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280 Cards in this Set
- Front
- Back
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The Constitution provides no prescriptions for
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nominating candidates for the office of president.
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Richard P. McCormick: Argues in his book,____, that the framers believed that the Electoral College __
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The Presidential Game (1982), would nominate candidates to stand for the office.
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The Electoral College never played the role the founders intended because
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George Washington was a unanimous choice for President between 1788 and 1796.
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The two parties developed the _____ ____ to decide who would be the nominees; the system was the dominant mechanism for nominating candidates between 1796 and 1824.
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Congressional Caucus
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In response to criticism that the Congressional Caucus violated the separation of powers, the Democrats and Whigs developed ______ in the 1840s.
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National Conventions
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In the 20th century the political parties developed a “mixed system” that allowed
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primary elections to inform the decisions of party leaders; was the main system between 1912 and 1968.
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The Democratic nomination race of 1968 gave rise to the
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contemporary system.
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___ and ___ won almost all of the nominating primaries in 1968.
Democratic Party leaders ignored the results of the primaries and nominated Vice-President ___ in 1968. |
Sen. Robert Kennedy (D-NY) and Sen. Eugene McCarthy (D-MN) ; Hubert Humphrey i
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Presidential Primaries:
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are elections held for the purpose of selecting or instructing national convention delegates; there were 41 nominating primaries in 2008.
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Caucuses:
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are meetings of candidate supporters who choose delegates to a state or national convention.
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Superdelegates:
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are party leaders—members of Congress, governors, etc.—who become automatic delegates to the national convention.
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The Watergate scandal prompted Congress to
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rewrite the laws governing how money could be spent in campaigns.
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Federal Election Campaign Act of 1974:
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set contribution limits, developed a system of matching funds, set spending limits for candidates who take matching funds, set limits on self financing, and forced candidates to disclose the sources of their contributions.
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Strengths of the system:
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1. The process is more transparent.
2. Ordinary voters have a tremendous amount of power in the selection process. |
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Weaknesses of the system:
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1. It is dominated by political activists.
2. It leads the parties toward extreme position. |
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_____ selected candidates to stand for the Vice Presidency in the pre-modern era.
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party Conventions
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___ select their running mates in the contemporary era.
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Presidential candidates
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Running mates are typically selected to
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provide regional balance, ideological balance or because they are close confidants of the nominee; they are always selected with an eye toward improving the performance of the ticket.
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The 1974 FECA law also provides a system of public financing for the general election:
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each candidate of the two major parties is entitled to a lump sum payment for the federal government to finance their campaigns.
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The sum provided by the FECA is indexed to
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inflation.
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The 1974 FECA law also requires candidates who take public money for the general election to
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abide by spending limits.
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_____ was the first person to opt out of the public system; Candidate McCain remained in the public system.
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Candidate Obama
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Soft Money:
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Money contributed to parties by interest groups, labor unions, and individual donors that is not subject to federal regulations.
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McCain-Feingold Act (2002):
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Limited the ability of political parties to use soft money.
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Citizens United v. FEC (2010):
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A Supreme Court ruling that overturned McCain-Feingold by saying that contributing to political campaigns is akin to free speech and cannot be limited.
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Political Action Committees known as 527s can now spend
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in support of candidates and parties with absolutely no limits.
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Popular Vote:
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The vote cast across the nation for a candidate.
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Electoral Vote:
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Cast by electors, with each state receiving one vote for each of its members in the House of Representatives and members of the Senate.
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With the exception of___ and ___ the Electoral College system is winner-take-all
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Maine and Nebraska,
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winner-take-all:
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which means that the candidate that wins the popular vote wins all of the electors for that state.
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There are ___ Electoral Votes in the Electoral College; the first candidate to ___ Electoral Votes wins.
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538, 270
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Party Identification:
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A person’s subjective feeling of affiliation with a party.
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Party Image:
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The associations that voters make between the parties and particular issues and values.
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Prospective Voting:
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Voting based on the basis of the candidates’ policy promises.
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Retrospective Voting:
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Voting on the basis of the past performance of the incumbent president.
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The House of Representatives should have “an immediate dependence on, and intimate sympathy with the people.” -?
