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Midterm #2
On all Module 2 content
| Term | Definition |
|---|---|
| Barron v Baltimore (1833) | Barron owned a dock off the coast of Downtown Baltimore, the city dumps dirt off his dock making it unusable; Barron sues the city on the basis of the 5th Amendment, and he lost |
| Bill of Rights (All of them) | 1) Freedom of Speech/Speech; 2) Right to Bear arms; 3) No Quartering soldiers; 4) Right to Privacy; 5) Double-Jeopardy; 6) Right to "speedy trial"; 7) Jury trials; 8) Cruel & Unusual Punishment; 9) Safety net for BoR; 10) Princ. of States' rights |
| Civil Rights v. Civil Liberties | Civil liberties are protections of citizens from improper governmental action; Cvil Rights are regulations on who can participate in the political process and civil society and how they can participate |
| Dual Citizenship | "the remedy [for required changes in the Constitution] was in their (the citizens) own hands, and would have been applied by themselves" |
| Establishment Clause | "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."; creating the separate between church and state (no state/federal religion) |
| 1st Amendment | "...or the right of the people peaceably to assemble, and the petition the government for a redress of grievances." (i.e., peaceful protests, marches, parades) |
| 14th Amendment | Includes Citizenship Clause, Due Process Clause, Equal Protection Clause; Covers Citizenship, Representation & Voting, Disqualification from Office, Public Debt, & Enforcement |
| Free Exercise Clause | "...or prohibiting the free exercise thereof..."; (ex. "In God we trust" on dollar bill, 10 Commandment statue on State house grounds) |
| Free Speech | Allows news agencies to right whatever they want about certain entities (Political candidate, Bills being passed, etc.) without facing lawsuit or punishment [Keep in mind Prior Restraint, "Monetary" Speech, False Statements] |
| Griswold v. Connecticut (1965) | Right to privacy under the 3rd, 4th, and 5th Amendment; Became the foundation for Roe v. Wade 1973 (was later overturned in 2022) |
| Lemon Test | Maintaining "separation of church and state"; 1) Does the law have a secular purpose, 2) It can neither advance not inhibit religion, 3) It cannot entangle government with religious institutions |
| Police powers | Police powers refer to the authority of state and local governments to regulate behavior and enforce laws to promote public health, safety, morals, and general welfare.; Originates from the 10th Amendment |
| Prior Restraint | the government cannot stop newspapers from publishing things. This falls under Strict Scrutiny (highest level of judicial review applied by the courts when evaluating laws) |
| Right to Privacy | Include Amendments 3, 4, and 5; Comes against involuntary soldier quartering, unnecessary search & seizure ("stop-and-frisk"), risk of double-jeopardy |
| Selective Incorporation | The piecemeal application of the Bill of Rights to the states under the umbrella of the 14th Amendment |
| Strict Scrutiny | the highest level of judicial review applied by courts when evaluating laws that infringe on fundamental rights or involve suspect classifications (such as race, religion, or national origin). |
| 15th Amendment | The rights of citizens of the U.S. to vote shall not be denied or abridged by the U.S. or by any state on account of race, color, previous condition of servitude (only allowed free black men to vote) |
| 19th Amendment | the right of citizens of the U.S. to vote shall not be denied or abridged... on account of sex.; driven by the Women's Suffrage movement (1848) |
| Cognitive Liberation | Collective assessment of success (Political Process Model) |
| Collective Action (ex. protest, boycotts, etc.) | are a direct product of democratic politics and rational thinking. It is also shaped by the institutional arrangements, such as distribution of power, election laws and rules, and even rules established by the courts, to sway participation. |
| Declaration of Sentiments | Assertion of women's rights, including the controversial right to vote; authored at the Seneca Falls, NY Convention for Women's Rights (1848). |
| Desegregation/Segregation (de Facto, de Jure) | De Facto Segregation is segregation that is practiced in society, but not legally mandated (ex. Housing patterns). De Jure Segregation is known as racial discrimination that is a direct result of law or official policy (ex. "whites only" facilities). |
| Plessy v. Ferguson | Homer Plessy, a 1/8 Black man, was arrested for sitting in the "Whites-only" section of the train; he appealed his case all the way to the SC, and they ruled against him, est. "Separate but equal" (in accord. to 14th Amendment) |
| Political Process Model | 3 Factors: 1) Level of organization or aggrieved, 2) Collective assessment of success, and 3) Political alignment with other groups; MLK Jr. had a congregation (indigenous org.) to help him boost his collective action |
| Purposive Benefits | the "Good Guys"; ex. joining a civil rights movement, giving to the homeless (individually), working for a non-profit organization |
| Selective Benefits | benefits only available for members of a group or organization; ex. Going to Boule/Conclaves if you're a sorority/fraternity member, AARP members get travel discounts |
