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Govt 2305 Test #4
ch 13-15
| Question | Answer |
|---|---|
| the power of the judicial review is.. | the power to invalidate laws of congress or of the states that the federal courts believe conflict w/ the US constitution |
| arguments over judicial power are reflected in the conflicting philosophies of .. | judicial activism & judicial self restraint |
| advocates of judicial restraint argue that.. | judges must not substitute their own views for those of elected representatives & the remedy for unwise laws lies in the legislature,not the courts |
| advocates of judicial activism argue that.. | the courts must view the constitution as a living document & its meaning must fit the needs of a changing society |
| the federal judiciary consists of three levels of courts- | the supreme court, the US courts of appeals, and the US district courts. |
| district courts are.. | trial courts that hear both civil & criminal cases. |
| the courts of appeals are.. | appellate courts & do not hold trials but consider only the record of trial courts & the arguments (beliefs) of attorneys |
| the supreme court.. | can hear appeals from state high courts as well as lower federal courts |
| the supreme court only hold about ______ cases a year. | 200 |
| the judicial power is the power to decide.. | cases and controversies, and in so doing to decide the meaning of the constitution & laws of congress |
| courts function under.. | general rules of restraint that do not bind the president or congress. |
| the supreme court does not decide... | hypothetical cases or render advisory opinions |
| the principle of stare decisis, or reliance on precendent, is.. | not set aside lightly |
| the selection of supreme court justices & federal judges is based more on.. | political considerations than on legal qualifications |
| presidents almost always appoint judges from.. | their own party, and presidents increasingly have sought judges who share their ideological biews. |
| the supreme court sets its own... | agenda for policy making, usually by granting or withholding certiorari. |
| generally, ____ judges must agree to grant certiorari for a case to be decided by the supreme court. | four |
| supreme court has been active in.. | 14th amendment's guarantee of "equal protection of the laws", as well as of the civil rights & voting rights act of congress. & in the 1st amendment & "due process of law" |
| supreme court tends to accept cases involving.. | questions decided differently by different courts of appeal, cases in which lower courts have challenged supreme court interpretations, and cases in which the US govt is a party & it requests review |
| generally, liberals have been.. | judicial activists |
| conservatives have been.. | restraints |
| today, a moderate bloc appears to.. | hold the balance of power |
| the supreme court risked its reputation for political impartiality when it intervened in... | the 2000 presidential election & issued a decision that in effect gave florida's twenty-firve electoral votes to George W. Bush & by doing so won him a majority in electoral college |
| court power derives primarily from... | legitimacy rather than force |
| most american believe that supreme court decisions are.. | authoriative statements about the constitution & people have an obligation to obey these decisions whether they agree w/ them or not |
| today it would be policially unthinkable for a president to.. | ignore a court order |
| presidents may try to influence court policy through.. | judicial nominations, but once judges are confirmed by the senate, they can pursue their own impulses |
| congress has never used its power to limit.. | the jurisdiction of federal courts in order to influence judicial decisions |
| only by amending the constitution can congress & the states reverse... | a supreme court interpretation of its meaning |
| congress can impeach federal judges only for.. | committing crimes, not for their decisions |
| policy making | courts make policy when they make a decision supreme court will impose |
| "federal question" | something that has been decided by congress or something specified in the US constitution, or something brought in by 14th amendment |
| amicus curiae briefs (friend of court) | filed by interest group or govt's attorney |
| attorneys contingency fee | they only get paid if they win; lose-get nothing |
| supreme court= | court of last resort |
| decision of appellate jurisdictions.. | announced 2-3 months after |
| types of juries | grand jury-term of office=12-18 months; petit or trial jury |
| federal civil cases need.. | 6 man jury |
| criminal trails need.. | 12 man jury |
| supreme court has ____ appeals a year. | 4,000 |
| the US has a govt that operates by.. | the rule of the law |
| The US constition and bill of rights protect & guarantee.. | the rights of individual citizens |