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Madison
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Between the Founding of the Republic and until the 1890s, Congress had a turnover rate of about _ percent from one election to the next.
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50
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From the founding until the 1890s, the Congress was really a
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volunteer legislature.
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Rotation:
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a practice that allowed a district’s political factions to take turns holding the seat in Congress.
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James Sterling Young: Argues in his book ____ (1966) that
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The Washington Community turnover and rotation rates were higher in the early days of the republic because members preferred to live and exercise power in their home states. Compounding this problem was the fact that service in Washington was extremely difficult.
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Professional legislature:
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A legislature whose members serve full-time and for long periods.
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Speaker Joseph Cannon (R-IL):
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Undertook the work of modernizing the House of Representatives in the first decades of the 20th century; served in the House for 40 years.
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The nominating process for Congress requires that a candidate win a _____in their home state or district.
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primary election
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The most competitive primary elections come when
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there is an open seat.
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Open seats are House of Senate races where there is
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no incumbent (because of the death or retirement of a member).
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Reapportionment:
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The allocation of House seats to states after each decennial census.
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Redistricting:
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The drawing of new boundaries of congressional districts, usually after the decennial census.
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Redistricting is one of the few forces in politics that can
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challenge the power of incumbency in the nominating process for House seats.
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Article 1 of the U.S. Constitution: mandates a
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decennial census, a redistricting in its wake, and that every state will have at least one of the 435 seats in the House.
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Wesberry v. Sims (1964):
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A Supreme Court ruling that said the 435 Congressional districts must have roughly equal populations.
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Gerrymandering:
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Drawing of boundary lines of congressional districts in order to confer an advantage on some partisan or political interest.
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Incumbency Advantage:
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The electoral advantage one enjoys by virtue of being an incumbent, over and above his or her other personal and political characteristics.
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Low Voter Information:
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33 percent of voters can name their member of Congress; 10 percent can remember how they voted on a bill. Ironically this low information reinforces the incumbent’s strength because voters know even less about challengers.
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Safe Seats:
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congressional seats certain to vote for the candidate of one party; safe seats typically result from gerrymanders.
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Staff Resources:
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In 1950, the average member of Congress had 3 staff members; today the average is 18 staff members dedicated to “representative activities.”
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Casework:
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Efforts by members of Congress to help individuals and groups when they have difficulties with federal agencies.
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Constituency Service:
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Efforts to secure federal funding for their districts and help constituents when they have difficulties with federal agencies.
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Franking Privilege:
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The name given to representatives’ and senators’ free use of the U.S. mail for sending communications to their constituents.
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Average Spending for a House seat in 2008 was $
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600,000.
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Incumbents can horde resources from previous elections in
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war chests.
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Staff Resources for incumbents are valued at more than
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$1 million per year.
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Party Competition:
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The size and heterogeneity of states means that both parties have the ability to establish electoral bases.
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Uncontrolled Information:
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Senators are under greater scrutiny from the media; they lack the ability to blanket their constituents with positive spin.
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Better Challengers:
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The prestige of the Senate means that challengers have more name recognition, more experience and more money than the average challenger on the House side.
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National Forces:
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are social and political conditions—i.e., popular reaction to wars, economic conditions, and the president’s performance—that shape the electoral chances of the two parties in their congressional districts or states.
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Presidential Coattails:
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Positive electoral effect of a popular presidential candidate on congressional candidates of the president’s party.
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Survey data shows that voters have increasingly used national issues to decide about congressional candidates in the cycles between
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2002 and 2010.
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Article # of the United States Constitution establishes the Congress of the United States.
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1
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The Congress is a __ legislature consisting of the
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bicameral, House of Representatives and Senate.
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The House and Senate have ___ powers under the Constitution.
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roughly equal
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There are ___ members of the House of Representatives and ____ Senators.
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435 ; 100
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The Committee system is the
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primary locus of legislative activity in the U.S. Congress.
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Political parties are the
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primary leadership structure in the Congress.
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David Mayhew (1982):
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Argues that both the committee system and partisan government developed organically to meet the needs of members of Congress.
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The work of Congress on Capitol Hill is carried out by:
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7,000 House staffers; 4,000 Senate staffers; and 2,000 committee staffers.
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__ and ___ also provide extensive staff support to members of Congress.
