for political reasons.

Answer 12

Symbolic speech

Question 13

programs for minorities supported by government as a means of providing equality under the law.

Answer 13

Affirmative Action

Question 14

act that required employers, schools, and public
buildings to reasonably accommodate the physical needs of handicapped individuals by providing such things as ramps and elevators with appropriate facilities.

Answer 14

Americans with Disabilities Act (1991)

Question 15

a friend of the court opinion offered by Louis Brandeis, in the Supreme Court case Muller v Oregon (1908), which spoke about inherent differences between men and women in the workplace.

Answer 15

Brandeis Brief

Question 16

the application of equal protection under the law to individuals

Answer 16

Civil rights

Question 17

segregation of schools and other public facilities through circumstance with no law supporting it.

Answer 17

De facto segregation

Question 18

segregation by law, made illegal by Brown v Board of Education.

Answer 18

De jure segregation

Question 19

act that shifted the quota of immigrants to Europe and aimed to attract immigrants who were trained workers.

Answer 19

Immigration Act of 1991

Question 20

legislation that legalized segregation even after the adoption of the Fourteenth Amendment.

Answer 20

Jim Crow laws

Question 21

a judicial doctrine of the Fourteenth Amendment that applied the Bill of Rights to the states in matters such as segregation.

Answer 21

Nationalization of the Bill of Rights

Question 22

case that ruled that states had the right to impose “separate but equal” facilities on its citizens as well as create other laws that segregated the races.

Answer 22

Plessy v Ferguson (1896)

Question 23

in 1848, Elizabeth Cady Stanton led the fight for political suffrage and supported a doctrine very similar in nature to the Declaration of Independence called the Declaration of Sentiments and Resolutions. It became a rallying document in the fight for women’s rights.

Answer 23

Seneca Falls Convention

Question 24

the judicial precedent established in the Plessy v Ferguson decision that enabled states to interpret the equal protection provision of the Fourteenth Amendment as a means of establishing segregation.

Answer 24

Separate but equal

Question 25

the ability to use the office of the presidency to promote a particular program and/or to influence Congress to accept legislative proposals.

Answer 25

Bully pulpits

Question 26

part of the "unwritten Constitution," it was first established by George Washington and includes federal departments such as state, defense etc.

Answer 26

Cabinet

Question 27

used to describe the president. Powers found in Article II of the Constitution.

Answer 27

Chief executive

Question 28

created by Franklin Roosevelt in 1939; it has four major policy making bodies today--the National Security Council, the Council of Economic Advisors, the Office of Management and Budget, and the Office of National Drug Control Policy.

Answer 28

Executive office of the president

Question 29

term developed by historian Arthur Schlesinger Jr.; refers to presidents who dominate the political and legislative agenda.

Answer 29

Imperial presidency

Question 30

policy that would allow the president to veto selectively what he considers unnecessary spending items contained in legislation.

Answer 30

Line item veto

Question 31

chaired by the president, it is the lead advisory board in the area of national and international security. The other members of the council include the vice president, secretaries of state and defense, director of the Central Intelligence Agency, and chair of the joint chiefs of staff.

Answer 31

National Security Council

Question 32

rejection of legislation that occurs if the president does not sign a bill within 10 days and the Congress also adjourns within the same time period.

Answer 32

Pocket veto

Question 33

amendments to bills, often in the form of appropriations, that sometimes have nothing to do with the intent of the bill itself and many times are considered to be pork barrel legislation.

Answer 33

Riders

Question 34

policy that gives senators the right to be notified by the president of pending judicial nominations. Once informed, the approval of the senators from the state from which the judge comes is obtained and the appointment process moves on. This courtesy does not apply to Supreme Court justice nominations.

Answer 34

Senatorial courtesy

Question 35

selective leaks aimed at testing the political waters.

Answer 35

Trial balloons

Question 36

managed by the White House Chief of Staff, who directly advises the president on a daily basis, it includes the more than 600 people who work at the White House, from the chef to the advance people who make travel arrangements. The key staff departments include the political offices of the Office of Communications, Legislative Affairs, Political Affairs, and Intergovernmental Affairs. It includes the support services of Scheduling, Personnel, and Secret Service and the policy offices of the National Security Affairs, Domestic Policy Affairs, and cabinet secretaries.

