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145 Cards in this Set
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Political Science |
"above all, the study of power: how it is created, exercised, justified, and challenged"-congressional quarterly "the study of governments, public policies, and political processes, systems, and political behaviors" |
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Politics: The Master Science |
the highest master science...the science of politics.... its end with include the ends of others, and will therefore be the human good" -Aristotle |
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Politcal Thinking |
critical thinking focused on deciding what can reasonably be believed requires us to engage at different levels of sophistication and frequency |
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Barriers to Political Thinking |
* Unwillingness of citizens- to make the effort to self-inform (#1) * Changes in media consumption-more people consume biased cable television an internet blogs - the "worst-informed Americans" * "Spin" by political leasers and governments entities * Research shows that faulty perceptions are becoming more prevalent |
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Political Culture |
The widely shared and deep-seated beliefs of [a country's] people about politics defines the relationship between citizens and government, as well as the obligations of responsible citizens |
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Allegiance to a common set of ideals |
"The civic religion" link Americans together, rather than a shared ancestry |
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The importance of Political Culture in America |
The principles of order, balance of powers, true liberty, and sincere and deep respect for law, are indispensable for all republics.....where they are not found the republic will soon ceased to exist" |
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Educated Citizen's Responsibilities |
1. Pursue Learning 2. Serve the public 3. Uphold the law |
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Core political Values |
1. Liberty 2. Individualism 3. Equity 4. Self- Government |
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Liberty |
The idea that individuals should be free to act and think as they choose, provided they do not infringe unreasonably on the freedom and well-being of others not without restriction |
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Individualism |
a commitment to person initiative and self-sufficiency *the individual is paramount; government is secondary *government's role is to serve the people(not necessarily provide for them) *Tocqueville: the chief aim of Americans is to "remain their own masters" |
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Equility |
The notion that all individuals are equal in their moral worth and thereby entitled to equal treatment under the law *perplexing ideal in the early years of the nation: some were free while others were enslaved: women were not always seen as equals *differing opinions on the meaning of equality persist |
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Self-Government |
The people are the ultimate source of governing authority and should have a voice in their governing *colonial americans had substantial self-determination *declaration of independence: "government derive their just powers from the consent of the governed" *U.S. constitution "we the People" |
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Politics |
the means by which society settles its conflicts and allocates the resulting benefits and costs |
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Power |
the ability of persons, groups, or institutions to influence political developments |
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Civics |
the art of being a pro-social, problem-solving contributor in a self-governing community; the art of citizenship |
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Civics encompasses three things |
1. a foundation of values 2. an understanding of the systems that make the world go round 3. a set of skills that allow you to pursue goals and to have others join in that pursuit |
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Democratic System |
a system in which the people govern, by direct or representative means in practice, majority rule through the free and open election of representatives Majoritarianism Pluralism Authority |
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Majoritarianism |
the majority effectively determines what government does |
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Pluralism |
a theory...that holds that society's interests are substantially represented through the activities of groups |
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Authority |
the recognized right of officials to exercise power |
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Constitutional System |
Elaborate checks and balances Separation of powers Constitutionalism Legal action |
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Constitutionalism |
the idea that there are lawful restrictions on government's power |
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Legal Action |
the use of the courts as a means of asserting rights and interests |
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Free-Market System |
an economic system based on the idea that government should interfere with economic transactions as little as possible contrast to communism and socialism |
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Communism |
the government owns most of all major industries and also takes responsibility for overall management of the economy |
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Socialism |
government does not attempt to manage the overall economy, but owns a number of major industries and guarantees every individual a minimal standard of living |
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The free-market system |
the united states operates under a regulated free-market economy allows for upward social mobility but also downward social mobility allows for enormous concentrations of wealth and power Corporate power elitism |
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Corporate Power |
the influence that firms have over policymakers |
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Elitism |
the notion that wealthy and well-connected individuals exercise power over certain areas of public policy |
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Widespread sharing of power |
one of the defining characteristics of American politics |
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Limited Government |
a government that is subject to strict limits on its lawful uses of power and, hence, on its ability to deprive people of their liberty |
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Representative Government |
a government in which the people govern through the selection of their representatives |
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Colonists were familiar with limited government and democratic institutions |
English parliament as a check (restriction) on absolute monarchy Colonial charters had provisions for limited government and elected assemblies English Bill of Rights |
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Britain taxed the colonies and refused to accept colonial representation in parliament |
Stamp Act-tax on colonial newspapers, legal documents, and playing cards Townshend Act- tax on all paper, glass and tae sold in the colonies Tea Act- led to Boston Tea Part |
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First Continental Congress |
no taxation without representation |