| the federal govt, state govts, & other governing bodies are therefore limited in.. | degree and under the circumstances in which they can infringe upon these rights |
| laws and govt are required to protect.. | individual liberty |
| to resolve the problem that laws & govts restrict liberty, constitutions seeks to limit.. | governmental power over the individual |
| initially, the bill of rights applied against only... | the federal government, not state or local governments |
| over time, the bill of rights was.. | nationalized, as the supreme court applied the due process clause of the 14th amendment to all govts in the US |
| freedom of religion emcompasses... | two separate restrictions on govt: govt must not establish religion or prohibit its free exercise |
| supreme court has allowed some restrictions on religious practices that.. | threaten health, safety, or welfare |
| the supreme court's efforts to maintain "a wall of separation" between church & state have proven.. | difficult & controversial |
| the court's banning of prayer and religious ceremony in public schools more than 30 years ago remains.. | politically unpopular today |
| the supreme court has never adopted | the absolutist position that all speech is protected by the 1st amendment |
| the court's clear & present danger doctrine & its preferred position doctrine recognize.. | the importance of free expression in a democracy, yet the court has permitted some restrictions on expression, esp in times of perceived national crisis |
| freedom of the press prevents.. | government from imposing prior restraint (censorship) on the news media except periodically in wartime, when it has been argued that publication would result in serious harm or loss of life |
| the supreme court has allowed.. | greater government authority over radio & TV than over newspapers |
| the 1st amendment guarantee of the right of assembly & petition protects.. | the organization of political parties & interest groups. it also protects the right of people to peacefully protest, parade, & demonstate. |
| governments may.. | restrict the right of people to peacefully protest, parade, & demonstrate for valid reasons but may not apply different restrictions to different groups based on the nature of their views |
| the 2nd amendment guarantees.. | "the right of people to keep & bear arms" |
| crime rates in the US are currently.. | declining, yet a free society must balance any remedies to the crime problem against potential infringements of the rights of its citizens |
| the constitution includes a number of important procedural guarantees in the criminal justice system, what are they? | the writ of habeas corpus, no bills of attainder and ex post facto laws; no unreasonable searches & seizures ; no self-incrimination;fair public & speedy trial by an impartial jury; right to confront/get favorable witness, no cruel or unusual punishment |
| supreme court's exclusionary rule helps to enforce some of these procedural rights by... | excluding illegally obtained evidence and self-incriminating statements from criminal trials. |
| in the 1960s, court interpretations of the 4th & 5th amendments strengthened.. | the rights of criminal defendents |
| few criminal cases.. | go to trial |
| most criminal cases are.. | plea bargained, w/ the defendant pleading guilty in exchange for reduced charges and/or a lighter sentence. |
| without plea bargaining,, | the nation's criminal court system would break down from case overload |
| the supreme court has ruled that the death penalty is.. | not a "cruel & unusual punishment" but the court has insisted on fairness & uniformity of application |
| there needs to be a 3/4 agreement by states to.. | change an amendment |
| habeas corpus | names an individual as an outlaw |
| ex post facto laws.. | laws must take affect in the future-not the past |
| james madison=father of constitution b/c he played active roles in.. | preparation of constitution convention, diary constitutional convention, federalist papers, bill of rights-he organized it |
| petitioning= | lobbying |
| private property can be.. | taken by government for private use (eminent domain) |
| religion | prohibit establishment, wall of separation, allow free exercise, legal activities (beliefs, not practices), citizen's tax $ is used for establishing religion |
| 1st amendment | protection against..preferred position-change of venue-no democracy, religion, speech, press, assembly & position, association |
| 2nd amendment | "the right to keep & bear arms"; "a well regulated militia"; supreme court ruled that having a gun is an individual right |
| 3rd amendment | prohibit quartering soldiers in private homes |
| 4th amendment | unreasonable search & seizure |
| 5th amendment | rights accused in a criminal trial- grand jury, prohibition against double jeopardy, prohibition against self incrimination, right to counsel, protection confideniality, due process-everybody follows the same procedures, right to appeal |
