Poly Sci Exam Page 2

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Free expression

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right to express oneself and one's views in spoken words, actions, printed materials, assemblies or gatherings and petitions submitted to the government. It refers to the collective rights guaranteed in the First Amendment to the US Constitution: religion, speech, press, assembly and petition.

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Equal protection clause

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section of 14th amendment that guarantees that all citizens receive "equal protection of the laws"

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De jure Discrimination

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segregation enforced by law (Jim Crow)

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De facto Discrimination

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Segregation in practice but not enforced by law

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Civil rights act of 1964

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federal law that made segregation illegal in most public places, increased penalties and sentences for those convicted of discrimination in employment, and withheld federal aid form schools that discriminated on the basis of race or gender

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Voting rights act of 1965

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Passed during civil rights movement. Eliminated devices like literacy tests

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1968 Civil Rights act

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“Fair housing act” prohibited discrimination on housing based on race, religion, national origin, and sex

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Establishment clause

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the First Amendment guarantee that the government will not create and support an official state church

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Free exercise clause

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the First Amendment guarantee that citizens may freely engage in the religious activities of their choice

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19th amendment

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The right of the citizens of the United States to vote shall not be denied or abridged… on account of sex

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13th amendment

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Neither slavery or involuntary servitude,…, shall exist within the United States, or any place under its jurisdiction

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14th amendment

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Equal protection amendment

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15th amendment

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Voting rights shall not be denied by race, color, or previous condition of servitude

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Strict Scrutiny

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A test applied by courts to laws that attempt a racial or an ethnic classification. In effect, the strict-scrutiny test eliminates race or ethnicity as legal classification when it places minority-group members at a disadvantage

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intermediate Scrutiny

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Assumed unconstitutional unless the law serves a clearly compelling and justified purpose…almost suspect category

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Reasonable Basis

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everything else (age, income, sexual orientation…)…assumed constitutional unless there is no sound rationale

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Executive order

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are legally binding orders given by the President, acting as the head of the Executive Branch, to Federal Administrative Agencies

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Cabinet

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Appointed officials who head government departments and act as advisors to the President.

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Honeymoon period

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The president's first months in office, a time when Congress, the press, and the public are more inclined than usual to support presidential initiatives.

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whig theory

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A theory that prevailed in the nineteenth century and held that the presidency was a limited or restrained office whose occupant was confined to expressly granted constitutional authority.

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Stewardship theory

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A theory that argues for a strong, assertive presidential role, with presidential authority limited only at points specifically prohibited by law.

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lame duck

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is an elected official whose successor has already been elected

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Bureaucracy

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A system of organization and control based on the principles of hierarchical authority, job specialization, and formalized rules

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hierarchical authority

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A basic principle of bureaucracy that refers to the chain of command within an organization whereby officials and units have control over those below them.

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demographic representation

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The idea that the bureaucracy will be more responsive to the public if its employees at all levels are demographically representative of the population as a whole.

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Clientele groups

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Special interest groups that benefit directly from the activities of a particular bureaucratic agency and are therefore strong advocates of the agency.

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Agency POV

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The tendency of bureaucrats to place the interests of their agency ahead of other interests and ahead of the priorities sought by the president or Congress.

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Federal Reserve

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“The Fed” Federal Reserve Act of 1913, control over the money supply

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independent agencies

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Bureaucratic agencies that are similar to cabinet departments but usually have a narrower area of responsibility. Each such agency is headed by a presidential appointee who is not a cabinet member. An example is the National Aeronautics and Space Administration.

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Merit system

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An approach to managing the bureaucracy whereby people are appointed to government positions on the basis of either competitive examinations or special qualifications, such as professional training

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Patronage

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An approach to managing the bureaucracy whereby people are appointed to important government positions as a reward for political services they have rendered and because of their partisan loyalty

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Regulatory agencies

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Administrative units, such as the Federal Communications Commission and the Environmental Protection Agency, that have responsibility for monitoring and regulating ongoing economic activities.

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Policy Implementation

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(in reference to bureaucracy) The primary function of the bureaucracy; it refers to the process of carrying out the authoritative decisions of Congress, the president, and the courts.

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Neutral competence

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The administrative objective of a merit-based bureaucracy. Such a bureaucracy should be "competent" in the sense that its employees are hired and retained on the basis of their expertise and "neutral" in the sense that it operates by objective standards rather than partisan ones.

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Spoils system

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The practice of granting public office to individuals in return for political favors they have rendered.

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Bureaucratic accountability

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The degree to which bureaucrats are held accountable for the power they exercise.

