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government:chapter 4
| Term | Definition |
|---|---|
| bill of rights | first 10 amendments written by James Madison that limited national government and encouraged the ratification of the constitution (compromise) |
| civil liberties | protection of citizens from improper government actions with guaranteed freedoms and declare what gov can't do; gov stays out |
| civil rights | legal claims citizens are entitled to make on the government and rules the government has to follow to protect our rights; gov comes in |
| dual citizenship | citizen of state and gov |
| 14th ammendment | 1. citizenship (congress w/ naturalization process) 2. due process (legal processes that respect rights) 3. equal protection clause (all laws are equally applied) |
| selective incorporation | constitutional doctrine that looks at how the bill of rights is applied to states |
| sponge theory | 1. SPONGE- 14th amendment - legality that allows soaking 2. PORES - Due Process - soaks up 1,2,4,5,6,8,9 amendments 3. SQUEEZE - SCOTUS - amendments are squeezed onto state/local gov and they decide what got absorbed |
| barron vs baltimore | lived alongside wharf and road debris was blown onto his property, so he sued Maryland bc of 5th amendment; no law for 5th amendment, so he lost; first evidence that we need selective incorporation |
| 1st amendment (religion) | protection of and from religion by establish church and state separation with religious neutraility |
| establishment clause | government cannot push or law-make any religion |
| lynch vs donnelly | in rhode island, nativity was set up in town center and some citizens sued; SCOTUS ruled in favor of Mayor Lynch bc Christmas is secular and it was with other secular decor |
| engel vs. vitale | in new york, they prayed and began with "almighty God" and a child was wondering who God was, so parents sued; SCOTUS rules that they were pushing religion and religon was banned in public schools |
| lemon vs kurtzman | in pennyslvania, private schools were reimbursed for core classes and public parents argued that the parents should pay for that too; SCOTUS made the lemon test and declared it unconstitutional bc of entanglement |
| lemon test | does this law/program has a secular purpose, does it help/hurt a religion, and does it excessively entangle religion and gov |
| free exercise clause | allow citizens to believe in any religion; gov has to decide between belief and action |
| sherbert vs verner | adele worked for factory that extended shifts to saturday which was her sabbath; she asks not be scheduled and does, so then she is fired and doesn't get unemployent; she sues her unemployment officer and SCOTUS rules on her side |
| employment division vs smith | in oregon, two native americans smoked peyote for ritual; smith and black worked at a drug rehab and tested positive; they were denied employment; SCOTUS ruled with the employment |
| holt vs hobbs | in arkansas, greg holt is incarcerated and didn't want to cut his beard because he was muslim; they forced him and SCOTUS ruled on his side |
| 1st amendment (speech) | protection of speech even when insulting and outrageous |
| clear and present danger | court looks at difference between speech advocating for idea or inciting danger (not protected) |
| brandenberg vs ohio | member of KKK and held even in Hamilton, OH where he will make address as a grand wizard; camera crew notices lots of people are amred, so police arrest brandberg; SCOTUS rules on brandenberg's side |
| symbolic expression | non-verbal communication is less protected |
| tinker vs desmoines | during vietnam war, some students wore black bands to protest war and were removed from class bc of it; SCOTUS ruled on their side because they don't give up their rights going to school |
| cohen vs california | wore jacket that said "Fuck the draft and stop the war"; officer escorts him to the judge for disturbing peace; |
| texas vs johnson | republican party has a convention in Dallas and protesters fight outside the hotel; johnson burns a flag and is arrested for destorying a venerated object; SCOTUS rules on his side |
| prior restraint | government blocs/sensors publication of material bc they feel it is harmful |
| libel | person's character being attacked; written defamation |
| slander | vocal defamation of character; less serious |
| near vs minnestota | jay near was a publisher for a newspaper and wrote about dereliction of duty by city officers; they wants his press to be shut down; SCOTUS ruled on behalf of near and prior restraint is only in serious cases |
| miller vs california | marvin miller own a catalog for his porn company, so he send out blurred postcards out to people; police are called and he is arrested bc of obscenity; SCOTUS comes up with miller test and rules that porn can be regulated |
| miller test | obscene test 1. appeal to restless desire 2. material project sexual conduct in offensive way 3. lack serious literary/artisitc/political/scientific value |
| 2nd amendment | no national gun policy |
| dc vs heller | dc ruled that you can't have a handgun and dick heller didn't want to hand his in as a police officer bc it is against constitutional right; SCOTUS ruled in favor of him |