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The Declaration of Independence |
Philosophy of John Locke inalienable rights social contract |
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inalienable rights |
(natural rights) life, liberty, and property |
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Social Contract |
a voluntary agreement by individuals to form a government that is then obligated to work within the confines of that agreement |
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Locke's conception of the social contract advanced from three basic premises |
State of nature Property Security |
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Daniel Shays |
Daniel Shays led farms fomented armed rebellion to prevent foreclosures on their land-congress was unable to raise an army to quell the rebellion Social and economic tensions raised fears about the weakness of the national government |
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Negotiating toward a Constitution |
Virginia Plan New Jersey Great Compromise |
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Virginia Plan |
(large state plan) representation based on population number greater power to larger states |
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New Jersey Plan |
(Small state plan) Each state would have one vote equal power to large and small states |
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Great Compromise |
(Connecticut plan) house of representatives: proportional representation Senate: equal representation |
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The Three-Fifth Compromise |
slavery and trade congress agreed not to tax exports, only imports congress agreed not to outlaw slavery (until 1808)- slavery not outlawed until 1865 Three fifths compromise: three-fifths of enslaved population counted for apportionment of taxes and political representation |
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Who is Sovereign in Articles of Confederation |
States |
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What law is supreme in Articles of Confederation |
State Law |
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What kid of legislature in Articles of Confederation |
Unicameral; equal votes for all states |
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How are laws passed in Articles of Confederation |
Two-thirds vote to pass important measures |
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What powers are given to congress in Articles of Confederation |
No congressional power to levy taxes, regulate commerce |
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What kind of executive is there in Articles of Confederation |
no executive; laws executed by congressional committee |
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What kind of judiciary is there in Articles of Confederation |
No federal court systme |
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What is the amendment process in the Articles of Confederation |
Unanimous approval of states |
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Who is Sovereign in The Constitution |
People |
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What law is supreme in the Constitution |
National Law |
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What kind of legislature in Constitution |
Bicameral; Equal votes in senate representation by population in house |
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How are laws passed in Constitution |
simple majority vote in congress, presidential veto |
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What powers and given to congress in Constitution |
Congressional power to regulate commerce and tax |
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What kind of executive is there in Constitution |
Strong executive (with restrictions) |
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What kind of judiciary is there in Constitution |
Federal Court System |
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What is the amendment process in the Constitution |
Amendment process less difficult |
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Constitutional Principles |
Bicameralism Separations of powers Checks and balances Electoral college Bill of Rights Federalism |
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A strategy for ratification |
constitution submitted directly to the states needed the approval of at least nine states |
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The ratification debate |
Federalists: proponents of the Constitution Federalist Papers- Authors: James Madison, Alexander Hamilton, and John Jay Anti-Federalists: against a strong national government |
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Major Goals of the Framers |
To establish a government strong enough to meet the nation's needs To establish a government that would not threaten the existence of the separate states To establish a government that would not threaten liberty To establish a government based on popular consent |
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Grants of Power |
limiting government "by confining its scope of authority to those powers expressly granted in the constitution" powers granted to the national government; accordingly, powers not granted it are denied it unless they are necessary and proper to the carrying out of the granted powers |
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Denials of Power |
a constitutional means of limiting governmental action by listing those powers that government is expressly prohibited from using powers expressly denied to the national and state governments by the constitution examples: constitution is difficult to amend |
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Check and Balances |
separated institutions sharing power |
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Bill of Rights |
First ten amendments to the Constitution, specify rights of citizens that the national government must respect Limits the power of government |
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Rights protected in the Bill of Rights |
Freedom of Speech Freedom of Assembly Trial by jury of peers, and legal counsel Freedom of Religion |
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Judicial review |
courts determine if governmental institution is acting within its constitutional powers the power of the courts to declare governmental action null and void when it is found to violate the constitution established by Chief Justice John Marshall in Marbury v. Madison (1803( |
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Elections |
the power of the voters to remove officials from office |
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Tyranny of the majority |
the people acting as an irrational mob that tramples on the rights of the majority framers preferred the concept of a republic, where people rule through elected representatives, feared the overbearing power of the majority in a democracy |
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Limited popular rule |
people participate indirectly in the process of government through the election of officials (representatives) |
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Electoral College |
indirect election of president Each state gets set amount of votes 270 needed to win |
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Altering the Constitution: more power to the people |
Jeffersonian democracy-government belongs to all Jacksonian democracy- urged states to award electoral votes to the candidate who winds the state's popular vote The progressives- direct election of senators, elected officials behave as delegates who carry out wishes of the voters |
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Constitutional |
