Pols1100: Exam 5 - Final

Front 1

affirmative action

Back 1

the requirement that positive steps be taken to overcome past discrimination and to achieve equality of result for minorities in jobs, admissions, and housing

Front 2

amicus curiae brief

Back 2

"a friend of the court" brief by an interested party who is not directly involved in the suit

Front 3

appellate jurisdiction

Back 3

consideration of a case by a court after the case has been tried by a lower court. both the supreme court and federal circuit courts of appeal (mid-level courts) have such jurisdiction.

Front 4

bad (dangerous) tendency test

Back 4

a speech having a dangerous tendency is a seditious speech and is subject to punishment according to the supreme court's verdict in Dennis v. U.S. (1951) which the court greatly modified in Yates v. U.S. (1957)

Front 5

Baker v. Carr (1962)

Back 5

silent gerrymandering was unconstitutional as it violated the equal protection clause of the fourteenth amendment. the supreme court required redistricting of electoral district following every ten year census.

Front 6

Baron v. Baltimore (1833)

Back 6

the bill of rights applied only to the national government and protected the rights of the people from the actions of the national government and not from those of the states.

Front 7

bill of attainder

Back 7

a legislative act to convicting a person or group for violation of law is unconstitutional because the legislature is exercising the functions of the judiciary.

Front 8

bill of rights

Back 8

the first ten amendments to the constitution are known as the bill of rights. these civil liberties listed in the first ten amendments protect the people from the improper actions of the government. more than half of these rights are related to matters involving criminal justice.

Front 9

Brown v. Board of Education (1954)

Back 9

segregation was unconstitutional. the supreme court ruled that separate education could never be equal (inherently unequal) and separation of children racially was likely to contribute to a feeling of inferiority among the minority which might adversely affect their development. the court held that racially based segregation was in violation of the equal protection clause of the fourteenth amendment.

Front 10

busing

Back 10

a device used by courts to address the issue of de facto segregation

Front 11

case law

Back 11

refers to a source of law that judges rely on by following a previous court decision in a similar case, a precedent, in deciding the current case. this is called judge made law known as common law in england.

Front 12

chief justice of the united states supreme court

Back 12

presides over open and closed court sessions, assigns writing of court opinion to associate justices, disperses funds for staff, travel, and other needs, sets court agenda, leads discussions, and could become a dominating leader like the famous and powerful chief justice John Marshall in early history or the civil liberties expansionist chief justice Earl Warren.

Front 13

Natural born citizen

jus soli: place of birth

Back 13

born on american soil, territorial waters, and public vessels except children of foreign diplomats

Front 14

Natural born citizen

just sanguinis: citizenship by blood relationship

Back 14

children born to an american citizen abroad if the child comes and lives in the US for 5 years between 14 and 28

Front 15

Naturalized citizen

act of congress

Back 15

a. group of persons like puerto-ricans (1917) and native indians (1921). b. eminent persons like sir winston churchill

Front 16

Naturalized citizen

naturalization

Back 16

process involving a. legal entry, b. 5 year US residence, c. good citizen by not being an anarchist, polygamist, communist, d. knowledge of english, e. knowledge of american constitution, f. renounce ones citizenship, g. pledge allegiance to US.

Front 17

ways to lose citizenship

Back 17

1. treason, 2. perjury at the time of citizenship acquisition, 3. renunciation of US citizenship, 4. service in occupations allowed only to a citizen of that country, 5. loss of citizenship by children when their parents lose US citizenship.

Front 18

civil disobedience

Back 18

nonviolent disobedience to laws which are believed to be unjust and people accept the consequences for their disobedient actions.

Front 19

civil liberties

Back 19

freedoms that people have which protect them from improper governmental actions.

Front 20

civil rights

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rights of people such as voting which government must protect from the illegal actions of others, including governmental agencies.

Front 21

civil rights act of 1964

Back 21

a land mark act and an important and historic step in bringing equal rights for african-americans in educations, employment, and housing. this act established the equal employment opportunity commission to monitor progress in terms of minority admissions, jobs, and promotions and to take action against those not complying with equal opportunity and affirmative provisions of the law.

