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110 Cards in this Set
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adversary system
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a system of law where the court is seen as a neutral area where disputants can argue the merits of their cases
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affirmative action
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government mandadted programs that seek to create special employment opportunities for African Americans, women, and other victims of past discrimination
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amendment
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addition to the constitution. Amendments require approval by 2/3 of both houses of congress and 3/4 of the states. The first ten amendments make up the bill of rights
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amicus curiae briefs
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"friends of the court" briefs that qualified individuals or organizations file in lawsuits to which they are not a party, so the judge may consider their advice in respect to matters of law that directly affect the cases in question
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appellate jurisdiction
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term used to describe courts whose role is to hear appeals from lower courts
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articles of confederation
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the US's first constitution. The government formed by them lasted until 1781 to 1789. The government under them proved inadequate because it did not have the power to collect taxes from the states, nor could it regulate foreign trade to generate revenue from import and export tariffs
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bicameral
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consisting of 2 legislative houses- house of reps and the senate
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bill of rights
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first 10 amendments of the US constitution, ratified by the states on a case-by-case basis. they gaurentee personal liberties and limits the powers of the government
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blanket primary
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primary election in which voters may select a candidate from any party for each office
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block grant
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federal money given to states with only general guidelines for its use. the states have the authority to decide how the money will e used
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bred and butter issues
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those political issues are specifically directed at the daily concerns of most working class americans, such as job security, tax rates, wages, and employee benefits
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broad constructionism
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belief that the constitution should be interpreted loosely when concerning the restrictions it palces on federal power. It emphasizes the importance of the elastic clause which allows congress to pass laws "necessary and proper" to the performance of its duties
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Brown v. Board of Ed
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the 1954 case in wich the supreme court overturned the "seperate bu equal" standard as it applied to education. In a 9-0 decision the court ruled that "separate by equal" was unconstitutional ( overturned Plessy v Furgeson)
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budget deficit
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condition when federal expenditures exceed revenue
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budget resolution
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set of budget guidelines that must pass both houses of congress in identical form by April 15. the budget resolution guides government spending for the following fiscal year
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categorical grants
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federal aid given to states with no strings attached. to recieve the money; states must agree to adhere to federallu mandated guidelines for spending it
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caucus
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meeting of local party members for the purpose of choosing delegates to a national party convention. the term also refers to a meeting of democratic members of the House of Reps
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census
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the process mandated by the constitution by which the population of the US is officially counted every 10 years. Census data is then used to hel distribute federal money and to reapportion congressional districts
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checks and balances
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the system that prevents any branch of government from becoming too powerful by requiring the approval of more than one branch for all important acts
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civil court
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court in which lawsuits are heard. in contrast criminal cases are heard in criminal court
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civil disobedience
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nonviolent, it requires activists to protest peacefully against laws they believe unjust and to be willing to accept arrest as a means of demonstarting the justice of their cause. the notion was popularized by 19th century American writer Thoreau and practiced by MLK Jr.
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civil liberties
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those protections against government power embodied in the Bill of rights and smaller legislation. civil liberties include the right to free speech, free exercise of relgion, and right to a fair trial
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civil rights
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those protections against discrimination by the government and individuals. civil rights are inteded to prevent discrimination based on race, religion, gender, ethnicty, physical handicap, and sexual orientation
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Civil rights act of 1964
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made segregation illegal in most public places, increased penelties and sentences for those convicted of discrimination in employment, and withheld federal aid from schools that discriminated based on race/gender
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civil service system
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method of hiring federal employees based on merit rather than politic beliefs or allegiances. replace spoils system (pendelton act)
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class action suit
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a lawsuit filed on behalf of a group of people, and whose results affect that group of people as a whole. interest groups such as the NAACP often use these as a means of asserting their influence over policy decisions
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clear and present danger
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interpretation by JUSTCE OLIVER WENDELL HOLMES regarding limits on free speech is it posed clear and present danger to the public or leads to illegal actions
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closed primary
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primary elections in which voting is restricted to registered members of a political party
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cloture
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a motion by the senate to end debate, often used in the event of a fillibuster. A cloture vote requires a three fifths majority of the senate
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coalition
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a combination of groups of people who work together to achieve a political goal. the coalition on which the democratic part rests would be northern urban dwellers. coalitions also form among legislators who work together to advance a particular bill
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commander-in-chief
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the presidents role as leader of all US military forces
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concurrent powers
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powers shared by the federal and state governments
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conference committee
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congressional committee that includes representatives from both houses of congress. they try and resolve issues between the House and Senate versions of bills that have been passed by their respective legislature
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congressional budget office
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congressional agency of budget experts who assess the feasibility of the presidents plan an who help create congress version of the federal budget
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congressional district