Answer 36

White House staff

Question 37

case that established the principle of one man, one vote. This decision created guidelines for drawing up congressional districts and guaranteed a more equitable system of representation to the citizens of each state.

Answer 37

Baker v Carr (1962)

Question 38

the process in which it takes 60 senators to cut off a filibuster and is aimed at protecting minority interests.

Answer 38

Cloture

Question 39

a committee consisting of senators and representatives that meets to resolve differences in legislation

Answer 39

Conference committee

Question 40

power used by Congress to gather information useful for the formation of legislation, review the operations and budgets of executive departments and independent regulatory agencies, conduct investigations through committee hearings, and bring to the public's attention the need for public policy

Answer 40

Congressional oversight

Question 41

results in the government giving benefits directly to people, groups, farmers, and businesses. Typical policies include subsidies, research and development funds for corporations, and direct government aid for highway construction and education.

Answer 41

Distributive policy

Question 42

state legislatures, based on political affiliation, create congressional districts, many of which are oddly shaped and favor the political party in power in the state making the changes.

Answer 42

Gerrymandering

Question 43

describes people's perception that Congress and the president are in a state of disagreement that results in little legislation passing

Answer 43

Gridlock

Question 44

describes a Congress that succeeds in establishing itself as dominant in legislative and foreign policy.

Answer 44

Imperial Congress

Question 45

those elected officials who are running for new terms of office

Answer 45

Incumbents

Question 46

a tactic used in Congress that is best illustrated by one legislator saying to another, "I'll vote for your legislation, if you vote for mine."

Answer 46

Logrolling

Question 47

the practice of legislators obtaining funds through legislation that favors their home districts.

Answer 47

Pork barrel legislation

Question 48

temporary presiding officer of the Senate.

Answer 48

President pro tempore

Question 49

the process in which a state legislature redraws congressional districts based on population increases or declines.

Answer 49

Reapportionment

Question 50

act that provides for a permanent size of the House and for the number of seats, based on the census, each state should have.

Answer 50

Reapportionment Act of 1929

Question 51

policy that results in the government taking money from one segment of the society through taxes and giving it back to groups in need. It includes such policies as welfare, Aid to Families with Dependent Children, tax credits for business expenses or business investment, and highway construction made possible through a gasoline tax.

Answer 51

Redistributive policy

Question 52

policy that results in government control over individuals and businesses. Examples of regulatory policy include protection of the environment and consumer protection.

Answer 52

Regulatory policy

Question 53

specially created congressional committees that conduct special investigations. The Watergate Committee and Iran-Contra investigators were select Senate committees.

Answer 53

Select committees

Question 54

the representative from the majority party in the House of Representatives who presides over House meetings, recognizes speakers, refers bills to committees, answers procedural questions, and declares the outcome of votes.

Answer 54

Speaker of the House

Question 55

committees that deal with proposed bills and also act in an oversight function. They are permanent, existing from one Congress to the next, such as the House Ways and Means and Senate Appropriations.

Answer 55

Standing committees

Question 56

also known as assistant floor leaders, they check with party members and inform the majority leader of the status and feelings of the membership regarding issues that are going to be voted on. Whips are responsible for keeping party members in line and having an accurate count of who will be voting for or against a particular bill.

Answer 56

Whips

Question 57

"friend of the court"; briefs that may be sent to support the position of one side or the other.

Answer 57

Amicus curiae

Question 58

those cases that cannot be resolved under common law precedent.

Answer 58

Cases of equity

Question 59

deals with contract issues and tort cases such as negligence and slander and defines the legal rights of individuals.

Answer 59

Civil law

Question 60

based on the legal concept of stare decis, or judicial precedent

Answer 60

Common law

Question 61

courts that were formed to carry out the direction in the Constitution so that the Courts would exercise their judicial power.

Answer 61

Constitutional courts

Question 62

cases that derive from criminal laws passed by the federal and state governments

Answer 62

Criminal law

Question 63

decision that established the precedent that the Supreme Court could rule a state law unconstitutional.

Answer 63

Fletcher v Peck (1810)

Question 64

case established the principle that Congress has sole authority over interstate commerce.

