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57 Cards in this Set
- Front
- Back
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Dred Scott v. Sandford Why was this case important |
Highlight Judicial Review
Supreme court ruled that states could not be prevented from allowing slavery
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Plessy V. Ferguson |
Supreme court validated the practices of the Jim Crow law in the Plessy v Ferguson in establishing the Separate but equal doctrine. Officially permitting segregation as long as blacks had equal facilities. Other cases Thurgood Marshall (U of Maryland) Supreme court case (Missouri) Texas 1950
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Brown v. Board of Education |
14th amendment was a landmark case
1951 arrived on the docket
Postponed until after 1952 elections
Reargued in December 1953
Court ruled “In the field of public education, the doctrine of separate but equal has no place. Segregated facilities may generate in blk children a feeling of inferiority that may affect their hearts and minds in a way unlikely ever to be done
Case was Significant because…..
It required all public schools in the United States to desegregate
Use the equal protection clause of the 14th Amendment
Provided a boost to the civil rights movement
1955
Addressed the implementation of desegregation and required the states to “desegregate with all deliberate speed”
Supreme Court became frustrated after 8 years and no change
1971 the court shifted its focus from de jure segregation to de facto segregation and approved school busing as a tool to integrate schools
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Jim Crow era/Laws |
Enacted after the southern states Reconstruction ended in 1877
Jim Crow laws forbade interracial marriage and mandated the complete separation of the races in neighborhoods, hotels, apartments, hospitals, schools, restrooms, drinking fountains, restaurants, elevators, and even cemetery plots. Couldn’t separate on public transportation so blks had to sit on the back of the bus or in separate cars on the train.
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Definition of Stare Decisis |
basic legal factor
Also known as precedent
Legal principle of determining points in litigation according to precedent
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Difference between Veto and Pocket Veto? And how to override one of them |
Veto - presidents rejection of a bill that has been passed by Congress. A veto can be overridden by a 2/3 vote in both the House and Senate Sends it back to the chamber where it originated with a statement of objections
The bill dies if it is not overridden
Must veto it in 10 days (if congress is in session) or it becomes law
If congress is not in session, the measure dies through what is known as a Pocket Veto
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What articles are the branches in??? |
Article one contains the Legislative
Article two contains the Executive
Article three contains the Judicial |
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What are the Presidents 5 expressed powers? |
1. Executive powers 2. appointments 3. legislative power 4. treating making power 5. commander in chief |
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What is the difference between expressed powers, delegated powers, and implied powers? |
Expressed powers are mentioned in the Constitution
Delegated powers are received depending on the time of life
Implied powers are those which can reasonably be assumed to flow from expressed powers
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The importance of Opinion Writing |
A judgment of the Supreme Court (in favor of or against the appellant) is expressed in the opinion. In this way, a law can be declared either constitutional or unconstitutional, a person or entity can be given legal relief or allow a judgment against him/it to remain. As in most political and judicial bodies that operate under the Constitution and Robert's Rules of Order, the majority opinion is the deciding opinion.
Chief Justice assigns cases for the each Justic to write a majority opinion for the Court
After opinions are assigned the Justices work on writing a draft opinon
They are circulated to other justices for comment and reactions
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Strict construction vs. living constitution |
Strict construction – a way of interpreting the Constitution based on its language alone. Sometimes called textualist position Living constitution – a way of interpreting the constitution that takes into account evolving national attitudes and circumstances rather than text alone |
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The steps leading up to taking a case all the way to the Supreme Court |
Lower courts first
Party may petition that the Supreme Court hears the case
Received through petitions for certiorari
If approved court date is set
Oral arguments begin
Then court will deliberate on the matter
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The Founders |
John Adams Benjamin Franklin Thomas Jefferson John Jay George Washington Alexander Hamilton James Madison |
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What did Abraham Lincoln issue and suspend |
issued the Emancipation Proclamation
Temporarily suspended the writ of habeas corpus during the civil war
allowed the government to imprison people without filing charges against them |
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Habeas Corpus |
is a writ that is used to bring a party who has been criminally convicted in state court into federal court. |
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Define Constitutional Authority |
Powers derived from laws enacted by Congress that add to the powers given to the president in the Constitution |
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Define Statutory Authority |
Comes from laws from Congress that give the president additional responsibilities |
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Head of Executive Branch falls under what article? |
Article II |
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Congressional challenges to presidential authority are ______ used and are generally _______ at constraining presidential power. |
Rarely; unsuccessful |
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Who picks appointments? |
President |
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How can the president dodge the need for Senate approval? |
By making a recess appointment |
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What are recess appointment? |
Are proclamations made by the president that change government policy without congressional approval |
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Commander in Chief |
The Constitution makes the president commander in chief of Americas military forces but gives Congress the power to declare war |
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War Powers Resolution Enacted? what did it do? How long does the president have to go to war? |
Enacted in 1973
it expanded congress powers
President has 60 days to go to war |