Front 22

class action suits

Back 22

brought by a plaintiff (the initiator) on behalf of oneself and others who are similarly situated.

Front 23

clear and present danger doctrine

Back 23

a seditious speech is punishable when it constitutes a clear and present danger such as when soldiers are urged on a military base not to go to war and leave the military. Schenck v. US (1918) and advocacy of communism and a violent revolution did not constitute a clear and present danger, Yates v. US (1957). In Brandenburg v. Ohio (1969), the court further affirmed that a threatening speech is protected by the first amendment unless the government can prove that a high probability exists that a lawless action will occur.

Front 24

commercial speech

Back 24

a paid advertisement is a form of freedom of expression which is protected by the constitution's first amendment.

Front 25

common law

Back 25

law created by judges while making decisions on court cases in accordance with established customs and usages.

Front 26

communist control act of 1954

Back 26

denied the communists the right to run for office by prohibiting the listing of their names on a ballot. the law stated that the communists will "entice american citizens into the service of world communism." the law was declared unconstitutional by state courts.

Front 27

comparable worth

Back 27

equal pay for men and women for performing work in jobs which require comparable skills. a persons compensation be based on the "worth" (value) of one's work and not on gender or other subjective factors.

Front 28

components of first freedoms

Back 28

freedom of thought or belief which is absolute and totally free of any restriction, freedom of expression which is nearly absolute and can be restricted only if it interferes with the rights of others, free exercise which is the activity carried out in exercising belief that can be restricted in the interests of public order, public health, and community morals. activities, and distribution of obscene materials can be regulated in the interests of order, health, and community morals.

Front 29

concurring opinion

Back 29

written by a judge who concurs (agrees) with the majority but differs in reasoning

Front 30

determined by congress

Back 30

the size of courts, pay and benefits of judges, the expansion of appellate jurisdiction, and terms of office of judges. congress however, cannot reduce any of these allocations once made except removal of judges through impeachment. the constitution forbids interference in the judiciary and judicial independence is a very highly valued principle in america.

Front 31

congress is prohibited by the constitution from:

Back 31

powers to pass a bill of attainder, an ex post facto law, suspend the writ of habeas corpus, tax exports , and to grant titles of nobility

Front 32

congressional (legislative) courts:

Back 32

subject matter courts established by congress to deal with disputes arising out of law in such areas as claims, customs, trade, patents, taxes, and military.

Front 33

constitution (article III) created the supreme court

Back 33

all other federal courts were established by congress. congress determines the number of supreme court judges (fixed at nine in 1869) and the appellate jurisdiction of the supreme court.

Front 34

cooper v. aaron (1958)

Back 34

de-segregation of the all white public high school in little rock, Arkansas. when the state government opposed the court decision, president Eisenhower used federal troops to enforce the supreme court judgement.

Front 35

court docket

Back 35

another name for court calendar

Front 36

court of appeal

Back 36

an appellate court which reviews the decisions of federal district courts and hears appeals to orders issued by regulatory agencies such as the federal communications commission.

Front 37

court packing threat

Back 37

the threat to pack the supreme court with amenable judges was made by president Franklin D. Roosevelt during the era of New Deal in the 1930's. the threat is an example of presidential action deigned to influence the behavior of the supreme court. the threat worked when two justices switched to support new deal that saved the nine.

Front 38

dangerous tendency doctrine

Back 38

government can punish people for making a seditious speech as it has a dangerous tendency to destroy the government by the use of force in an eventual revolution, Dennis v. US (1951) which is not the supreme court's view now.

Front 39

de jure segregation

Back 39

segregation in law

Front 40

de facto segregation

Back 40

segregation in fact

Front 41

discrimination in education

Back 41

after the Brown v. Board of education ruling in 1954, segregation persisted into the 1960's but it quickly began to dissipate when congress tied financial incentives for desegregation compliance.