power gained through elections to be exercised in accordance with law and with due respect for individual rights |
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Democratic |
provides for majority influence via elections |
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Republic |
mix of deliberative institutions, each of which moderates the power of the others |
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Three types of systems that apportion government power |
Confederal Unitary Federal |
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Confederal |
States are sovereign National government derives power from the states Examples: articles of confederation, united nations, european union |
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Unitary |
National government is sovereign subnational governments derive power from the national governemnt Examples: great britain, france japan |
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Federal |
national government and states governments are sovereign National government and state goverments divide and/or share power Examples: united states, mexico, germany |
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The argument for federalism |
Sovereignty(authority) divided between national government and states Protects liberty (by checks and balances) moderates the power- by sharing political power strengthens the union- empowers to resist powerful factions promotes more responsible government |
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Contemporary arguments for federalism |
Disperses political power increases political participation improves efficiency encourages policy responsiveness encourages policy innovation |
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National Government Powers: Enumerated powers |
article 1 section 8: 17 powers, including measures for secure defense and stable commerce
*Supremacy clause: "the law of the United States...shall be the supreme law of the land" |
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National Government Powers: Implied powers |
The "necessary and proper" clause (elastic clause) allows the government to make laws in support of enumerated powers |
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State Government Powers |
tenth amendment established reserved powers (known as police powers) Reserved powers: powers not delegated to the national government are reserved for the states |
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Reserved Powers |
Conduct elections and determine voter qualifications Establish local governments Maintain militia (national guard) Provide for public health, safety, and morals Ratify amendments to the U.S. Constitution Regulate intrastate commerce |
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The Struggle of Power |
National view- powers of the national government expand *McCulloch v. Maryland (1819)- clear ruling in favor of national power (via the necessary and proper clause and the supremacy clause) States' rights view- states reclaim the power *Dred Scott v. Scandford (1857)- ruling for states' rights in conflict over legality of slavery |
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Dual Federalism |
a doctrine based on the idea that a precise separation of national power and state power is both possible and desirable |
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Plessy v Ferguson |
infamous "separate but equal" ruling The fourteenth amendment was interpreted to give states much discretion |
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Judicial protection of business |
supreme court restricted national government's attempts to regulate business activities |
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Santa Clara Country v Southern Pacific Railroad Co. |
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National authority prevails when.... |
the supreme court eventually approves the economic and social programs of Franklin Roosevelt's New Deal |
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Contemporary Federalism |
characterized by a long-term expansion of national authority |
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Three major reason for the expansion of national power |
1. The interdependency of American Society: developments in one area affect what happens elsewhere *Cooperative Federalism- national, state, and local policymakers work together to solve policy programs *joint funding, administration, and determination of programs 2. Americans expect government help 3. The federal government's superior taxing capacity |
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Contemporary Federalism |
characterized by a smaller, more recent development |
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Devolution |
the idea that American federalism can be strengthened by a partial shift in power from the federal government to the state and local governments |
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Civil LIberties |
Specific individual rights that are constitutionally protected against infringement by the government The fundamental individual rights of a free society |
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Bill of Rights |
the first ten amendments to the Constitution; a set of right that the federal government is obligated to protect |
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Fourteenth Amendment |
Includes a due process clause that prevents states from abridging individuals rights |
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Selective incorporation |
the use of the fourteenth amendment to apply selected provisions of the Bill of Rights to the States |
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First Amendment gaurentees |
Freedom of religion Freedom of speech, press, assembly, and petition |
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Freedom of Expression |
the right of individual Americans to hold and communicate thoughts of their choosing |
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The Sedition Act (1798) |
included new powers to deport foreigners as well as making it harder for new immigrants to vote |
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The Espionage Act (1917) |
intended to prohibit interference with military operations or recruitment, to prevent insubordination in the military, and to prevent the support of the US enemies during wartime. |
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Schenck v. United States (1919) |
Schenck mail circulars to draftees, suggesting that the draft was a monstrous wrong motivated by the capitalist system. "do not submit to intimidation" but advised only peaceful action upheld the constitutionality of the Espionage Act ruled in united states favor Established the Clear-and-present-danger test upheld the constitutionality of the Espionage Act |
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Gitlow v. New York (1925) |
Gitlow was arrested for distributing copies of a "left-wing manifesto" that called for the establishment of socialism through strikes and class action of any form. ruled in New York favor |
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Brandenburg v Ohio |
leader of KKK convicted for saying revenge might have to be taken for infringing Caucasian rights government cannot punish inflammatory speech unless that speech is directed to inciting, and is likely to incite imminent lawless action imminent lawless action test |
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Imminent lawless action test |
prove that speech is likely to cause a lawless action speech CAN be restricted by the first amendment if it follows two criteria 1. the speech invites imminent lawless action 2. the speech is likely to produce said action |
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Symbolic Speech |