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the geographically defined group of people on whose behalf a representative acts in the House of Reps. each state is divided into congressional districts of equal population with larger states having more disctricts and representatives than smaller states. congressional districts are reapprotioned every time a new census is taken
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conservative
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a political ideology that tends to favor defense spending, and school prayer, but disapprove of social programs, abortion, affirmative action, and a large active government. conservatives are generally affiliated with the republican party (party base)
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constitutional convention
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an as of yet unretired method by which the constitution may be amended to call a constitutional convention 2/3 of all state legislatures must petition the federal government
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cooperative federalism
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preeminent form of US federalism since the passaged of the 14th amendment. the 14th initiated the long demise of dual federalism by providing the national government the means to enforce the rights of citizens against infringement. the progressive era, the new deal, and the great society all increased federal incolvement in state government. the result is a system called cooperative federalism in which the national and sttae governments share many powers
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criminal court
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court in which criminal trials are heard
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dealignment
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a recent trend in which voters act increasingly independent of a party affiliation. this is partially the result of TV because candidates can appeal directly to the electorate without relying on their party. one consequence is split tickeet voting which leads to a divided government
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delegated powers
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constitutional powers outlined in the consitiution for the FEDERAL government only
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direct democracy
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all enfranchised citizens vote on all matters of government. in contrast in a rep democracy voters choose representatives to vote for them
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dual federalism
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form of US federalism during the nations early history. during this period the federal and state government remained seperate and independent. what little contact most Ameicans had with government occured on the state level, as the national government concerned itself with international trade, construction of roads, harbors, and railways, and the distribution of public land
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entitlement programs
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social insurance programs that allocate federal funds to all people who meet the conditions of the program. social security is the largest and most expensive. because they are a form of mandatory spending it is incredibly difficult to cut spending
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Equal rights Amendment
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failed constitutional amendment that would have gaurentted equal protection under the law for women in the 1970s
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establishment clause
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prohibits the gov from designating one faith of religion to the US
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exclusionary rule
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rule that prohibits the use of illegally obtained evidence at trial. the supreme court has created several exceptions -objective good faith rule and the inevitable discovery rule
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executive agreement
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agreements made with foriegn nations(pres) same legal binding as treaty but no senate approval ness
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executive privilege
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the right of the president to withhold information when doing so would compromise national secuirty (unwritten consitituion)
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ex post facto laws
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if allowed these laws would punish people for action that occured before before thing was criminalized
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extradition
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process by which gov return fugitives to the jurisdiction they fled
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federalist papers
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a series of essays written by James Madison Alexander Hamilton and John Jay to defend the consitution and persuade americans that it should be ratified. these documents presente the concerns and issues the framers daced as they created a blueprint for the new government
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15th amendment
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1870-prohibited states from denying africa americans the right to vote.. southern states curcumnavigated the 15th and created literacy tests and poll taxes
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fiscal year
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starts october 1. gov budgets go into effect at the beginning of the fiscal year. congress and the president agree on a budget resolution in April to guide government spending for the coming fiscal year
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freedom of information act 1974
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act which declassified gov docs to the public
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front loading
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because early primaries have grown increasingly important in recent years,many states push up their primaries
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Gideon v Wainwright
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supreme court case in which the court ruled that a defendant in a felony trial must be provided a lawyer free of charge if the defendant cannot afford one ( warren court expanding the right of the accused)
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Gramm-Rudman-Hillings Bill (1985)
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set budget reduction targets to balance budget but failed to eliminate loopholes
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Great society
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LBJ's social/ economic program aimed at raising the standard of living for Americas poorest residents. Among the great society reforms are Medicare, Medicaid, Project Head Start, Job Corps, and VISTA
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Griswold v CT
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1965- supreme court decision which the court ruled the constitution implicitly gaurentees citizens right to privacy
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Hatch Act (1939)
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a congressional law that forbade government employees from being fired on partisan grounds; it was revised in 1993 to be less restrictive
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inevitable discovery
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exception to the exclusionary rule that allows the use of illegally obtained evidence at trial if the court determines that evidence would eventually have been found by legal means
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initiative
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process through which voters may propose new laws(progressive era)
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iron triangle
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also called subgovernment. iron triangles are formed by the close working relationship formed by various interst groups, congressional committees, and executive agencies that enforce federal regulations,
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Jim Crow laws
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state and local laws passe din the post reconstruction south to enforce racial segregation and otherwise restrict rights of African Americans
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joint committee
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congressional committee composed of members of both houses of congress usually to investigate and reserach a specific subject
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judicial activism
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court that frequently strikes down or alters the acts of the executive/legilative bodies
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judicial restraint
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actions of a court that demonstrates an unwillingness to break with precedent or to overturn legislative and executive acts
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judicial review
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the power of the supreme court to declare laws unoconstitutional
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killer amendment