Front 42

discrimination in employment

Back 42

prohibited by the civil rights act of 1968 if 15 or more people are employed

Front 43

discrimination in housing

Back 43

unlawful to refuse the sale on grounds of race if the property is sold through an agent and it is a violation of the civil rights act of 1964 to refuse to rent property if it has 4 units or a duplex if the owner does not reside in it.

Front 44

discriminatory voting registration practices

Back 44

a voter registration officer in Louisiana disqualified 1300 out of 1500 persons to register as voters because, as he put it without properly spelling the word, the committed "errors in spilling." the voting rights act of 1965 authorizes federal officials to register voters in any country or state where less than 50% of the voting age minorities are registered for voting.

Front 45

dissenting opinion

Back 45

written by a judge who disagrees with the majority and writes the dissent to go on record and to influence future court decisions.

Front 46

double jeopardy

Back 46

no person shall be tried for the same crime twice. however, an individual may be tried in a state and federal courts for the violation of state law and the violation of a federal law. also an individual may request the retrial of ones case by a court.

Front 47

due process of law

Back 47

government must act in accordance with procedures established by law while exercising its powers. 5th and 14th amendment guarantee due process by prohibiting government from improper acts. justice in the united states is primarily defined in terms of proper procedures called "due process"

Front 48

eminent domain

Back 48

under the fifth amendment to the constitution, private property can be acquired for public purposes only after paying just compensation

Front 49

equal protection (of the laws) clause

Back 49

under the 14th amendment, no person shall be denied the equal protection of the laws. thus people are not to be discriminated based on race, color and other differences.

Front 50

equal rights (to women) amendment

Back 50

although failed ratification, it brought awareness of inequalities based on gender and thus furthered the cause of equal rights to women by responding to the issues of gender discrimination and sexual harassment. equal rights amendment would have guaranteed equal rights to women. in its absence women have to depend on the laws of congress to ensure those rights.

Front 51

establishment and free exercise clauses

Back 51

government is not to establish support or prohibit religion or to restrict the free exercise of religious practice.

Front 52

excessive bail and cruel and unusual punishment

Back 52

are prohibited by the 8th amendment

Front 53

exclusionary rule

Back 53

tainted (improperly gathered) evidence must be excluded from use in a trial, Mapp v. Ohio (1961)

Front 54

ex post facto law

Back 54

a law that makes an action a crime or increases the punishment for the crime although such action was legal at the time that it was committed is an ex post facto law and is unconstitutional. retroactive application of a law "after the fact" is prohibited by the constitution.

Front 55

factors influencing president's judicial appointments

Back 55

ideology, political party, patronage, senatorial courtesy in the case of lower courts.

Front 56

federal (u.s.) district court

Back 56

lowest federal court which is a trial court and hears cases under original jurisdiction

Front 57

federal judicial appointments

Back 57

are for life and are made by the president and confirmed by a majority vote of the senate

Front 58

federal jurisdiction on party to a dispute

Back 58

national government, states, foreign ambassadors, citizens of different states, citizens and foreigners.

Front 59

federalism

Back 59

a system of government with two levels of government under which the national and state governments share power in accordance with the constitutional provisions. the US has federal and state courts because of federalism.

Front 60

fifth amendment freedoms

Back 60

life, liberty and property, protections from double jeopardy, self-incrimination (emphasized by the supreme court in Miranda v. Arizona (1966), guarantee of due process, just compensation for acquisition of private property for public purpose under eminent domain, grand jury indictment for capitol offense. liberty is also protected by constitutional guarantee of writ of habeas corpus. to protect liberty, the constitution also prohibits congress from passing bills of attainder, ex post facto laws, laws imposing duties on exports, granting titles of nobility, and suspension of the writ of habeas corpus.

Front 61

first amendment freedoms

Back 61

freedom of religion, speech, press, assembly, (and through court interpretation) freedom of association.

