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52 Cards in this Set

  • Front
  • Back

Incorporation

The Court declares a civil liberty from the Bill of Rights to be protected against state government abuse through the Due Process Clause of the 14th Amendment

Unenumerated Constitutional Rights

Rights that are said to be implied by the Constitution but that are not actually mentioned in it. This derives from the 14th Amendment

Liberals

They are more likely to think the Establishment Clause is designed to reduce or eliminate the role of religion in government affairs together. This view is often expressed as the idea that the Constitution requires a strict "separation of Church and State."

Content- based restrictions

Government Law or actionthat restricts the freedom of expression because of disapproval of the contentof the message being expressed

Does the 2nd Amendment protect a right for individuals to own firearms for self-defense? Or does it only instead protect the right for persons to own guns for purposes of serving in a "well-regulated militia"

Protect the right for individuals to own firearms for self-defense.

Has the U.S. Supreme Court incorporated the Second Amendment under theDue Process Clause of the 14th Amendment?
Yes, this opened the door for the Supreme Court andother federal courts to begin deciding whether state and local gun control lawsviolate the constitutional right of individuals to own and carry firearms.
What is the exclusionary rule?What is its purpose? Why are a growing number of constitutional scholars,lawyers and judges questioning its wisdom?
a. Rule that if government acquires evidence through unconstitutional methods, then the evidence may not be admitted to court. Supreme Court established this rule for searches and seizures conducts by the federal government. A growing number of constitutional scholars, lawyers, and judges are questioning the wisdom of automatically excluding evidence from trial simply because police may have failed to strictly follow 4th Amendment standards.
What does it mean to read someone their “Miranda Rights” or issue“Miranda warnings”? In what Supreme Court case was it established that if these rights or warnings are notread/issued at the time of arrest, statements made by a suspect may not be used against him or her at trial?
It is the practice of police “reading them theirrights” at the time of arrest. This originated in the 1966 Supreme Court casecalled Miranda v. Arizona. In that case, the overturned conviction of a mannamed Ernesto Miranda, who was found guilty of kidnapping and rape based on awritten confession he had signed after being arrest and interrogated, butwithout being notified of his right to remainsilent or to an attorney.
If someone goes a full year after being charged with a crime beforehaving a trial, would this necessarily result in charges being dropped onaccount of the person being deprived of a speedy trial?
Yes, this is known as “speedy”.
According to the Supreme Court, what exactly isrequired by the 6th Amendment command that criminal trials must beby an “impartial jury”?
-Juries are only required for charges carrying either the deathpenalty or a maximum sentence of more than six months.

-Juries must not be biased against defendants, determining what isrequired to assure an unbiased/impartial jury


-Pool of potential jurors must be drawn randomly from the populationso that they closely resemble the community from which they are drawn

The 6th Amendment provides six separate rights, all of which pertain to what?

Defendants in criminal trials

According to the U.S. Supreme Court, what part of the U.S. Constitution is violated if state or local governments deprive same sex couples of the right to marry?

Due Process Clause

Civil Liberties

Legal rights designed to protect individuals from abuse of power by government

Which kind is only prohibited by laws passed by legislatures of regulatory agencies? Public Discrimination or Private discrimination?

Private Discrimination

In 1896, in Plessy v. Ferguson,the Supreme Court established the doctrine of separate but equal. What was thisdoctrine?

Separate but equal (all the above)

How were the following tactics used to keep African Americans fromvoting during the Jim Crow period: literacy tests, poll taxes, and the whiteprimary? All of these barriers have been removed.

Blacks who were not due to having ancestors that were black, were required to take literacy tests. They were high-level constitutional tests. Poll taxes were fees for the privilege of voting.

What role did white supremacist terror organizations, such as the KuKlux Klan, play in perpetuating the Jim Crow system?
Any African American so foolish as to stray from her place faced a high likelihood of a violent visit from the Ku Klux Klan, which had been formed during Reconstruction as a secret society dedicated to the intimidation of blacks. This intimidation often took the form of murder, with lynching as the preferred mode of execution. African Americans, especially in the South, were virtually without hope.
In what case did the U.S. Supreme Court declare that the doctrine of“separate but equal” has no place in public education?
Brown Vs Board of Education
What kind of discrimination did Title II of the Civil Rights Act of 1964seek to outlaw?
Title II, prohibitedracial discrimination in “places of public accommodations” thataffected interstate commerce, including restaurants, stadiums, theaters, andmotels or hotels with more than five rooms.
What is the differencebetween de jure segregation and de facto segregation?

De jure is segregation as provided bythe law. De facto is segregation in fact indespite not mandated by the law.

What is meant by affirmative action?

The policies by which federal agencies move to remedy past discrimination through the use of goals, quotas, timetables, and the like are examples of affirmative action
What impact did the VotingRights Act of 1965 have on African American registration and voting?
The effect of the Voting Rights Act was dramatic.Black registration and voting increased substantially. By the mid-1970s, blackswere voting in numbers that approached those of whites, and several thousandAfrican Americans had been elected to state and local office.
What was the proposed Equal Rights Amendment?
Section 1. Equality of rights under the law shall not bedenied or abridged by the United States or by any State on account of sex.