| mcdonald vs chicago | mcdonald lived in chicago and wanted a handgun for safety, but there was a band; SCOTUS ruled in favor of Otis and it was absorbed nationally |
| search & seizure (4th amendment) | invading one's privacy and taking one's property or dna through due process to not invade rights; is reasonable |
| warrant | specific permission slip to search and seizure with judge's permission |
| exclusionary rule | prohibits any evidence that was seized during unwarranted search and seizure |
| good faith exception | allows officer to work in good faith to do an emergent search/seizure and accidental finds |
| mapp vs ohio | police enters suspect dolly mapp's home even though she refuses; they find sexually explicit things in her home (found guilty); she challenge conviction; SCOTUS finds her porn protected by the 4th bc there was no warrant |
| miranda vs. arizona | ernest miranda was waken up and questioned about a kidnapping/rape where he was interrogated and beaten mentally until confessing; he was not told he could be silent, have council, or charges; SCOTUS rules on his side but still had trail for other things |
| gideon vs. wainwright | clarence gideon was a career criminal and caught in panama city; asked for an attourney, but florida refused; SCOTUS ruled on his behalf bc of ammendment rights impeded (5 & 6); based on salary now |
| death penalty | doesn't impede on 8th amendment unless there is a cognitive impairment |
| 9th amendment | right to privacy and make sure they don't forget anythingl enumerated rights |
| civil rights act of 1964 | title 7; discrimination on gender and race |
| body autonomy | demonstrate power/agency over decision concering their body without fear, threat, or coervion |
| griswold vs connecticut | married couples want contraception; estelle asks docs to prescribe the meds and they are arrested; SCOTUS grants marriage privacy |
| roe vs wade | week 27 u can't abort; up to state to decide further; question of viability has lengthed bc of medical progression; now nationally unconstitutional |
| georgia vs. michael | michael and his partner are walked in on by police doing sodomy; they are arrested; michael actually paid his ticket; SCOTUS didn't protect them |
| 3 features of civil rights | who has a right and who does not; a right to what?; how much is any individual allowed to exercise that right? |
| poll tax | $2 pay to vote which reduced equality to vote |
| 15th amendment | black men have the right to vote |
| 19th amendment | women have the right to vote |
| 24th amendment | eliminates poll tax |
| 26th amendment | lowered voting age from 21 to 18 (bc of vietnam & draft anger) |
| minority voting rights | felt they couldn't vote because of loss of birth certificate and economic inequality |
| voting rights act of 1965 | johnson passed this to allow gov to take action against discriminatory states; amended Constitution 5 times for more rights |
| de jure segregation | from law/policy; illegal |
| defacto segregation | happens on its own/naturally; legal; i.e. residential and income |
| shelley vs. kraemer | shelley family wants to buy a house in a white neighborhood that has a convenant against black people; they moved in anyway; kraemer who lived a few blocks away sued; SCOTUS ruled in favor of fam |
| brown vs. board of education | 2.5 million black children attended their own schools receiving $115 per child versus white getting $165; oliver brown sent his girls to a white school; SCOTUS ruled with browns; overturns separate but equal |
| title VII of civil rights act | outlaws job discrimination by any public/private organization; victim has to prove discrimination and report it 180 days; a |
| equal rights amendment | proposal to include "equal right by law regardless of sex and gender"; didn't pass bc only had 35 states by the time of 10 years; had 38 in 2017, but waited too long; now is dead |
| intermediate scrutiny | court created test to evaluate gender discrimination; vague and has both sides prove discrimination or lack of; lots of settlement |
| transgender rights | use title VII and many states pass laws on discriminatinon |
| affirmative action | set of laws, policies & guidelines intended to end and correct effects from racism including gov, sanctioned, & private programs; began in 1965 by Lyndon Johnson |
| uc davis vs. bakke | alan gets rejected from med school and says it's racism bc there are 16 seats set aside for disadvantaged/minorities; SCOTUS rules that race can be a plus factor not reason so Bakke wins and gets admission |
| gratz vs bollinger | university of michigan used point system for admission with 20 points for being a minority; jennifer gratz got rejected and sued the president; SCOTUS ruled in her favor bc of strict scrutiny |
| strict scrutiny | law must have compelling governmental interest and must have narrowly tailored the law to achieve that interest. |
| grutter vs. bollinger | university of michigan wanted a diverse campus, but barbara grutter didn't get in even with great stats; SCOTUS ruled in university of michigan's favor because theirs was narrowly tailored |
| protectionism | protecting women from labor/workforce to the point that some jobs were outlawed for women in 40s, 50s, 60s |