Front 62

components of the first amendment freedoms

Back 62

freedom of though or belief which is absolute and totally free of any restriction, freedom of expression which is nearly absolute and can be restricted only if it interferes with the rights of others, free exercise which is the activity carried out in exercising ones belief that can be restricted in the interests of public order, public health and community morals. activities such as protests, refusal to have vaccinations, and distribution of obscene materials can be regulated in the interests of order, health and community morals.

Front 63

first amendment freedoms: principles embodies in first amendment

Back 63

establishment and free exercise causes also referred to as the wall of separation doctrine, preferred position doctrine, prior restraint, freedom of expression, commercial speech, symbolic speech, sullivan case on libel, clear and present danger doctrine, fairness doctrine providing for coverage of contrasting positions by the media.

Front 64

fourteenth amendment

Back 64

protected the right to life, liberty, and property of the people against the action of states and required the states to abide by due process. through the equal protection of the laws clause, this amendment provided for equal rights to people irrespective of race, color, or other differences. starting with the Gitlow v. New York (1925), the supreme court began to apply the Bill of Rights to the states through the equal protection and due process clauses of this amendment

Front 65

freedom of expression

Back 65

considered to be the most fundamental right required for the maintenance of democracy

Front 66

glass ceilings

Back 66

refer to subtle barriers prevalent in business, government, and other organizations which keep women from advancing to top executive positions. for instance of the top "fortune 500" companies, women hold the position of chief executive in less than 20 although women constitute more than 50% of the nations population.

Front 67

Gitlow v. NY (1925)

Back 67

the supreme court applied the freedom of speech and freedom of press part of the 1st amendment to the states through the equal protection clause of the 14th amendment. the supreme court gradually and selectively incorporated the bill of rights to the states from 1925 on the grounds that no person shall be denied liberty without due process.

Front 68

grand father clause

Back 68

a clause under which any one who had voted before 1866 or who descended from a person (grand father) who had voted before 1866 was not required to meet various voting registration requirements. the clause was declared unconstitutional in Guinn v. US (1915).

Front 69

Hispanic americans

Back 69

the second largest group which has replaced the african americans as the largest group in this decade

Front 70

immigration and nationality act of 1965

Back 70

nationality as the requirement for immigration was replaced by kinship and/or skill as the grounds for immigration. the flow of immigration has shifted from north western europe to latin american and asia since 1965.

Front 71

impeachment and removal of federal judges

Back 71

no judge of the supreme court has ever been removed. only seven (out of 2000) judges have been removed by congress through impeachment in the past 210 years.

Front 72

intimidation to deter voting

Back 72

punishable by a prison term of 5 years and/or a fine of $5,000 under the voting rights act of 1965

Front 73

jim crow laws

Back 73

laws separating individuals on a racial basis in particular places and situation.

Front 74

judicial activist

Back 74

one who believes that the constitution is a living document whose strength lies in its flexibility and that judges should make bold policy decisions, even charting new constitutional ground by challenging the policy positions of the congress and the president.

Front 75

judicial functions

Back 75

law interpretation, law legitimization, law standardization, law evolution to changing times, fact determination, law violation penalty determination, conflict resolution, judicial review, protection of minorities, prevent tyranny, guardian of due process, civil rights and civil liberties.

Front 76

judicial restraint

Back 76

a judicial philosophy under which judges should decide cases strictly according to the constitution, laws, and percents and should restrain from imposing their own values and policy preferences.

Front 77

judicial (review) supremacy

Back 77

the authority of a court to review and determine the constitutionality of the actions of all others including the president and congress. judicial review is inferred from the constitution by the supreme court in the case of Marbury v. Madison (1803). the court asserted that section 13 of the judiciary act of 1789 which gave the supreme court original jurisdiction over cases involving private individuals was in conflict with article III of the constitution which limited the supreme court's original jurisdiction to cases involving states and foreign ambassadors. the court held that the justices took the oath to defend and uphold the constitution and hence could not enforce a law which was in conflict with the constitution. since the constitution is the supreme law of the land any law in variance with the constitution is unconstitutional.