Section 2. The Congress shall have the power toenforce, by appropriate legislation, the provisions of this article.


Section 3. This amendment shall take effect two yearsafter the date of ratification.

What happened to the Equal Rights Amendment?

It totally failed. Although Congress extended the period for ratification until 1982, theamendment ultimately failed to win approval by the requisite number of states.
What was the “don’t ask, don’t tell” policy with respect to gay men andlesbians in the military?
In the early 1990s, one of the most controversialquestions involving gay rights was the policy banning homosexuals from servingin the military. Should a person be disqualified from military service merelybecause of homosexual orientation, as distinct from homosexual acts? Themilitary justified the ban as necessary to maintain discipline, morale, andgood order in the armed forces.

Which President ended the "don't ask, don't tell" policy?

President Obama

Is voter turnout in the U.S. generally higher in theU.S. compared to other countries or is it lower?

Lower

Is the voter turnout rate about the same today as it was in 1960 or has it changed? No If it’s changed, has it increased or declined?

Declined

The highly educated (compared to those with low educationlevels)

highly educated vote more

What, according to the textbook, is by "far the greatest barrier to vote"?

Voter Registration

What is the difference between values, beliefs, and attitudes?

Beliefs are less fundamental to individuals thantheir values. Beliefs can best be thought of as propositionsabout what is true or false.

What is political socialization?

Political socialization is the process by which people learn about theirpolitical world. Through this process, individuals develop patternsof attitudes and beliefs, which help shape the way they view thepolitical world.

Who or what are the different factors that influence political socialization?

the family, the school, and one’s peer groups.

What does it mean to say someone has "low political efficacy"?

When individuals feel that the system “does not listen to people likeme” or that “people like me cannot make a difference,”
Make sure to know and understand the definitionsand significance of these terms: nonresponse bias, random sample,double-barreled question, and priming.
o Nonresponse bias: A problem that can occur when conducting a survey. A non-response bias occurs when the respondents (people who take the survey) are meaningfully different than those who decline to answer the survey.

o Random Sample: one in which every member of the sampling frame has an equal chance of being selected.


o Double-barreled question: a fallacy that occurs when the surveyor asks respondents a question that deal with more than one issue. This leads to answers that are ambiguous and not valid.


o Priming: a potential problem in surveys in which a previous question can influence the response to a future question.

Whatis a partisan realignment?
A realignment suggests that an important change has taken place in thepolitical culture and signals that the country is embarking on a new directionin public policy.
Howdid the issue of slavery factor into the demise of the Whig Party, the loss ofmajority-party status by Democrats, and the rise of the Republican Party?
Republicans did not likeslavery before they revamped themselves
Whatled to the development of the Democratic Party as a majority party in the 1930s
Roosevelt’s appeal to the coalition was so strong that he was reelectedto office in 1936, 1940, and 1944.
Whydid the civil rights movement present a long-lasting challenge to theDemocratic Party’s coalition that originally emerged in the 1930s?
The civil rights movementand its challenge to what was perhaps the strongest base of the Democraticparty, southern voters, increased the tension between the national and thestate and local elements of the party
Whydo we only have two major parties?
The major reason for the two-party system has to do withthe winner-take-all electoral system for president andCongress.

What are third parties?

0 third party candidates have won

What are recent examples of proto-parties?

Tea Party

Interest Groups

an association of individuals or organizations that seeks to influence government to benefit members of the association or advance a cause they share a belief in.

Pluralism

Model of American politics that says government is influenced by the efforts of multiple minority organized groups with opposing interests and values.

Howdoes pluralism differ from majoritarianism, elite theory, and biased pluralism?
Majoritarianism expects government to be highly responsive to the will of the majority. Elite theory says that the tiny group of connected of wealthy America ns are the real rulers of America. Biased pluralism sees the process as plural but biased towards the particular values and interests that concern and divide the relatively affluent and well educated.
Whatis meant by hyperpluralism?
It is a condition in which the prevalence of group demands makes it impossible for government to plan, deal with long-term problems, and make policies that further the public interest.

Business Interest:

Large corporations, such as General Motors,AT&T, and IBM, have many strategies for attempting to influence publicpolicy that may have an effect on their interests. Hiring a lobbying firmor creating a political action office within the company is the most expensivestrategy, but it also allows the firm to make individual decisions on thepolitical issues most crucial to its interests. Among the oldest businessgroups in the United States is the Chamber of Commerce.

What is Lobbying?

any action taken by an interest group to let the government know how the members of a group feel about proposed or existing regulations or legislation.
Whatis an amicus curiae brief?
Literally meaning “friend of the court,” an amicus briefis filed by a person or group that is not a direct party to a case but wants toinform the court of its views on how the case should be decided
What is an iron-triangle?
An iron triangle is a three-way relationship involvinga legislative committee (or subcommittee), an executive agency, and an interest group
Whichmodel, according to the textbook, is the more accurate account of how interestgroups influence government today?
Today, the issue network may be a more realistic modelof interest group influence in most policy areas
Due to a 1993 Supreme Court decision, when alleging sexual harassment in the workplace, employees must show that …
a reasonable person would find their work environment to be “hostile or abusive.”