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46 Cards in this Set

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  • Back
Privilage & Immunity Law
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
"Linr Item Veto"
The president can cross out parts of laws
"Veto Bargaining"
"If you don't ________, then I will veto this law"
The President
- Veto legislation
- Execute laws
- Head of Military
- "Agenda Setter": thru media and ethos
- "Going Public"
President on congress through public eye
Executive Orders
Laws written by presidents when they get into office
(Can be overturned by each new president)
Signing Statements
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
Bureaucracy
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
Agency Capture
Instead of "public intrest" its primarily looking out for agency's best intrest

EXAMPLE: Coal Minning Accident:Bureaucracy agency "overlooked" certain mine
Reprecussion
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
CONGRESS IS LIKE...
FIRE ALARM: Waits for people to bring about problem and then react
Federal Court
-Federal Judges: Nominated judges by president
-Senate must confirm nomonies throuogh "Advice and Consent
-Share ideological views w/ president
Stare Decisis
Supposed to take precedent over ideological views
"What the law says goes"
Legal Model
Strictly law enforced
-NO INTERPRETATION
Attitudinal Model
Ideology based
"Role w/ the punches"
"Interpret as we go"
INTERPRETIVISM
(Majority liberal)
Idea that judges read the constitution and interpret it...a loose judgement

"Judicial Activism"
ORIGINAL INTERPRETIVISM
(Majority Conservative)
Precedent over loose interpretation

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

-Literal view of constitution
"Judicial Restraint"
Amicus Curi
"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"
Writ of Clotore
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***
Rule of Four
A rule employed by the Supreme Court stating that when 4 justices support hearing a case the certiorari petition is granted
(ideology fight)
'IDEOLOGY BORK"
Late 80's;
-Bork (Regans Nomonie)
-senate of democrates didn't accept him becasue he was conservative
REASONS:
#1: Political Polarization
More Liberal vs. More Conservative
#2: Institutionalizing prefrences
Civil Liberties and Civil Rights
Framers goal was to avoid majority tryranny
Supreme Law
Constitution says that rights can not be takin away unless changed
Bill of Rights
Protect Minorities
14th Amendment:
-Gives privilages and immunities to states
-States can not strip away 14th Amendment from citizenz
Selective Incorporation
Process in which Federal gave states "Bill of Rights"' for the people
1st Amendment
Guarantees freedom of religion, speech, assembly, and press, and the right of people to petition the Gov. for redress of grievances
2nd Amenment
***Protect people from federal and state law***

-Right of states to maintain a miltia
3rd Amendment
Risticts quartering troops in private homes
4th Amendment
Exclusionary Rule:
-Obtained evidence illegally therefore it can not be used in court
-Unreasonable search and seizures
5th Amendment
"I plead the 5th"
Self incrimination
(you do not need to answer)
Miranda Rights
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"
6th Amendment
-Right to lawyer
-Right to fair and speedy trial"
-Jury trial
-Right to face accussor
7th Amendment
Right to jury trial in cases involving common law
8th Amendment
Protects against excessive bail or cruel and unusual punishment
Ristrictions on 1st Amendment
FREE SPEECH:
Presents clear and present danger
Obscene
Violates community standard
No artistic value
FREEDOM of PRESS:
No "prior restraint"
ESTABLISHMENT CLAUSE
The right to establish your own religion
LEMON TEST
(3parts)
in violation of "establishment clause"
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
Neutrality Test
ASKS:
"Does this advance a (law/case/paraticular religion) over another?"
Neutrality Test
(Free Exercise Clause)
Must be religiosly neutral
9th Amendment
"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
Grisworld Vs. Conneticut
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.
Roe Vs. Wade
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
Gitlow Vs. New York
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."
Miranda Vs. Arizona
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."
Gideon Vs. Wainright
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.
Planned Parenthood Vs. Casey
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.