Front 78

jurisdiction of federal courts

Back 78

the authority to consider and determine cases and is based on the subject matter in a case or on the party to a dispute. jurisdiction of federal courts, including the supreme court, is determined by the constitution and congress through enactment of laws.

Front 79

jus soli

Back 79

citizenship by place of birth. children born in the US, in American waters, in US public vessels except those born to foreign diplomats are natural born citizens.

Front 80

jus sanguinis

Back 80

citizenship by blood relationship. children born to an american citizen of ten years standing abroad is a natural born US citizen provided the children come and live in the US for five years between the ages of 14 and 28.

Front 81

libel

Back 81

a false statement made with a malicious intent to destroy the reputation of a person, Sullivan v. NY Times (1963).

Front 82

limits on the powers of the supreme court

Back 82

a. includes impeachment by a majority vote of the house of representatives and removal by a 2/3 vote of the senate: although no judge of the US supreme court has ever been removed, the impeachment consideration of some judges did cause them to avoid controversy, b. packing or the threat of packing the court with more judges by an act of congress: president FDR's threat to pack the supreme court did lead to the support of New Deal laws by two supreme court judges, c. Amending of the constitution to overcome the court decision by congress and the states: for instance the 16th amendment provided for graduated tax on income and the 26th amendment providing for the voting rights of individuals of 18 years of age, d. revision of law to meet court objections such as laws prohibiting child labor, e. political pressure by media, public opinion, interest groups, staff, friends, and family: the resignations of justices William Douglas and Abe Fortas are cases in point as well as the softening of the position on the wall of separation doctrine concerning school prayers and permitting religious instruction outside the school for public school students, and F. role perception of judges on the limits of their power such as the resignation of the legendary justice Oliver Wendell Holmes after he reported to have fallen asleep in the open session of the court.

Front 83

Mapp v. Ohio (1961): exclusionary rule

Back 83

the supreme court ruling that applied the 4th amendment's constitutional rights against illegal searches and seizures to states. the court declared that illegal obtained information cannot be introduced in a trial and must be excluded as it is tainted evidence. the exclusionary rule has been the subject of controversy and recent court rulings have narrowed the scope of Mapp.

Front 84

Marbury v. Madison (1803)

Back 84

the case in which the supreme court asserted the power of judicial review by declaring that section 13 of the judiciary act of 1789 was unconstitutional as that section was in conflict with article III of the constitution.

Front 85

John Marshall

Back 85

the most powerful chief justice in the history of the court who presided over the court form 1801 to 1835.

Front 86

miranda warnings (5th amendment rights)

Back 86

prior to questioning by police, an individual must be informed of one's 5th amendment rights to remain silent and information could be used against that person and that one has the right to an attorney. Miranda v. Arizona (1966), Gideon v. Wainwright (1963), and Escobedo v. Illinois (1964) rulings strengthened the rights of defendants.

Front 87

national supremacy

Back 87

the constitution, laws, and treaties of the US are the supreme law of the land and state judges are bound by them.

Front 88

native americans

Back 88

probably the least powerful group in American politics. the march of seminole indians from Florida to Oklahoma is called the march of tears

Front 89

non-justiciable dispute

Back 89

a dispute which is not amenable to a judicial remedy such as a petition asking a court to abolish a government department. this is a political issue to be resolved by congress.

Front 90

obstacles placed on african americans from exercising their voting rights and how they have been rectified

Back 90

A. grandfather clause (declared unconstitutional in Guinn v. US (1915))

B. intimidation (punishable by fine of $5,000 and or 5 years in prison

C. poll tax (abolished by the 24th amendment for voting in national elections and also was declared unconstitutional for voting in state and local elections by the supreme court in Harper v. Virginia (1965).