| Information Benefits | (Type of Selective Benefit) Access to knowledge, training, and exclusive research; ex. AARP provides its members with Health planning advice, the NRA provides its members with voter guides for local and federal elections |
| Solidary Benefits & Material Benefits | Solidary benefit are social rewards for group membership like friendship and networking opportunities.; Material benefits are tangible benefits like money, discounts, or physical goods (ex. Union workers can receive higher wages & health benefits. |
| Separate but Equal & Brown v. Board of Edu. (1954) | The "separate but equal" doctrine was established by the Supreme Court in Plessy v. Ferguson (1896), to uphold racial segregation. In 1954, (9-0) decision, Chief Justice Warren declared that separate educational facilities are inherently unequal. |
| Ambition | James Madison (Federalism No. 51) states that "Ambition must be made to counteract Ambition"; in order to prevent any one branch of government from becoming too powerful, the system must be designed to check each other |
| Anti-Federalism | feared that a strong central government would threaten individual liberties and states’ rights.; Key figures like George Mason refused to sign the Constitution without protections for individual freedoms being outlined. |
| Creative Federalism | It marked an expansion of federal power by directly funding local and state programs, bypassing state governments in many cases. Primarily assoc. with Lyndon B. Johnso's Great Society programs |
| Commerce Clause | "To regulate Commerce with foreign nations, and among the several States, and with the Indian Tribes"; one of the most powerful tools used to expand federal authority |
| Dual v. Cooperative Federalism | Dual Federalism is clear separation between federal and state powers ("multi-layer cake"), while Cooperative Federalism is Federal and State governments working together ("marbled cake") |
| Devolution | the process of transferring power and responsibility from the federal (national) government to state or local governments.; a key feature of New Federalism |
| Divided Government | occurs when different political parties control different branches (or parts) of the federal government in the United States. Ex. Democrat President and Majority Republican Congress will not mesh well |
| Executive Privilege | the power claimed by the President of the United States to withhold information from Congress, the courts, or the public—especially in matters involving national security or confidential executive communications. |
| Faction (accord. to Madison) | "a number of citizens...united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens or to the permanent and aggregate interests of the community.", |
| Federalist & the Federalist Papers | Federalists believed in creating a strong national government to replace the weaker system under the Articles of Confederation. Key Figures like Madison and Hamilton that co-authored 85 essays to persuade the public to ratify the Constitution. |
| Gibbons v. Ogden | Extension of the Commerce Clause; Gibbons felt that Ogden state license for steamboat operation gave him exclusive rights, unlike his own federal license; Ruling: Fed. Gov't has the exclusive right to regulate interstate commerce |
| Grants-in-aid | Funds given by Congress to state and local governments on condition that they be used for a specific purpose (Lowi et al 97) |
| v. Categorical Grants | Given to state and local government that are earmarked by law for specific policy categories such as education or crime prevention (Lowi et al 98) |
| v. Project Grants | Grants-in-aid for which state and local governments submit proposals to federal agencies, which provide funding for them on a competitive basis. (Lowi et al 101) |
| v. Formula Grants | Grants-in-aid for which a formula is used to determine the amount of federal fund a state or local government will receive. (Lowi et al 101) |
| McCulloch v. Maryland (1819) | The U.S. Congress established the 2nd Bank of the U.S.; the State of Maryland tried to tax the Baltimore branch; the case questioned the power of the federal government over state authority |
| Necessary and Proper Clause | "Congress shall have Power... to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States…" |
| New Federalism | Emphasizes returning power to the states, reducing federal control. |
| Nullification | the idea that a state has the right to invalidate (or “nullify”) a federal law that it believes is unconstitutional. |
| State Sovereignty | independent authority to the States; The powers not delegated to the United States by the Constitution... are reserved to the States respectively, or to the people. |
| Unfunded Mandates | when the federal government requires states or local governments to comply with certain regulations or perform specific actions, but does not provide funding to cover the costs. (do it, but we not paying) |
| Administrative Adjudication | the process by which government agencies resolve disputes or violations through a quasi-judicial procedure, rather than going through the regular court system. |
| Article 2, Constitution | establishes the Executive Branch of the federal government — it lays out the powers, duties, and limits of the President and Vice President. |
| Bureaucracy | the actual offices, tasks, and principles of organization that large institutions use to coordinate their work |