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The General Accounting Office (GAO) and Congressional Budget Office (CBO)
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Standing Committees:
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have fixed membership and jurisdiction, continuing from Congress to Congress.
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Select Committees:
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are temporary committees created to deal with a specific issue or problem.
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Joint-Select Committees:
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temporary committees created to deal with a specific problem that is composed of members of both houses of Congress.
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Sub-committees:
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are small units of the larger committees.
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There are ___ levels of committees in the House of Representatives.
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three (3)
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The Control Committees: at the top level are four (4) committees—
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Committee on Rules; Appropriations; Ways and Means; and Commerce—that control the rules of the House and have broad control over spending, taxing and government policy.
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The Second Tier are: committees that deal with
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important policy areas—Armed Services, Agriculture, Judiciary, etc.
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The Third Tier are called
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House Keeping Committees—Government Reform and Oversight, Veterans Affairs—because they deal with managing the government or a narrow policy area.
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There are ___levels of committees in the Senate:
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2, major committees and minor committees.
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The Major Committees: are
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Appropriations, Finance, Budget and Foreign Relations.
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The majority party in each house of Congress has
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formal control over the committee system.
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Committee memberships are elected by the
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Party Caucuses and seniority typically determines the positions of chair and ranking-member.
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Seniority:
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is the practice by which the majority-party member with the longest continuous service on a committee becomes the chair.
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David Mayhew (1982):
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The Committee system evolved to meet members’ needs; but what needs??? Mayhew asserts that reelection was the primary need.
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Distributive Theory of Congress:
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committees help members of Congress provide pork to their constituents and claim credit for reelection.
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Keith Krehbiel (1991):
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Developed the informational theory of committees; he argues that members of Congress want to make good public policy so they support committee work as a way to reduce the costs of gathering the information they will need to cast votes.
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Caucus:
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A voluntary group within Congress that is formed by members to pursue shared interests; a caucus can cross party, committee, and even chamber lines.
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There were __ Caucuses registered in Congress in the 111th Congress.
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250
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Susan Hammond (2001):
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argues that Caucuses are another way for members to reduce informational costs about issues they really care about.
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Speaker of the House:
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The presiding officer of the House of Representatives; normally, the Speaker is the leader of the majority party.
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Majority Leader:
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the Speaker’s chief lieutenant in the House; majority leaders are responsible for the day to day work of building political coalitions within parties and enacting laws.
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Minority Leader:
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the leader of the minority party; coordinates their attempts to improve or defeat majority legislation.
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Whips:
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members of the leadership team who serve as informational channels between the caucus leaders and the rank-and-file; they also count votes of the caucus on each piece of legislation.
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Vice-President of the United States:
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President and presiding officer of the Senate; only votes during ties.
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President Pro Tempore:
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presides over the Senate in the absence of the Vice-President; third in line of succession for the Presidency; longest-serving member of the majority party.
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Majority Leader:
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leader of the majority party in the Senate; responsible for the day-to-day work of building political coalitions; has complete control over the Senate floor and agenda.
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Minority Leader:
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the leader of the minority party in the Senate; coordinates their attempts to improve or defeat majority legislation.
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Sponsor:
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a representative or senator who introduces a bill or resolution.
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Multiple Referrals:
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the process when party leaders give more than one committee responsibility for considering a bill.
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Markup:
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the process in which a committee or subcommittee considers and revises a bill that had been introduced.
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Committee of the Whole:
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When the entire chamber votes up or down on a bill.
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Conference Committee:
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a group of representatives from both chambers who meet to reconcile differences in their two versions of a bill.
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Public opinion polls show that Americans have a ___ view of Congress.
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negative
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The Gallup Organization found that Americans rate only __ and__ as having worse ethics than members of Congress.
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HMO managers and car salesmen
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Fenno’s Paradox (1975):
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The political scientist Richard Fenno identified the fact, despite the low approval ratings of the institution, citizens give their individual members high approval ratings.
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Presidents have a national constituency
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of voters and a partisan constituency in Congress.
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Divided Government can make it difficult for a president because it can confuse
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responsibility in the minds of the voters and strain relations with his partisans in Congress.
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Article II of the U.S. Constitution:
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The President shall from time to time give to Congress information about the State of the Union.