D. racial gerrymandering (declared unconstitutional in Gomillion v. Lightfoot (1960))

E. registration practices (voting rights act of 1965.)

F. white primary (declared unconstitutional in Smith v. Allwright (1944)

Front 91

opinion of the court

Back 91

judgement of the court stating the reasons for its decision issued either unanimously or by a majority. if the chief justice has voted with the majority, then the chief justice will write the opinion of the court or will assign it to another justice on the majority side

Front 92

original intent

Back 92

a philosophy under which judges apply the values and beliefs of the founding fathers to the current issues.

Front 93

original jurisdiction

Back 93

authority to hold trial of a case by a court (federal district court in federal cases) in which the case originates. according the article III of the constitution, original jurisdiction of the supreme court is limited to cases involving states and/or foreign ambassadors

Front 94

Plessy v. Ferguson (1896): separate but equal doctrine

Back 94

the supreme court ruled that segregation was constitutional so long as equal accommodations were provided to people of all races in public utilities and in services provided out of public funds. the effect of Plessy ruling was to establish a constitutionally sanctioned legitimacy of racial segregation and discrimination for the next sixty years.

Front 95

poll tax

Back 95

a tax to be paid for (voting) voter registration that was eliminated in 1964 by the 24th amendment and was declared unconstitutional in state and local elections by the supreme court in Harper v. VA (1965).

Front 96

precedent

Back 96

in deciding a case, a court is guided by a previous court decision in a similar case.

Front 97

preferred position doctrine

Back 97

first amendment rights enjoy a preferred position in comparison with other rights.

Front 98

president William (Bill) Clinton

Back 98

appointed more women to federal courts than any other president and all previous presidents put together

Front 99

prior (restraint) censorship

Back 99

governmental action to restrain the publication of information prior to actual publication. it was declared unconstitutional by the supreme court in Near v. Minnesota (1931), and in NY Times v. US. (pentagon papers case) (1971).

Front 100

quorum in the supreme court

Back 100

the minimum number of judges needed to conduct business in the court is six

Front 101

racial gerrymandering

Back 101

drawing up of electoral districts in such a way as to disperse racial minority voters among several district and thereby weaken their political power. such a gerrymandering in Tuskegee, Alabama was declared unconsistutional, Gomillion v. Lightfoot (1960).

Front 102

Ronald Reagan

Back 102

former president (1981-1989) asserted that past discrimination such as the practice of slavery was not a justification for current compensatory treatment of minorities

Front 103

red lining

Back 103

lenders red lining certain residential areas and refusing to loan money to those who wanted to buy a house in those neighborhoods

Front 104

restrictive covenants

Back 104

agreements among neighbors not to sell their houses to minorities such as jews and african americans

Front 105

Roe v. Wade (1973)

Back 105

under the right of privacy provision of the 9th amendment, individuals have the right to choice

Front 106

role and powers of the chief justice

Back 106

presides over the open and closed sessions of the court, determines agenda and leads discussion, writes the opinion of the court if he is with the majority or assigns it to another judge on his side, distributes patronage like allowances for staff, travel, and office equipment, builds support for his position like many powerful chief justices did.

Front 107

rule of four

Back 107

at least four of the supreme court judges must agree that a case is important enough for court consideration and placing it on the court calendar. a certiorari suit to be issued requires the approval of four justices

Front 108

rules of standing

Back 108

rules governing the acceptance of a case by a court, including the supreme court, are that the case involved real controversy, it does cause injury to a party, plaintive has a standing in the case, and it has not become moot but is ripe for judicial remedy.

Front 109

selective incorporation

Back 109

the application of the bill of rights to the states by the supreme court gradually and selectively by one right at a time. this nationalization of the bill of rights to apply to states is also called the incorporation theory.

Front 110

self-incrimination

Back 110

under the fifth amendment, a person shall not be compelled to be a witness against himself so as to incriminate one-self and has the right to remain silent. freedom from self incrimination was designed to prevent police torture of suspects to obtain confessions.

Front 111

senatorial courtesy

Back 111

president's consultation, in making judicial appointments, with the senator of his party from the state in which the appointment is made

Front 112

separate but equal doctrine

Back 112

separation of races was constitutional so long as equal accommodations were provided to people of all races. if one race is inferior to another socially, the constitution of the united states cannot put them on the same plane.