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Describe what is First-mover advantage |
The presidents power to initiate treaty negotiations over congress |
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Legislative Power What article is it under? Describe? |
Under article 1
president can recommend policies to Congress |
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Why is it not a good idea to go public? |
Because it energies the opponent |
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Who does the president appoint EOP positions to? |
to ppl who will be loyal |
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The Vice President have ____ duties and have been _________ in their role. |
limited; influential |
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The american public wants the president to be more _______ and less _________? |
consistent; politically savvy |
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Presidents approval usually _________ during national crisis and ________ over time |
spikes;decreases |
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When does unilateral action occur? What president used it? |
usually at the end of a presidents term
Supporters of the Bush admin responded with it |
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Define Signing Statement |
A document issued by the president when signing a bill into law explaining his interpretation of the law, which often differs from the interpretation of Congress, in an attempt to influence how the law will be implemented |
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Define Regulations |
Govt rule that affects the choices that individuals or corporations make by restricting certain behaviors |
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What is one of the reasons why bureaucrats know they have pressure from the Members of Congress |
Because they need congressional support to get larger budgets and more important tasks for their agency and to prevent budget cuts |
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Principal-agent game
Who is the principal
Who is the agent |
president and Congress are principals
Bureaucrats are agents |
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Define Regulatory Capture |
occurs when bureaucrats cater to a small group of individuals or corporations regardless of the impact of these actions on public welfare |
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Progressive Era
What happened during it?
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Most significant
increased government power |
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1883 Pendleton Civil Services Act
What did it create? describe it?
What did it end?
less power to who? |
Created the federal civil service
federal civil service was a merit system and hiring and promoting bureaucrats would be based on it
ended the spoils system
less power to party organizers
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During the George W. Bush admin what did the size of the govt do? |
increased |
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What office is in charge of creating the presidents annual budget |
Office of Management and Budget |
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Independent agencies had _____ freedom; and ________ by the president |
more;controlled |
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Police patrols one perk one downfall |
perk - Congress regularly check up on each agency responsive downfall - costly |
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Define Bureaucratic drift |
When bureaucrats do their own goals |
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Giving direct orders to bureaucrats _________ the influence of their policy expertise and _________ the potential for incrementalism |
limits;reduces |
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Describe Judicial Review |
Would give the Supreme Court the power to strike down laws passed by Congress that violated the Constitution Become the central part of the system of checks and balances
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Judiciary Act of 1789
Describe? What article its under? |
Outlined the details and the system of lower federal courts and Supreme Courts Article III
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What did the case of Marbury v Madison give the Supreme Court |
Gave the Supreme court power of the judicial review |
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Describe the Supremacy Clause |
Requires that the Constitution and national laws take precedence over state constitutions and state laws when they conflict Judiciary Act of 1789 made it clear that the Supreme Court would rule on these matters
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Difference between defendant and plaintiff |
Defendant is a person or party who is being sued or charged with a crime
plaintiff brings the case |
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The importance of Precedent |
Previously decided case or set of decisions that serves as a guide for future cases on the same topic Lower courts are bound by Supreme Court
Not a rule that the courts must follow but a norm that constrains its behavior
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Differences between civil and criminal laws/cases |
Civil Case The plaintiff sues to determine who is right or wrong and to gain something of value
Criminal Case The plaintiff is the govt and the prosecutor attempts to prove the guilt of the defendant
Civil case Plaintiff and defendant agree on a value
Criminal case Defendant may agree to plead guilty in exchange for receiving a shorter sentence or being charged with a lesser crime
Civil Cases The jury has to determine whether the “preponderance of evidence” proves that the plaintiff wins The burden of proof is on the plaintiff or on the defendant depending on the law that governs the case The plaintiff may have to prove certain points and the defendant other points
Criminal Case A stiff burden must be met beyond all reasonable doubt The burden of proof is “innocent until proven guilty
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Define Standing |
When one has suffered direct and personal harm from the action addressed in the case |
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Define Common law |
Means that legal decisions build from precedent established in previous cases and apply commonly throughout the jurisdiction of the court Only in 49 states Describes how judges make their decisions and encompasses 3 main areas of American law. Constitutional, Statutory, or Administrative |
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How are judges selected? Who selects them? and with whoms advice |
The president makes the appoinments with the advice and consent of the senate |
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Define Mootness |
means that the controversy must still be relevant when the court hears the case |
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Who uses cert pool and why? |
Supreme court manages the influx of petitions for certiorari to the court Chief justice has an important agenda-setting power |
