Psci 1101: The American Political System Exam 2

Front 1

Privilage & Immunity Law

Back 1

Section 1 of the 14th Amendment
"No state shall make or enforce any law that will abridge the privilages or immunities of U.S Citizens

Front 2

"Linr Item Veto"

Back 2

The president can cross out parts of laws

Front 3

"Veto Bargaining"

Back 3

"If you don't ________, then I will veto this law"

Front 4

The President

Back 4

- Veto legislation
- Execute laws
- Head of Military
- "Agenda Setter": thru media and ethos
- "Going Public"
President on congress through public eye

Front 5

Executive Orders

Back 5

Laws written by presidents when they get into office
(Can be overturned by each new president)

Front 6

Signing Statements

Back 6

President: "Im signing this bill, however this is what I like and don't like"
- He can state that he doesn't/won't enforce certain parts of the law

Front 7

Bureaucracy

Back 7

FBI, FDA, SEC
Work for president and he appoints the head of each agency

EAMPLE:FDA:
Has to make sure that certain pill is safe and congress allows them to be sure that the approved drug is safe

Front 8

Agency Capture

Back 8

Instead of "public intrest" its primarily looking out for agency's best intrest

EXAMPLE: Coal Minning Accident:Bureaucracy agency "overlooked" certain mine

Front 9

Reprecussion

Back 9

Congress: Can take away discretion from agency and pass a new law
-Can remove funding
#1 Congress must authorize funding
#2 Funding must be appropriated through budget

Front 10

CONGRESS IS LIKE...

Back 10

FIRE ALARM: Waits for people to bring about problem and then react

Front 11

Federal Court

Back 11

-Federal Judges: Nominated judges by president
-Senate must confirm nomonies throuogh "Advice and Consent
-Share ideological views w/ president

Front 12

Stare Decisis

Back 12

Supposed to take precedent over ideological views
"What the law says goes"

Front 13

Legal Model

Back 13

Strictly law enforced
-NO INTERPRETATION

Front 14

Attitudinal Model

Back 14

Ideology based
"Role w/ the punches"
"Interpret as we go"

Front 15

INTERPRETIVISM
(Majority liberal)

Back 15

Idea that judges read the constitution and interpret it...a loose judgement

"Judicial Activism"

Front 16

ORIGINAL INTERPRETIVISM
(Majority Conservative)

Back 16

Precedent over loose interpretation

"If the word is not in it...then it doesn't exist"

-Literal view of constitution
"Judicial Restraint"

Front 17

Amicus Curi

Back 17

"Friend of the court"
"A brief filed in a lwsuit by an individual or group that is not party ti the lawsuit but that has an intrest in the outcome"

Front 18

Writ of Clotore

Back 18

An order that is given by the superior court to an appellate court and that directs the lower court to send up a case the superior ourt has choosen to review
*** WHAT CASE A SUPREME COURT WILL HEAR***

Front 19

Rule of Four

Back 19

A rule employed by the Supreme Court stating that when 4 justices support hearing a case the certiorari petition is granted

Front 20

(ideology fight)
'IDEOLOGY BORK"

Back 20

Late 80's;
-Bork (Regans Nomonie)
-senate of democrates didn't accept him becasue he was conservative

Front 21

REASONS:

Back 21

#1: Political Polarization
More Liberal vs. More Conservative
#2: Institutionalizing prefrences

Front 22

Civil Liberties and Civil Rights

Back 22

Framers goal was to avoid majority tryranny

Front 23

Supreme Law

Back 23

Constitution says that rights can not be takin away unless changed

Front 24

Bill of Rights

Back 24

Protect Minorities
14th Amendment:
-Gives privilages and immunities to states
-States can not strip away 14th Amendment from citizenz

Front 25

Selective Incorporation

Back 25

Process in which Federal gave states "Bill of Rights"' for the people

Front 26

1st Amendment

Back 26

Guarantees freedom of religion, speech, assembly, and press, and the right of people to petition the Gov. for redress of grievances

Front 27

2nd Amenment

Back 27

***Protect people from federal and state law***

-Right of states to maintain a miltia

Front 28

3rd Amendment

Back 28

Risticts quartering troops in private homes

Front 29

4th Amendment

Back 29

Exclusionary Rule:
-Obtained evidence illegally therefore it can not be used in court
-Unreasonable search and seizures

Front 30

5th Amendment

Back 30

"I plead the 5th"
Self incrimination
(you do not need to answer)

Front 31

Miranda Rights

Back 31

Police must (inform) you of what your rights are:
"you have the right to remain silent"
"You have a right to an attorny"
"Anything you say may and will be used against you in court"