Action for the purpose of expressing a political opinion protected but less completely than verbal speech |
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Cohen v California |
Cohen arrested for wearing a jacket bearing the words "*** the Draft: inside the LA courthouse ruled in Cohens favor |
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Texas v Johnson |
Johnson, upset with political system, protested at convention by burning US flag. ruled with johnson |
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Free assembly |
some restrictions allowed (national security, safety, disruption of daily life) Government can regulate time, place and manner of public assembly |
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National Socialist Party of America v Village of Stokie |
Socialist party was gong to dress like nazis and march on the village agains jews. Town made three laws to ban the march. Supreme court ruled with socialist party they were targeting right of free assembly, gov't cant regulate content of speech |
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Press Freedom and prior restraint |
prior restraint disallowed under extreme burden of proof on government |
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New York Time Co. v. United States |
New York Times came into then-classified Pentagon Papers proving US was lying about war, US didn't want it published. Papers released, prior restraint rarely issued Ruled with New York Times Co. |
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Libel |
publishing material that falsely damages a person's reputation against public officials requires malicious intent |
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Slander |
spoken words that falsely damage a person's reputation |
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The Establishment Clause
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government may not favor one religion over another religion government may not support religion over no religion Two doctrines" Wall of separation" v "Accommodation" |
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Lemon Test |
used when applying the accommodation doctrine to establishment clause cases 1. The policy must have a nonreligious purpose 2. The policy's primary effect must be one that neither advances nor inhibits religion 3. The policy must not foster "excessive government entanglement with religion" |
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The Free-Exercise Clause |
government may not prohibit the free exercise of religion government interference is permissible when the exercise of a religion belief conflicts with otherwise valid law |
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Edward v Aguillard |
a Louisiana law entitled the "Balance Treatment for Creation-Science and Evolution-Science in Public School Instruction Act" prohibited the teaching of the theory of evolution in the public schools unless accompanied by the teaching of creation science, a biblical belief that advanced forms of life appeared abruptly on earth. ruled against law |
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The Right to Bear Arms |
at the time of the founding, the second amendment was widely understood to prevent the federal government for abolishing state militia |
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District of Columbia v Heller |
the court ruled that "The second amendment protects an individual right to possess a firearm" |
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McDonald v Chicago |
the court used selective incorporation to apply the same standard to all state and local governments |
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Griswold v Connecticut |
americans have a "zone of privacy" that cannot be denied |
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Abortion |
protected as a right of privacy in Roe v Wade Subsequence decisions have placed some restrictions on abortion |
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Bower v hardwick |
Does the Constitution confer a fundamental right upon homosexuals to engage in consensual sodomy, thereby invalidating the laws of many states which make such conduct illegal?
No, there was no constitutional protection for acts of sodomy |
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Lawrence v texas |
Do the criminal convictions under Texas law, criminalizing sexual intimacy by same-sex couples, but not identical behavior by different-sex couples, violate the fourteenth amendment guarantee of equal protection of laws? Yes, the right to liberty under the due process clause gives them the right to engage in their conduct without intervention of the government |
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Procedural due process |
procedures that authorities must follow before a person can lawfully be punished for an offense |
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Fourth Amendment |
protection from unreasonable searches and seizures, no police searches unless probably cause that a crime occurred not a blanket protection, some warrantless searches allowed based on situation |
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Fifth amendment |
protection against self-incrimination and double jeapardy |
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Miranda v Arizona` |
no legal interrogation until suspect has been warned that his/her words count not be used as evidence miranda warning |
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Fifth Amendment |
suspect cannot be tried for federal crime unless indicted by grand jury, states not required to use grand juries |
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Sixth amendment |
right to legal counsel before and during trial; right to speedy trial |
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The Exclusionary Rule |
no admission of illegally obtained evidence exceptions: good faith, inevitable discovery |
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The Eighth Amendment |
prevents the "cruel and unusual punishment" of convicted persons supreme court generally allows states to decide punishments, but has limited aspects of death penalty and punishment of minors |
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Appeal |
one change (usually) no constitutional guarantee of appeal; but federal and states allow at least one appeal federal law bars a second federal appeal by a state prision inmate in most instances |
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Korematsu v United States |
Detention of Japanese Americans during WWII case concerning the constitutionality of executive order, which ordered Japanese americans into internment camps during WWII regardless of citizenship Sided with government, ruled that the exclusion order was constitutional |
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Hamdi v Rumsfeld |
Detention of enemy combatants (post 9/11) Hamdi, as american citizen, was arrested by the US military in Afghanistan. Accused of fight for the Taliban against the US. Transfered to a military prison in virginia. Did the government violate his 5th amendment right to due process by holding him indefinitely without access to an attorney? Yes |
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Hamdan v Rumsfeld |
Hamdan, Osama Bin Laden's former Chauffeur, was captured by Afghani forces and imprisoned by the US military in Guantanamo Bay. was the military commission established to try Hamdan and others for alleged war crimes in the War of Terror authorized by the congress or the inherent powers of the president? neither, trial was illegal due to exclusion of certain parts of his trial |
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USA Partriot Act |
stands for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act
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