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Woodrow Wilson (1913): Was
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the first person to present the state of the union speech to a joint session of Congress.
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State of the Union:
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The annual speech delivered by the president in late January or early February.
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F and P: “More than any other president, Theodore (“Teddy”) Roosevelt changed the definition
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of what was permissible in presidential rhetoric.
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Bully Pulpit:
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The nature of presidential status as an ideal vehicle for persuading the public to support the president’s policies.
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Roosevelt believed that presidents should view their national constituencies as their
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“congregations.”
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Samuel Kernell (1997):
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Demonstrated that presidents after Roosevelt communicated directly with the American people more frequently than did their predecessors.
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Article II states that: “Before any law can take effect” the president must
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“approve” it; thus the veto power is implied in the Constitution.
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Veto Power:
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is the power to prevent bills passed by Congress from becoming law.
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Override:
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A check on the president’s veto power; Congress can pass a bill over a veto with a two-thirds majority.
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Pocket Veto:
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a veto after congressional adjournment, executed merely by not signing a bill into law.
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The pocket veto can only be executed if the law
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has been passed ten days before the end of a Congressional session.
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Line Item Veto:
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the authority to negate particular provisions of a law while letting the remainder stand; this is a power held by many governors.
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Clinton vs. City of New York (1998):
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The Supreme Court struck down the line item veto as unconstitutional in a 6-3 decision.
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Advice and Consent Powers:
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A constitutionally mandated congressional check on the power of appointment.
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Administration:
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The president and his political appointees, who are responsible for directing the executive branch of government.
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The Cabinet:
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Top administration officials, most of whom are heads of departments in the executive branch.
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Secretary:
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The title of the head of a department within the executive branch.
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White House Office:
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Political appointees who work directly for the president, many of whom occupy offices in the White House.
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Executive Office of the President:
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Agency that houses both top coordinating offices and other operating agencies.
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Chief of Staff:
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Head of the White House staff, who has continuous, direct contact with the president.
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Stephen Skowronek (1982):
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argues that presidents began to recommend more after the Civil War because of the growth of industrial capitalism and the modern American state.
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Lyndon Johnson:
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his “war on poverty” is one of the prime examples of Congress acting on a presidential recommendation.
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Transition:
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The period after a presidential candidate has won the November election, but before the candidate assumes the office of president.
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Honeymoon:
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The first several months of a presidency, where reporters are more forgiving than usual, Congress is more inclined to be cooperative, and the public is more receptive to new approaches.
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Inherent Executive Power:
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Presidential authority inherent in the executive branch of government, although not specifically mentioned in the Constitution.
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Executive Orders:
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A presidential directive that has the force of law, although it is not enacted by Congress.
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United States v. Belmont (1936):
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A Supreme Court ruling that made executive orders legal.
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Executive Privilege:
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The right of the president to deny Congress information it requests on the grounds that the activities of the executive branch must be kept confidential.
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George Washington:
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Was the first president to invoke executive privilege; he refused to provide Congress with information about a failed military campaign because he did not want to “injure the public.”
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United States v. Nixon (1974):
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The Supreme Court upholds the doctrine of executive privilege by saying that the White House does not have to just turn over all of its communications to Congress; the one exemption is when there is a criminal investigation.
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Commander in chief:
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The president in his constitutional role as head of the U.S. armed forces.
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Only Congress has the power to
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declare war and to raise and support armies and to make rules for the government of the armed forces.
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Walter Bagehot (1826-1877):
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A British journalist who argued that all governments had both efficient and dignified aspects.
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Efficient Aspects:
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involve making policy, administering the laws, and settling disputes.
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Dignified Aspects:
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involve ceremonies that generate citizen respect and loyalty.
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Presidential Popularity:
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Evaluation of the president by voters, usually as measured by a survey question asking the adult population how well they think the president is doing the job.
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Stephen Skowronek (1993):
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The best way to judge presidents is by how successful they are in managing the political context that shapes their administrations and the legacies of their predecessors.
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Melinda Gann Hall
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conducted a study of elected state judges that found evidence that they are more sensitive to public opinion than appointed judges.
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Most studies show that both voter interest and turnout in races for state judgeships are typically
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low.