Front 113

sources of law

Back 113

the constitution, statutory laws (statutes enacted by congress and state legislatures), case law (precedents), common law, treaties, international law.

Front 114

sovereign immunity

Back 114

a doctrine under which the government is supreme and cannot be sued by individuals without it's consent

Front 115

stare decisis

Back 115

let the decision stand is a judicial principle under which judges stand by what has already been decided whenever the same question is presented. by refusing to accept a case, judges may let a lower court decision stand.

Front 116

subject matters with federal jurisdiction

Back 116

the constitution, federal law, maritime law, treaties, title to same land granted by different states, and disputes involving $50,000 or more

Front 117

supreme court of the united states

Back 117

is the only court created by the constitution. it has the right to accept or reject any case. the court accepts less than 4% of the approximately 8,000 petitions made annually to it for consideration. the court has the right to decide by a vote of four to accept a case.

Front 118

Swann v. Charlotte_Mechlenburg county board of education (1971)

Back 118

the supreme court ruling ordering busing of students to achieve racial balance

Front 119

symbolic speech

Back 119

such expressions as burning the flag or stitching it to the bottom of one's pants or wearing black arm bands in school are considered symbolic speech and are constitutional

Front 120

Texas v. Johson (1989)

Back 120

the supreme court held that the burning of the American flag is a form of symbolic speech and the government cannot prohibit the free expression of an idea no matter how disagreeable and distasteful that idea might be

Front 121

trail of tears

Back 121

the infamous and the forced removal of seminole indians from Florida everglades to Oklahoma in 1838

Front 122

voting rights expansion from 1870 to the present

Back 122

african american men in 1870 (15th amendment), women in 1920 (19th amendment), residents of washington D.C. in 1963 (23rd amendment), poll tax for voting prohibited in 1964 (24th amendment), 18 year olds granted voting rights 1971 ( 26th amendment), voting rights act in 1965 ensured rights to minorities through federal voter registration. thus the democratic base of the constitution has been broadened. the increased number of minority voters helped increase the number elected officials of minority communities in national, state and local bodies.

Front 123

wall of separation doctrine

Back 123

a wall of operation exists between church and state under which government shall not establish a religion or prohibit the free exercise of religious belief.

Front 124

Earl Warren

Back 124

an activist chief justice from 1953 - 1969 who championed civil liberties and civil rights. the supreme court, under his leadership, was active and expanded civil rights, civil liberties, defendant's rights, and voting rights

Front 125

white primary

Back 125

a political party primary in which only white citizens were allowed to vote and it was declared unconstitutional in the case of Smith v. Allwright (1944)

Front 126

women

Back 126

the culmination of the women's movement in the early 20th century was the passage of the 19th amendment (1920) granting voting rights to women. although women constitute a majority of the population, they, nevertheless feel the existence of invisible "glass walls." in the 1970s the supreme court became responsive to arguments that sex discrimination violated the equal protection clause of the 14the amendment.

Front 127

writ of certiorari

Back 127

a court order commanding a lower court to send the record of a case to the higher court to make the record certain. a vast number of cases reach the supreme court through certiorari writs.

Front 128

writs of certiorari are issued by the supreme court: grounds for supreme court acceptance of cases

Back 128

lower court position is at odds with earlier supreme court decision, lower courts ruled differently not he same issue, case involves important constitutional issues, irregularities occurred in rendering a decision by a lower court, involved an issue that justices are eager to resolve, or case requires urgent resolution.

Front 129

writ of habeas corpus

Back 129

a court order directing the government to produce a person held in detention bodily in court and state the charges against the person or let the person go free

Front 130

writ of injunction

Back 130

a court order prohibiting a part from taking further action on a particular matter as it would cause irreparable damage to the plaintiff

Front 131

writ of mandamus

Back 131

a court order requiring a public official to carry out the ministerial duties of ones office.