| eminent domain | protection of property "takings clause"; property can be used to public good, texas proposition 11 on 11/3/09; must be paid just compensation--fair market price |
| 6th amendment | rights of the accused-speedy&public trial, impartial jury of one's peers, informed of charges against you (habeas corpus, miranda's warning); subpoena & cross examination, attorney felony |
| 7-10 | 7-jury trial in civil case; 8-right to bail, 9-other rights retained by people(privacy); 10-powers not delegated to national reserved to states |
| 11-12 | 11-supreme court arbitrate between states & a citizen of a foreign government; 12-election of president if no majority in electoral college by house- each state gets a vote-election of president by senate |
| 13-15 | 13-prohibit slavery; 14-define citizenship, equal protection, due process, representation; 15- prohibit denial of vote on basis or race, color, creed, or previous state of servitude-civil rights |
| 16-21 | 16-national income tax, 17- popular election of US senators; 18-prohibition of alcohol 19-prohibit denial vote on basis of sex; 20-presidential inauguration from march to jan. 21- repeal of 18th amendment |
| 22-27 | 22-limit president to 2 terms; 23-citizens of district of columbia vote for president--3 votes electoral college; 24-prohibition of poll tax; 25-presidential succession; 26-18 yrs old to vote; 27-prohibit congressional salary raise until after intervening |
| amendments 1-10, 14, & 27 | limit power national government |
| amendments 13-15, 17, 19, 23, 24, 26 | expand suffrage & political participation |
| amendments 12, 20, 23, and 25 | change structure of govt and all relate to presidency |
| equality has long been the central issue of.. | american politics. |
| the original constitution of 1787.. | recognized & protected slavery |
| not until after the civil war did the ______ abolish slavery. | 13th amendment |
| segregation was held constitutional by the US supreme court in its... | "separate but equal" decision in plessy v. ferguson in 1896 |
| the NAACP led the long legal battle in the federal courts to have... | segregation declared unconstitutional as a violation of equal protection clause of the 14th amendment |
| courts are less likely to order desegregation where.. | racial imbalances are a product of residential patterns |
| the courts could eliminate governmental discrimination by... | enforcing the 14th amendment of the constitution, but only congress could end private discrimination through legislation |
| martin luther king jr's campaign of nonviolent direct action helped.. | bring remaining racial injustices to the attention of congress |
| key legislation includes.. | the civil rights act of 1964, which bans discrimination in public accomodations, government funded programs, and private employment; voting rights act of 1965-protection of voting rights, civil rights act of 1968-outlaws discrimination in housing |
| today, racial politics center around continuing.. | inequalities between blacks & whites in the areas of income, jobs, housing, health, education, and other conditions of life |
| economic conditions in mexico and other spanish speaking nations of the western hemisphere continue to.. | fuel large-scale immigration, both legal & illegal, into the US |
| the voter turnout for mexico remains lower than.. | that of other ethnic groups in the US |
| since the arrival of the first europeans on this continent, native american people have experienced cycles of.. | invasion, resistance, military defeat, and land concessions |
| the most recent major civil rights legislation is the.. | americans with disabilities act of 1990, which prohibits discrimination against disabled persons in private employment, government programs, public accommodations and communications |
| the equal protection clause of the 14th amendment applies to.. | "any person" but traditionally the supreme court has recognized gender differences in laws |
| gender discrimination in employment has been.. | illegal since the passage of the civil rights act of 1964. |
| the equal protection clause does not.. | bar government from treating persons in various income classes differently. |
| governments must treat every individual in a class.. | equally, and the classifications must not be "arbitrary" or "unreasonable". |
| once govt establishes a social welfare program by law, it must.. | provide equal access to all persons "similarly situated" |
| 1948 executive order from president truman.. | ends discrimination in military |
| gender discrimination in employment has been.. | illegal since the passage of the civil rights act of 1964. |
| the equal protection clause does not.. | bar government from treating persons in various income classes differently. |
| governments must treat every individual in a class.. | equally, and the classifications must not be "arbitrary" or "unreasonable". |
| once govt establishes a social welfare program by law, it must.. | provide equal access to all persons "similarly situated" |
Created by:
stephparnell