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Interest groups have increasingly sought to use ____ to shape the electoral process in state court systems.
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money
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The Framers of the Constitution believed that “life tenure” was a
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barrier against the popular will or sentiments.
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The Constitution also protects judicial independence by
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providing judges with fixed salaries and ensuring that they cannot be lowered once they have taken effect.
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Judicial Review:
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Power of the Federal Courts to declare null and void laws passed by Congress and of state legislatures that they find uncon-stitutional.
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Marbury v. Madison (1803):
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Supreme Court decision in which the court first exercised the power of judicial review.
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John Marshall (1801-1835):
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Chief Justice of the Supreme Court; the principle architect of the decision in Marbury v. Madison.
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District Courts:
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The lowest tier of the federal court system; there are 94 district courts throughout the nation.
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Circuit Courts of Appeals:
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The second highest tier in the federal court system; decisions from federal district courts are appealed at this level.
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The U.S. Supreme Court:
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The highest level of the federal system; the court of final appeals.
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Borking:
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Politicizing the nomination process through an organized public campaign that portrays the nominee as a dangerous extremist; a reference to the campaign led against Judge Robert Bork in 1987.
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Stare Decisis:
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Translates to “let the decision stand;” in court rulings, this principle urges judges to rely on precedents.
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Precedent:
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A previous court decision or ruling applicable to a particular case.
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Judicial Restraint:
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Doctrine that says courts should, if at all possible, rule narrowly and avoid overturning a prior court decision.
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Judicial Activism:
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Doctrine that says the principle of stare decisis should sometimes be sacrificed to adapt the Constitution to changing conditions.
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Legal Distinction:
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The legal difference between a case at hand and previous court decisions.
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Writ of Certiorari (cert):
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A document issued by the Supreme Court indicating that it will review a decision made by a lower court.
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Jeffrey Segal and Albert Cover (1989):
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Conducted an empirical study that found that justices voted in accordance with the political ideology of those who appointed them more than 60 percent of the time.
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Original-Intent Theory:
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A theory that determines the constitutionality of a law by ascertaining the intentions of the Framers of the Constitution.
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Plain-Meaning of the Text:
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A theory that determines the constitutionality of a law in light of what the words of the Constitution obviously seem to say.
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Living-Constitution Theory:
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A theory that determines constitutionality by placing the meaning of the Constitution in the context of the total history of the United States.
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Constitutional Amendment:
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Politicians to can amend the Constitution to get around a Supreme Court decision.
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Statutory Revision:
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In cases where the court has only made a statutory ruling, Congress can reverse a decision of the Supreme Court by passing a clarifying law.
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Nonimplementation:
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Sometimes politicians try to get around decisions made by the Supreme Court by simply ignoring them.
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Civil Liberties:
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the fundamental freedoms that together preserve the rights of a free people.
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Charles Pinckney,
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a leading anti-Federalist from South Carolina, was the first to suggest that the Constitution protect freedom of speech.
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Bill of Rights:
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First 10 Amendments to the Constitution; provide many of our basic civil liberties.
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Barron v. Baltimore (1853):
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A case where Chief Justice John Marshall asserted that the 5th Amendment did not apply to state governments.
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Dred Scott v. Sandford (1857):
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Chief Justice Roger Taney argued that the Fifth Amendment applied to the state governments.
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The Civil Rights Amendments:
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The Thirteenth (13th), Fourteenth (14th), and Fifteenth (15th) Amendments, which abolished slavery, redefined civil rights and liberties, and guaranteed the right to vote to all American citizens.
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Due Process Clause:
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Clause found in the Fifth and Fourteenth Amendment to the Constitution; forbids deprivation of life, liberty or property without the process of law.
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Fourteenth Amendment:
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“No State shall…deprive any person of life, liberty, or property, without due process of law.”
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Robert McCloskey (2000):
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Argued that the Supreme Court did not apply the Due Process and Equal Protection Clauses to the entire Bill of Rights in one decision because they feared an “unmanageable enforcement” problem.
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Selective Incorporation:
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The case-by-case process through which the Supreme Court applies the Bill of Rights to the states by invoking the due process clause of the Fourteenth Amendment.