Answer 64

Gibbon v Ogden (1824)

Question 65

a philosophy of judicial review that results in decisions that overturn precedent.

Answer 65

Judicial activism

Question 66

a court that maintains the status quo or mirrors what the other branches of government have established as current policy

Answer 66

Judicial restraint

Question 67

key Senate committee that is responsible for recommending presidential judicial appointments to the full Senate for approval

Answer 67

Judiciary committee

Question 68

John Marshall's tenure as Chief Justice of the Supreme Court, whose leadership resulted in the landmark decisions of Marbury v Madison, McCulloch v Maryland, and Gibbons v Ogden. These cases shifted power to the judiciary and federal government.

Answer 68

Marshall Court

Question 69

case that established the principle that the federal government was supreme over the state.

Answer 69

McCulloch v Maryland (1819)

Question 70

cases heard by the Supreme Court that do not come on appeal and that "affect ambassadors, other public ministers and consuls, and those in which a State shall be a party.

Answer 70

Original jurisdiction

Question 71

includes constitutional law (cases involving constitutional issues), and administrative law (cases involving disputes over the jurisdiction of public or administrative agencies).

Answer 71

Public law

Question 72

courts created by Congress to deal with cases deriving from the delegated powers of Congress such as military appeals, tax appeals, and veteran appeals.

Answer 72

Special courts

Question 73

Latin for judicial precedent, this concept originated in England in the twelfth century when judges settled disputes based on custom and tradition.

Answer 73

Stare decisis

Question 74

Latin for "to be made more certain," the process in which the Supreme Court accepts written briefs on appeal based on the "rule of four" justices voting to hear the case

Answer 74

Writ of certiorari

Question 75

organizations that are self-perpetuating and demand funding that will result in the continued existence of the agency

Answer 75

Acquisitive bureaucracies

Question 76

large administrative agencies reflecting a hierarchical authority, job specialization, and rules and regulations that drive them.

Answer 76

Bureaucracies

Question 77

law that replaced the Civil Service Commission with the Office of Personnel Management and the Merit Systems Protection Board. These agencies are responsible for enforcing existing civil service laws, coordinating the testing of applicants, setting up pay scales, and appointing people to federal jobs.

Answer 77

Civil Service Reform Act (1978)

Question 78

skilled workers each have a specialized function, resulting in increased productivity.

Answer 78

Division of labor

Question 79

such as the Tennessee Valley Authority, created during the New Deal, having specific responsibilities that facilitate a specific operation of the government.

Answer 79

Government corporation

Question 80

law that places restrictions on the kind of political activity a federal employee may participate in.

Answer 80

Hatch Act (1939)

Question 81

agencies that are quasi legislative and quasi judicial in nature and operation. Examples include the Food and Drug Administration and Environmental Protection Agency.

Answer 81

Independent regulatory agencies

Question 82

the interrelationship among bureaucracies, the government, interest groups, and the public, which also establishes a pattern of relationships among an agency in the executive branch, Congress, and one or more outside clients of that agency.

Answer 82

Iron triangle network

Question 83

organizations where there is no competitive equal, such as the Social Security Administration, that also exists in the private sector. Thus the citizen is forced to deal with that particular government agency.

Answer 83

Monopolistic bureaucracies

Question 84

known as the Civil Service Act of 1883, it set up merit as the criterion for hiring, promoting, and firing federal employees.

Answer 84

Pendleton Act

Question 85

a characteristic of independent regulatory agencies that gives them judicial power to interpret regulations they create.

Answer 85

Quasi-judicial

Question 86

a characteristic of independent regulatory agencies that gives them legislative powers to issue regulations.

Answer 86

Quasi-legislative

Question 87

used to describe the difficulty it takes to get answers from a bureaucratic agency

Answer 87

Red tape

Question 88

better known as reinventing government, the plan introduced by President Clinton and Vice President Gore that called for reducing the federal work force by 12 percent, updating information systems, eliminating wasteful programs and procedures, and cutting red tape.

Answer 88

REGO

Question 89

commission that brought significant representation changes to the party. It made future conventions more democratic by including more minority representation.

Answer 89

McGovern-Frasier Commission