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Precedent

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Following earlier court decisions

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Judicial review

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The power of courts to decide whether a governmental institution has acted within its constitutional powers and, if not, to declare its action null and void.

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Writ of certiorari

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Permission granted by a higher court to allow a losing party in a legal case to bring the case before it for a ruling; when such a writ is requested of the U.S. Supreme Court, four of the Court's nine justices must agree to accept the case before it is granted certiorari.

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Majority opinion

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A Supreme Court opinion that results when a majority of the justices is in agreement on the legal basis of the decision.

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Minority opinion

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in a legal case written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment

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Concurring opinion

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A separate opinion written by a Supreme Court justice who votes with the majority in the decision on a case but who disagrees with their reasoning

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Dissenting opinion

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The opinion of a justice in a Supreme Court case that explains his or her reasons for disagreeing with the majority's decision.

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Brief

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A written statement by a party in a court case that details its argument.

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Judicial activism

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The doctrine that the courts should develop new legal principles when judges see a compelling need, even if this action places them in conflict with precedent or the policy decisions of elected officials

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Living constitution theory

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A method of interpreting the Constitution that emphasizes the principles it embodies and their application to changing circumstances and needs

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Judicial restraint

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The doctrine that the judiciary should broadly defer to precedent and the judgment of legislatures. The doctrine claims that the job of judges is to work within the confines of laws set down by tradition and lawmaking majorities.

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Originalism theory

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A method of interpreting the Constitution that emphasizes the meaning of its words at the time they were written.

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Appellate jurisdiction

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The authority of a given court to review cases that have already been tried in lower courts and are appealed to it by the losing party; such a court is called an appeals court or appellate court.

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Original jurisdiction

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The authority of a given court to be the first court to hear a case. Friend of the court brief - is someone who is not a party to a case and offers information that bears on the case, but who has not been solicited by any of the parties to assist a court

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Merit plan

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Missouri plan, governor appoints a judge from a list provided by a judicial selection commission

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Citizens United v. Federal Election Commission (2010)

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Federal laws restricting campaign spending by corps. and unions violated their right to free expression

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Barron v Baltimore (1833)

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case in which helped define the concept of Federalism in the United States in U.S. constitutional law. The Court established a precedent that the United States Bill of Rights could not be applied to state governments.

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District of Columbia v. Heller (2008)

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“The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and use to that arm for traditionally lawful purposes, such as self-defense with in the home”

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Gonzales v. Carhart (2007)

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Upheld a ban on a particular type of abortion. Provides a fine and prison for physicians who perform an abortion when the mother is giving birth even if her life is in danger

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Webster v. Reproductive Health Services (1989)

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Upheld a Missouri law that imposed restrictions on the use of state funds, facilities, and employees in performing, assisting with, or counseling on abortions.

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Loving v Virginia (1967)

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invalidated laws prohibiting interracial marriage.

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New York Times v. Sullivan (1964)

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established the actual malice standard, which has to be met before press reports about public officials can be considered to be defamation and libel

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Osborne v. Ohio (1990)

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Court held that the First Amendment allows states to outlaw the mere possession, as distinct from the distribution, of child pornography.

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Stanley v. Georgia (1969)

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decision that helped to establish an implied "right to privacy" in U.S. law, in the form of mere possession of obscene materials.

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Virginia v. Black (2003)

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the Court struck down that statute to the extent that it considered cross burning as prima facie evidence of intent to intimidate.

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R.A.V. v. St. Paul (1992)

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case involving hate speech and the free speech clause, Court struck down St. Paul, Minnesota's Bias-Motivated Crime Ordinance,

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Texas v. Johnson (1989)

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decision by the Supreme Court of the United States that invalidated prohibitions on desecrating the American flag enforced in 48 of the 50 states

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Tinker v. Des Moines (1969)

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was a decision by the United States Supreme Court that defined the constitutional rights of students in U.S. public schools.

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Brandenburg v. Ohio (1969)

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The Court held that government cannot punish inflammatory speech unless that speech is directed to inciting, and is likely to incite, imminent lawless action.

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Romer v. Evans (1994)

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was the first Supreme Court case to address gay rights since Bowers v. Hardwick (1986),

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Schenk v. United States (1919)

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concluded that defendants who distributed leaflets to draft-age men, urging resistance to induction, could be convicted of an attempt to obstruct the draft, a criminal offense.

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United States v. O’Brien (1968)

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ruled that a criminal prohibition against burning a draft card did not violate the First Amendment's guarantee of free speech.