| title IX | part of education act of 1972; goal is to end gender discrimination in education (sports too); applicable to schools that take fed money; if violated, SUED; big unis attacked and trainings are to achieve this |
| US vs. virginia | VMI was fed funded, but only allowed men in; women sue them and SCOTUS ruled they had to include women if they were going to receive federal money |
| latinos | fastest growing population and have rights infringed because they are assumed to be illegal; latin american descent and not all speak spanish; get denied healthcare because people who don't have documents yet are assumed illegal |
| community of color | can't get access from gov bc they appear to be foreign and have to prove citizenship all the time but any person can receive healthcare and public education if legal or not legal |
| asian americans history | in the 1850s, they came to help build transcontinental railroad and are told they can't be american and children are forced to go to Chinese schools; 1920-65 quotas determined how many allowed in US |
| asian americans issues | english language proficiency; most vocal get discriminated against; blamed for COVID with hate crimes rising |
| disability | physical or mental impairment that substantially limits 1 or more major life ability; 1 out of 4 adults live with a disability and they have to prove how they are impaired; |
| Americans with Disabilities Act | 1990; recognizes people with disabilities as a protected minority where they have to be provided ramps, elevators, etc. |
| LGBTQIA+ | 1990s = not protected (marriage, family law (adoption & parental rights)); 2013 = gov recognizes community having rights under 14th amendment |
| constitutional basis of presidential power | anti-monarchy; article 2; constitutional requirements; expressed powers |
| article 2 | pres is chosen in indirect election; described duties and powers; no term limits yet |
| constitutional requirements | 35 years old; prove you were born in US/one of your parents are from; prove you have lived in US for 14 years |
| expressed powers | things pres had to do; legislation (pass/veto); state of union speech (report card) |
| delegated powers | one branch has assigned job/responsibility, but they can delegate to another to excercise the power |
| inherent powers | authority claimed by pres that isn't in the consitiution; stem from other roles (national crisis); war powers resolution; legislative initiative; executive orders; signing statements |
| war powers resolution | congress needed to ring in pres during civil war so made it clear they can only declare war and pres has 60 days when sending troops until congress can be taken back |
| legislative initiative | president's proposals to put on congress's & people's radars; his/her stances and proposed laws; helps set congressional agenda |
| executive orders | rule & regulation set by president that carries weight of a law; lawmaking w/ congress; congress can overwrite it with a lawand pres can veto and then congress overwrite again/supreme court rules; FDR had most |
| signing statements | when presidents signs in a law, but adds commentary & personal opinions |
| brownlow commission of 1937 | first need for presidential staff; brownlow wanted one for FDR to help with the New Deal |
| reorganization act of 1939 | congress passed the ability for the president to create agencies/staff; gives pres more power |
| cabinet | 15 presidential advisors; not a collective descion group; rarely come together bc in charge of own agency where they sometimes have experise; senate cares who sec of state, treasury, and defense is |
| white house staff | closest advisors handpicked by the president with no approval; chief of staff is closest |
| executive office of president | 11 boards who report to president and help him/her with what policies to look at; most important is office of management and budget; 1600 employees |
| office of management and budget | looks at spending and prices of policy; oversee agenda |
| vice presidency | role is in case of death; breaks tie is senate; sent on political errands |
| president's agenda | based on public/national need; changes according to polls |
| competitive advisory system | pres's team has overlapping authority; wants team to compete to be the best; FDR with New Deal |
| hierarchical advisory system | clear lines of authority with filtration system; last step in pres like military; Eisenhower |
| collegial advisory system | pres participates from beginning with lose order; same level in brainstorms; time consumption; Obama |
| nature of president | define by pres and how much it means to them; character/integrity & comptence |
| stewardship nature | majority's will and want to help ppl be heard; Teddy Roosevelt bc of environmentalism |
| constitutional nature | role defined in Constitution; rule follower; Thomas Jefferson w/ louisiana purchase |
| imperial nature | thinks they are king and knows better than congress; secrecy/dictator like; Nixon |
| world leadership | 4 objectives: national security, protect economy, humanitarian, & foster peaceful enviroment |
| national security |
Created by:
raewillison
Popular American Government sets