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amendment to a bill proposed by it oppentes for a specific purpose of decreasing the bills chance of passage
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legislative oversight
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one of congress's most important tasks. in order to check the power of the exec. congressional committees investigate and evaluate the performance of corresponding exec. agencies and departments
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mandate
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level of support for an elected official as percieved through election results
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marbury v madison
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supreme court decision that established the principle of judicial review
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John Marshall
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third cheif justice of the supreme court (1800-1835) a federalist who worked to increase the powers of the federal government over that states. Marshall established the principle of judicial review
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Miranda v Arizona
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supreme court decision that upon arrest a suspect must be advised of the right to remains silent and the right to consult with a lawyer
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National organization of Women
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feminist political group formed in 1967 to promote legislative change. NOW lobbied for the failed ERA to the constitution
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national security council
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NSC est in 1947 by the presidential advisory board. consults with the president on matters of defense and foreign policy
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objective good faith
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exception to the exclusionary rule, only if the court determines that the police believed they were acting within limits of their search warrant when they siezed the evidence
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OBM
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exec. branch office responsible for drawing up the presidents budget proposal
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Open primary
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voters may vote in whichever party primary they choose though they must select it before they enter the booth
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legislative oversight
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one of congress's most important tasks. in order to check the power of the exec. congressional committees investigate and evaluate the performance of corresponding exec. agencies and departments
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mandate
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level of support for an elected official as percieved through election results
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marbury v madison
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supreme court decision that established the principle of judicial review
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John Marshall
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third cheif justice of the supreme court (1800-1835) a federalist who worked to increase the powers of the federal government over that states. Marshall established the principle of judicial review
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Miranda v Arizona
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supreme court decision that upon arrest a suspect must be advised of the right to remains silent and the right to consult with a lawyer
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National organization of Women
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feminist political group formed in 1967 to promote legislative change. NOW lobbied for the failed ERA to the constitution
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national security council
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NSC est in 1947 by the presidential advisory board. consults with the president on matters of defense and foreign policy
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objective good faith
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exception to the exclusionary rule, only if the court determines that the police believed they were acting within limits of their search warrant when they siezed the evidence
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OBM
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exec. branch office responsible for drawing up the presidents budget proposal
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original jurisdiction
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term used to describe the courts power to intially try a case. courts in which cases are first heard are those with this. by contrast appellate courts hear challeged to earlier decisions
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populists
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politcal party of the late 1800s. the populists primarily represented farmers and working class Americans. they sought inflationary economic policies to increase farm income (direct election of senators)
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pork barrel
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budget items proposed by legislators to benefit constituents in their home state or district.
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privileges and immunities clause
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section of the constit. stating that a state may not refuse police protection or access to its courts to US citizens bc they live in a diff state
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progressive income tax
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increases tax rates for people with higher incomes. those citizens at the poverty level, for example may pay few or no taxes. middle class citizens may be taxed 15% while the wealthy are taxed 2x that. the goal is to allow those with greater need to keep more of what they earn
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quorum
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the minimum number of people required for the legislature to act
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realignment
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occures when a party undergoes a major shift in its electoral base and pol. agenda. the groups of people composing the party coalition may split. rare and tend to be signaled by a critical election. the last realignment occured with the New Deal
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recall election
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process through which voters can shorten an office holders terms. one of several progressive era reforms that increased voters power over government
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referndum
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process through which voters may vote on new laws
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regulatory agency
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exec. agency responsible for enforcing laws pretaining to a certain industry
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reserved powers
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those that only belong to the states.
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runoff primary
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election held btw top 2 vote getters in a primary
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schneck v US
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"clear and present danger"
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shield law
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law guaranteeing news reporters the right to protect their anonymity for their sources (not federal)
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16th amendment
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collect fed. income tax
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soft money
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political donations made to parties for the purpose of general party maintenance and support such as a get out the vote campaigns and ads etc (promote the party not indiviual candidates) banned by BCRA in 2002
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strict constructionist
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constitution should be read in such as way as to limit the power of the federal government as much as possible. empahsize the importance of the 10th amendment which reserves to the states all powers not explicitly given to the fed gov
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24th amendment
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outlawed poll taxes
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22nd amendment
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limited the number of years a pres could serve
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26th amendment
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voting at 18
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Unanimous consent decree
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agreement passed by the senate that establishes the rules under which a bill will be debated amended and voted upon
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