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49 Cards in this Set
- Front
- Back
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Protest politics
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Political actions designed to broaden conflicts and activate outside parties to pressure the bargaining process in ways favorable to the protesters
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Mass movement
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Participation of large numbers of previously passive bystanders in a political protest action
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Relative deprivation
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Theory that people mobilize politically not when they are worst off, but when they perceive that they are deprived unjustly, relative to other groups in the population
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Transactional leader
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A party or interest group leader whose leadership is based on brokering beneficial exchanges with followers, such as patronage jobs for votes
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Transforming leader
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A mass movement leader who engages the full personalities of followers, helping them to go beyond self-interest and participate in direct political action
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Civil disobedience
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The deliberate violation of the law by persons willing to accept the law’s punishment in order to dramatize a cause
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Satyagraba
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“Truth force,” or the belief of the Indian pacifist Mahatma Gandhi that a carefully orchestrated civil disobedience plan can persuade one’s opponents of the justice of one’s cause
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Judicial review
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The power of the courts to invalidate legislative or executive actions because they conflict with the Constitution
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Precedent
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A previous decision by a court that is treated as a rule for future cases
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Marbury v. Madison
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The 1803 case in which the Supreme Court established that it had the right to exercise judicial review even though that power was not stated in the Constitution
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McCulloch v. Maryland
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The 1819 case in which Justice Marshall emphasized the constitutional supremacy of the federal government in striking down Maryland’s attempt to tax the Bank of the United States
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Gibbons v. Ogden
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The 1824 case in which the Supreme Court broadly defined the congressional power to “regulate commerce among the states,” thereby establishing the supremacy of the federal government over the states in matters involving interstate commerce
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Dred Scott v. Sandford
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The infamous 1857 case in which the Supreme Court decided that blacks were not citizens and that slaves were property protected by the Constitution
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Court-packing plan
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A failed attempt by President Franklin Roosevelt in 1937 to change the direction of the Supreme Court, by giving the president the power to name one new justice to the Court for each current justice over the age of seventy
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Bush v. Gore
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A five-four Supreme Court decision in December 2000, which halted Florida’s hand recount of ballots, ensuring that George W. Bush would become president
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Senatorial courtesy
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The Senate’s withholding of consent to the nomination of a district court judge if the senior senator of the president’s party from the nominee’s state objects to that nomination
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Original Jurisdiction
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The power of a court to hear a case at its inception
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Appellate court
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A court that possesses the power to review the decisions of lower courts
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Writ of certiorari
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An order from the Supreme Court granting an appeal from a ruling of a lower court
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Rule of four
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An informal Supreme Court standard whereby if any four justices vote that a case deserves consideration, the Court will grant certiorari
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Oral argument
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The spoken presentation of each side of a case to the justices of the Supreme Court
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Concurring opinion
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A written statement by a Supreme Court justice about why he or she agrees with the decision reached in a case by the majority of the Court but not with the majority reasoning
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Dissenting opinion
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A written statement by a Supreme Court justice about why he or she disagrees with the decision reached in a case by the majority of the Court
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Ideological bloc
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A group of two or more Supreme Court justices who vote the same way with a high degree of regularity on the basis of a shared legal philosophy
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Civil liberties
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The basic freedoms embodied in the Bill of Rights, such as speech, religion, which individuals enjoy and government cannot invade
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Civil rights
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Constitutional guarantees, such as the right to vote and equal treatment under the law, that belong to the people because of their status as citizens
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Civil war amendments
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The Thirteenth, Fourteenth, and Fifteenth Amendments to the Constitution, which extended the Bill of Rights to and emphasized equality in the treatment of the former slaves
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Footnote 4
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A footnote in a 1938 Supreme Court decision that sets out three conditions under which the Court will not grant government action the presumption of constitutionality: when the action falls under the prohibitions of the Bill of Rights or Fourteenth Amendment, when the action restricts the democratic process, or when the action is harmful to particular religions or national or racial minorities
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Strict scrutiny
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A Supreme Court standard in civil liberties or civil rights cases of striking down a law unless the government can demonstrate a “compelling interest” that necessitates such a law
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Incorporation
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The doctrine that the Supreme Court used to apply the Bill of Rights to the states under the 14th Amendment Due Process Clause
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Clear and present danger test
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A Supreme Court standard stating that the government can prohibit political speech only if it can bring about an immediate evil that Congress has a right to prevent
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McCarthyism
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The practice, named after Senator Joseph McCarthy, of falsely accusing individuals of being disloyal or subversive in order to gain publicity or suppress opposition
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Symbolic speech
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Protected political expression that communicates with visual symbols instead of words
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Unprotected speech
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Communication that is not protected by the First Amendment either because of its social value is insignificant or because it verges on conduct that is harmful to others
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Obscenity
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Sexually explicit material that lacks serious literary, artistic, political, or scientific value and that appeals to a “prurient” interest; one of the categories of unprotected speech
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Prior restraint
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The First Amendment prohibition against government officials preventing information from being published
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Establishment Clause
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That part of the First Amendment that forbids Congress to make any law instituting a religion; the central component of the separation of church and state
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Lemon test
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The standard used by the Supreme Court in cases involving government aid to religion, which states that government assistance is constitutional only if it has a secular purpose, its effect does not advance or inhibit religion, and it does not entangle government and religious institutions in each other’s affairs
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Free Exercise Clause
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The part of the First Amendment that states that Congress shall make no law prohibiting the practice of religion
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Exclusionary rule
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A doctrine, based on the Fourth Amendment’s guarantee against unreasonable searches and seizures, in which the Supreme Court established that material seized in an illegal search cannot be introduced as evidence in a criminal case
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Miranda warnings
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The requirement that police inform all criminal suspects of their rights before taking them into custody
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Right of privacy
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The freedom to be left alone implied in the Constitution
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Roe v. Wade
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The 1973 Supreme Court case that established a woman’s right to choose abortion and rendered unconstitutional all state laws that made abortion a crime
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Separate but equal
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The doctrine established by the Supreme Court in the 1896 case of Plessy v. Ferguson, that separate equivalent facilities for whites and blacks did not violate the Fourteenth Amendment’s guarantee of equal protection of the laws, thereby providing the legal basis for segregation of the races
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National Association for the Advancement of Colored People (NAACP)
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An organization that fights for the rights of black Americans
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Brown v. Board of Education of Topeka
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The 1954 case in which the Supreme Court rejected the separate but equal doctrine in the field of education and thereby began the end of legal racial segregation
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Civil Rights Act of 1964
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A law that made racial discrimination in public accommodations (hotels and restaurants) and employment illegal
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Voting Rights Act of 1965
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The law that removed the barriers that southern officials had placed in the way of African Americans who sought to register to vote, and involved federal supervision of the voting process
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Affirmative action
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Positive steps taken to award educational opportunities or jobs to racial minorities or women because these groups have been the victims of prior discrimination
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