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Second Amendment:
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“The right of the people to keep and bear arms shall not be infringed.”
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McDonald v. City of Chicago (2010):
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The Supreme Court ruled that the 2nd Amendment applies to the states.
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The Seventh Amendment,
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which guarantees federal citizens a right to a jury trial—is now the only section of the Bill of Rights that has not been incorporated and applied to the states.
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First Amendment:
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“Congress shall make no law…abridging the freedom of speech, or of the press; or of the right of the people to peaceably assemble…”
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James Madison:
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Argued that freedom of speech, press and assembly were important in the U.S. to avoid tyranny of the majority.
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Tyranny of the Majority:
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The suppression of minority viewpoints and opinions by those voted into power by the majority.
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Schenck v. United States (1919):
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The first major Supreme Court case dealing with freedom of speech; Schenck was convicted of violating the Espionage Act of 1917. The Court argued that Schenck’s behavior presented a “clear and present danger.”
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Clear and Present Danger Doctrine:
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The principle that people should have free speech unless their language endangers the nation.
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Chaplinsky v. New Hampshire (1942):
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The Supreme Court upheld the conviction of Walter Chaplinsky for calling a policeman a “God damned racketeer and…fascist.” The case was the first to use the Fighting Words Doctrine.
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The Fighting Words Doctrine:
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The principle, endorsed by the Supreme Court in Chaplinsky, that some words constitute violent acts and are therefore not protected under the First Amendment.
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Dennis v. United States (1951):
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The Supreme Court upheld the convictions of 11 members of the Communist Party who had given speeches advocating the overthrow of the U.S. government. In upholding these convictions, the Court developed the balancing doctrine.
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The Balancing Doctrine:
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The principle enunciated by the Supreme Court that freedom of speech must be balanced against other competing public interests at stake in particular circumstances.
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Justice Harlan Stone:
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Argued in a 1938 Supreme Court opinion that some freedoms have a “preferred position” in the U.S. Constitution.
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The Fundamental Freedoms Doctrine:
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The judicial doctrine that laws impinging on the freedoms that are fundamental to the preservation of democratic practice—speech, press, assembly, and religion- are to be scrutinized by the courts more closely than other legislation.
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Texas v. Johnson (1989):
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The Supreme Court ruled that flag burning was “expressive conduct” protected under the First Amendment.
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Prior Restraint Doctrine:
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The legal doctrine that gives individuals the right to publish without prior restraint—submitting materials to government censors.
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The John Peter Zenger Trial (1734):
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A jury in a New York state court found that Zenger had the right to “expose” and “oppose” government officials by publishing the truth.
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Near v. Minnesota (1931):
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The Supreme Court ruled that a Minnesota law against “malicious, scandalous and defamatory” material was unconstitutional.
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New York Times v. United States (1971):
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The Supreme Court ruled that the Nixon administration could not block publication of the “Pentagon Papers;” also said that prior restraint was permissible in extreme cases of national security.
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Morse v. Frederick (2007):
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The Supreme Court ruled that the First Amendment does not prevent schools from suppressing speech that they deem disruptive.
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Commercial Speech:
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Advertising or other speech made for business purposes may be regulated.
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Obscenity:
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Publicly offensive language or portrayals with no redeeming social value may be regulated.
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Libel:
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A false statement defaming another is not protected by the First Amendment.
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Thomas Jefferson:
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Argued that there should be an inviolable wall between Church and State.
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The Establishment Clause:
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Denies the government the power to establish any single religious practice as superior.
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The Free Exercise Clause:
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Protects the rights of individuals to practice their religions.
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Separation of Church and State Doctrine:
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Principle that a wall should separate the government from religious activity.
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Lemon v. Kurtzman (1971):
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Supreme Court ruling that struck down a Pennsylvania Law that reimbursed religious schools for the salaries of their teachers.
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The Lemon Test:
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A test developed by Justice Warren Burger that required all laws to have (a) clear secular purpose; (b) to not advance or inhibit religion; (c) and prohibit the entanglement of public officials with religious institutions.
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Agostoni v. Felton (1997):
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The Supreme Court relaxed standards set by the Lemon Test and ruled that public school teachers can provide specialized instruction in religious schools.