Front 32

6th Amendment

Back 32

-Right to lawyer
-Right to fair and speedy trial"
-Jury trial
-Right to face accussor

Front 33

7th Amendment

Back 33

Right to jury trial in cases involving common law

Front 34

8th Amendment

Back 34

Protects against excessive bail or cruel and unusual punishment

Front 35

Ristrictions on 1st Amendment

Back 35

FREE SPEECH:
Presents clear and present danger
Obscene
Violates community standard
No artistic value
FREEDOM of PRESS:
No "prior restraint"

Front 36

ESTABLISHMENT CLAUSE

Back 36

The right to establish your own religion

Front 37

LEMON TEST
(3parts)
in violation of "establishment clause"

Back 37

1) Secular Purpose: Justify action of the law under no religious context

2) Can not advance nor inhibit any particular religion

3) EXCESSIVE ENTANGLEMENT: Gov. Can not get involved w/ ones religion

Front 38

Neutrality Test

Back 38

ASKS:
"Does this advance a (law/case/paraticular religion) over another?"

Front 39

Neutrality Test
(Free Exercise Clause)

Back 39

Must be religiosly neutral

Front 40

9th Amendment

Back 40

"You have rights that are not listed in constitution"
EXAMPLE: Right to Privacy
=Penumbra of Amendments (1,4,5,6,9,14) that creates the right to privacy

Front 41

Grisworld Vs. Conneticut

Back 41

Right to your own body

Appellant Griswold is Executive Director of the Planned Parenthood League of Connecticut

They gave information, instruction, and medical advice to married persons as to the means of preventing conception.

Any person who uses any drug, medicinal article or instrument for the purpose of preventing conception shall be fined not less than fifty dollars or imprisoned not less than sixty days nor more than one year or be both fined and imprisoned.

Section 54-196 provides:

Any person who assists, abets, counsels, causes, hires or commands another to commit any offense may be prosecuted and punished as if he were the principal offender.

Front 42

Roe Vs. Wade

Back 42

ABORTION
"states can not implement particular laws on abortion

Roe alleged that she was unmarried and pregnant; that she wished to terminate her pregnancy by an abortion "performed by a competent, licensed physician, under safe, clinical conditions"; that she was unable to get a "legal" abortion in Texas because her life did not appear to be threatened by the continuation of her pregnancy; and that she could not afford to travel to another jurisdiction in order to secure a legal abortion under safe conditions. She claimed that the Texas statutes were unconstitutionally vague and that they abridged her right of personal privacy, protected by the First, Fourth, Fifth, Ninth, and Fourteenth Amendments. By an amendment to her complaint Roe purported to sue "on behalf of herself and all other women" similarly situated.

James Hubert Hallford, a licensed physician, sought and was granted leave to intervene in Roe's action

Front 43

Gitlow Vs. New York

Back 43

Benjamin Gitlow had been a prominent member of the Socialist party during the 1920s. He was arrested and convicted for violating the New York Criminal Anarchy Law of 1902, which made it a crime to attempt to foster the violent overthrow of government.

First Amendment right to freedoms of speech and press was violated.

Supreme Court ruled in favor of Gitlow. It stated in its decision that "for present purposes, we may assume that freedom of speech and of press...are among the fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from impairment by the State."

Front 44

Miranda Vs. Arizona

Back 44

Ernesto Miranda was arrested in Phoenix and taken directly to the police station. A victim of rape and kidnapping identified him as the perpetrator.

police had never advised Miranda of his right to an attorney or the fact that anything he said could be used against him in a court of law

Supreme Court still found in favor of him, holding that "the defendant's confession was inadmissible because he was not in any way [informed] of his right to council nor was his privilege against self-incrimination effectively protected in any other manner."

Front 45

Gideon Vs. Wainright

Back 45

Clarence Earl Gideon was arrested for attempting to break and enter a poolroom with intent to commit a misdemeanor-Gideon, who was illiterate and had no money to hire a competent attorney

Gideon was convicted and sent to prison, where he filed a habeas corpus petition in the Supreme Court. The Court agreed to hear his case and council was appointed to him. The Supreme Court found in favor of Gideon, overruling Betts v. Brady. In doing so, it declared that all defendents in felony cases had the right to an attorney

jury acquitted him.

Front 46

Planned Parenthood Vs. Casey

Back 46

a case decided by the Supreme Court of the United States in which the constitutionality of several Pennsylvania state regulations regarding abortion was challenged

The "spousal notification" rule required women to give prior notice to their husbands.
The "parental consent" rule required minors to receive consent from a parent or guardian prior to an abortion.
The fourth provision imposed a 24-hour waiting period before obtaining an abortion.
The fifth provision challenged in the case was the imposition of certain reporting requirements on facilities providing abortion services.