| Bureaucratic Drift v. Coalition Drift | Bureaucratic drift is when agencies implement policies in ways that deviate from the original intentions; Coalition Drift is when new elected officials have different policy goals than the coalition that originated the law |
| Bureaucratic reputation | refers to how government agencies are perceived by the public, politicians, and other institutions in terms of their competence, fairness, and trustworthiness. |
| Clientele Agencies | federal executive branch agencies that exist primarily to serve and promote the interests of a specific group (i.e., Dept. of Agriculture or Dept. of Commerce) |
| Congression Oversight (Police v. Fire) | Police protection: oversight is random, with high costs and low rewards (ex. executing audits on depts.) Fire Protection: oversight is targeted when constituents/interests signal an issue ("waiting for someone to pull the alarm" to act) |
| Executive Rule Making | the process by which executive branch agencies (like the EPA, FDA, or Department of Education) create rules and regulations that have the force of law. |
| FDA Approval | the official authorization by the U.S. Food and Drug Administration (FDA) that a drug, medical device, vaccine, or food product is safe and effective for public use. |
| Iron Triangles | (aka Revolving doors) exist because Clientele agencies hire individuals who share the interests they represent. |
| Moral Hazard | a situation where one party takes more risks because they don’t bear the full consequences of those risks — someone else does. |
| Path Dependence | imagine you have a bag with 2 red and 2 blue marbles and the possibility of you pulling 2 blue or 2 red in a row |
| Policy triangles (same thing as iron triangles I think) | (aka Revolving doors) exist because Clientele agencies hire individuals who share the interests they represent. |
| Principal Agent Problem | happens when one person or group (the principal) hires another (the agent) to act on their behalf — but the agent’s interests don’t always align with the principal’s, and the agent may act in their own self-interest. |
| Revolving Door (same thing as iron triangles I think) | (aka Iron triangles) exist because Clientele agencies hire individuals who share the interests they represent. |
| Transaction costs | the cost of negotiating and policing behavior of Agent; ex. time spent on researching products and services, effort spent on negotiating for the product or service, cost of production |
| Amicus Curiae | "friend of the court"; a person or organization not directly involved in a case who submits information, expertise, or arguments to help a court make its decision. |
| Article 3, Constitution | establishes the Judicial Branch of the federal government — primarily the Supreme Court and authorizes lower federal courts. |
| Concurring v. Dissenting opinion | Concurring Opinion: agreeing with majority ruling (but can add suggestions); Dissenting opinion: flat-out disagreement with majority ruling |
| Criminal law, Civil law, Public Law | Criminal law: Government charges an individual w/ violation of statutes designed to protect the public; Civil law: disputes btw individuals where court act as arbiter; Public law: Litigation that involved the powers of government or right of individuals |
| Docket, Case Selection | Docket is the official list of cases the court agrees to hear |
| Judicial election | States have 3 different forms of court election: retention elections for all levels of court (AK, CO, IA, NE, UT, WY), appellate court retention elections (AZ, CA, FL, IN, KS, etc.), retention elections following popular election (IL, NM, NC, PA) |
| Judicial Restraint vs Activism | Judicial restraint is the philosophy that judges should limit their own power and avoid overturning laws; Judicial activism is the idea that courts should play an active role in shaping public policy. |
| Judicial Review | Marbury v. Madison; When a law conflicts with the Constitution, the courts can toss it out. |
| Judicial Selection | How judges get to the bench; Can be nominated by the president and confirmed by Senate (federal) or appointed or voted in my state government or voters |
| Jurisdiction, Original v. Appellate | Original jurisdiction: "The class of cases provided in the Constitution (Art.3) that may be taken directly to federal court"; Appellate jurisdiction: "The class of cases provided in the Const. that may be appealed to a higher court from a lower court" |
| Marbury v. Madison | established Judicial review |
| Mootness | "This requirement disqualifies cases that are brought too late--after the relevant facts have changed or the problem has been resolved by other means" - Lowi et al |
| Ripeness | "The criterion used by the courts to avoid hearing cases that depend on hypothetical future events" - Lowi et al |
| Stare Decisis | "Let the Decision Stand"; it means courts should follow precedent — the rulings made in previous court decisions, especially higher courts. |
| State courts | are courts established by individual states to handle most legal issues within that state’s borders.; 3 levels: Trial court, Appellate court, State supreme court |
| Standing, Judicial | Litigants must show "a substantial stake in the case's outcome" - Lowi et al |
| Writ of Certiorari | "A formal request by an appellant to have the Supreme court review decision of a lower court" - Lowi et al |
Created by:
cmh66
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