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Wisconsin v. Yoder (1972):
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The Supreme Court Ruled that, in order to protect their distinct religious identities. the state of Wisconsin could not compel Amish children to go to school past the 8th grade.
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Church of Lukumi Bablu Aye v. City of Hialeah (1993):
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The Supreme Court ruled that a Florida law against animal sacrifices prevented the free exercise of the Santeria religion.
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Oregon v. Smith (1990):
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The Supreme Court ruled that an Oregon law that prohibited the use of peyote did not violate the free exercise of members of a Native American church.
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Fifth Amendment:
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“Nor shall [any person] be compelled in any criminal case to be a witness against himself.”
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Miranda v. Arizona (1966):
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The Supreme Court ruled that police officers must inform suspects of their constitutional rights before arresting them.
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Harris v. New York (1971):
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The Supreme Court ruled that information gathered in violation of the Miranda rule is admissible if a defendants choose to testify in their own defense.
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New York v. Quarles (1984):
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The Supreme Court determined that evidence gathered in violation of the Miranda rule is admissible if there is a threat to national security.
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Fifth Amendment:
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“Nor shall any person be subject for the same offence to be twice put in jeopardy of life and liberty.”
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Double Jeopardy:
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Fifth Amendment Provision that prohibits prosecution for the same offense twice.
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United States v. Jack McCall (1877):
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A federal court ruled that McCall could be tried twice for the murder of “Wild Bill” Hickok in the Dakota Territory because his first trial took place in an “illegal settlement.”
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Benton v. Maryland (1969):
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The Supreme Court ruling that said that the protections of the Fifth Amendment applies to state courts.
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Article I, U.S. Constitution:
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“The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public safety may require it.”
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Writ of Habeas Corpus:
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A judicial order that a prisoner be brought before a judge to determine the legality of his or her imprisonment.
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Hamdi v. Rumsfeld (2004):
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The Supreme Court ruled that terrorism suspects who are U.S. citizens have the right to the the writ of habeas corpus.
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Boumediene v. Bush (2008):
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Terrorism suspects held under military tribunals have habeas corpus rights even if they are not citizens.
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Ninth Amendment:
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“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
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Griswold v. Connecticut (1965):
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A Supreme Court ruling that declared contraceptives legal by overturning a $100.00 fine levied against Estelle Griswold for using contraception.
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Justice William Douglas:
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Described Griswold’s right to privacy as located in the 9th Amendment.
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Roe v. Wade (1973):
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Supreme Court used the right to privacy to legalize abortion rights.
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Civil rights:
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Specific laws that embody the general right to equal treatment under the law.
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Equal Protection Clause:
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The specific clause in the 14th Amendment that says no state can deny any of its people equal protection under the law.
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Black Codes:
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Restrictive laws passed in some southern states after the Civil War, that applied to newly freed slaves but not to whites.
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Civil Rights Act of 1866:
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A law passed by Congress that gave citizens of “every race and color…the same right…to full and equal benefit of all laws.”
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Fourteenth Amendment (1868):
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Gave all persons born in the U.S. citizenship and equal treatment under the law.
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Reconstruction:
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A period after the civil war where the Radical Republicans enforced laws like the Civil Rights Act and the Civil Rights Amendments in the South through the presence of the U.S. Army.
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Klu Klux Klan:
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A terrorist organization committed to white supremacy that formed after the Civil War to end the Reconstruction.
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Hayes-Tilden Compromise:
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A compromise struck between Republicans and Democrats in 1876 that ended Reconstruction.
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Jim Crow Laws:
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Laws passed during the Counter-Reconstruction that attempted to restore the racial caste system through segregation and the stripping away of black voting rights.
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The Civil Rights Cases (1875):
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The Supreme Court made segregated businesses legal by overturning the Civil Rights Act of 1875.
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State Action Doctrine:
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The view that only the actions of state and local governments, not those of private individuals, must conform to the equal protection clause of the 14th Amendment.
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Plessy v. Ferguson (1896):
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Supreme Court ruling that allowed local and state governments to pass and enforce segregation laws.
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Separate but Equal Doctrine:
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A Supreme Court rule that segregation does not violate the Equal Protection Clause of the 14th Amendment as long as segregated facilities are equal.
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NAACP:
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Civil Rights Organization founded in 1909, that relied heavily on a legal strategy to renew the protections of the 14th Amendment.
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Smith v. Allwright (1944):
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Supreme Court ruling that overturned the white primaries in the South by saying that political parties are public entities.
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Shelley v. Kraemer (1948):
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The Supreme Court rules that racially restrictive covenants are illegal because contracts require state action to be enforceable.
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Brown v. Board of Education (1954):
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Supreme Court ruled that segregation in public schools is unconstitutional because separate is inherently unequal for black children.
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Civil Disobedience:
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A peaceful well-publicized violation of the law to dramatize that law’s injustice.
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Civil Rights Act (1964):
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A law passed by Congress that bans segregation and discrimination in all its forms in American life.
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Voting Rights Act (1965):
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A law passed by Congress that protected the voting rights of African-Americans and other minorities.
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Milliken v. Bradley (1974):
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A Supreme Court ruling that said that state and local governments had no obligation to integrate public schools that came about as a result of de facto segregation.
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De Facto Segregation:
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Segregation that occurs as a result of the decisions of private individuals.
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De Jure Segregation:
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Racial segregation that is legally sanctioned by governments.
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19th Amendment (1920):
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Gave women the right to vote in federal and state elections.
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Title VII of the Civil Rights Act (1964):
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An Amendment to the Civil Rights Act that prohibited discri-mination on the basis of gender.
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Rep. Howard Smith (D-VA):
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Inserted Title VII into the Civil Rights Act in an attempt to kill the bill. (title VII of civil rights act)
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Equal Rights Amendment:
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Proposed Amendment to the Constitution that banned gender discrimination; the campaign for passage of the ERA failed three states (35 out of 38 needed) short of ratification.
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Hoyt v. Florida (1961):
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The progressive Warren Court upheld a Florida law that said women were not required to serve on juries.
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Craig v. Boren (1976):
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The Burger Court enunciated the “intermediate scrutiny” test; which held that gender based distinctions are acceptable only when they have a “substantial relationship to an important governmental objective.”
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Mass Media:
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Means of communi-cation that are widely affordable and technologically capable of reaching a broad audience.
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The Partisan Press (1787-1865):
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The rise of political parties after the founding led to the development of explicitly partisan newspapers; most of these papers also enjoyed government subsidies.
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The Penny Press:
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In the 1830s, Daily newspapers that cost only a penny to buy transformed American journalism; these papers were widespread and less partisan than the newspapers that emerged with the party system.
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Yellow Journalism:
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In the period between 1865 and 1920, the growth of the penny press sparked intense competition between median barons; this competition resulted in a style of news coverage that focused on scandal, sexual themes and violence.
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Joseph Pulitzer:
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The owner of the New York World and founder of the Pulitzer Prize was a leading practitioner of yellow journalism.
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Radio Act of 1927:
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Created the Federal Communications Commission (FCC) to provide licenses to radio and television frequencies; these licenses were open to a wide variety of investors.
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The Equal-Time Rule:
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An FCC rule that required any station that gave or sold time to a legally qualified political candidate for public office to make equal time to all such candidates on equal terms.
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The Fairness Doctrine:
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An FCC regulation, enforced between 1947 and 1987, that required stations to air contrasting viewpoints on matters of public importance and to give public figures a free opportunity to respond to criticisms that had aired on a station’s programs.
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New Media:
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Cable and Satellite TV, fax, email, and the internet—the media that have grown out of the technological advances of the past few decades.
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Agenda Setting:
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The media affect the issues and problems that people think about, even if the media do not determine what positions people adopt.
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The CNN Effect:
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Purported ability of TV to raise a foreign tragedy to national prom-inence by broadcasting vivid pictures.
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Priming:
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The media affect the standards people use to evaluate political figures or the severity of problems.
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Framing:
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The way in which opinions about an issue can be altered by emphasizing or de-emphasizing particular facets of that issue.
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Selection Bias:
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Guidelines according to which stories with certain characteristics are chosen over stories without those characteristics.
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Professional Bias:
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The fact that most reporters are generalists, who lack detailed knowledge about the topics they cover, generates bias.
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Ideological Bias:
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The tendency to favor certain politicians or parties over others.
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