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73 Cards in this Set
- Front
- Back
- 3rd side (hint)
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AGENDA BUILDING IDENTIFICATION-
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The process through which issues become matters of public concern and goverment action. -DEFINING THAT WE HAVE AND ISSUE OR PROBLEM
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ACCESS AND REPRESENTATION
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The process of gaining access to elect or administrative officials -GETTING OFFICIALS TO SEE THE PROBLEM.
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SMITH VS. ALLWRIGHT
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Smith wants to vote in white-only primaries. this is a form of Dejure discrimination. SC ruled that primaries were part of the electoral system (and are not private) VIOLATES the 15th amendment. Ruled in favor of Smith as a Dejure Discrimination. voting rights can not be violated by any states on account to race, color or previous servitude.
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Near v. Minnesota
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wrote a scandal sheet that attacked local officials saying that they were gangsters. Officials tried to stopped him from publishing these articles. Near argues that this is freedom of speech. The supreme court rules that the injunction is unconstituional, saying the goverment can not censor or otherwise prohibit a publication in advance. other proceeding is suing the person that says the speech for slander. COULD NOT CENSOR OR OTHERWISE PROHIBIT A PUBLICATION IN ADVANCE.
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BROWN VS. BOARD OF EDUCATION I & II:
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wants education equality. Brown could only go to an african american school. 14th amendment Equal rights under the law. Brown I Supreme Court rules that schools need to be segregated. education belongs to the states not the goverment. Brown II courts ruled all deliberate speed. ENDED SEGREGATION. Reversed Plessy vs. Ferguson. REVERSES FERGUSON 1896 SEPERATED BY EQUAL.
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MAPP V. OHIO
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Arrested in her home for possessiing obscene materials. Police entered illegally searching for her ex boyfriend which was not found. Search warrant was for the arrest of the ex boyfriend not her obscene material. Court ruled that evidence was siezed illegally is not admissible in the court. ESTABLISHED the EXCLUSIONARY RULE. Search warrants must be clear, if they are not then evidence is moot. and therefore thrown out.
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ENGEL V. VITALE
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NY allowed short prayer in school at the beggining of the day. SC overrules. must end daily prayer. in states school. Ruled for the Silent moment 1st AMENDMENT FREEDOM.
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GIDEON V. WAINWRIGHT
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GIDEON charged with a felony for breaking and entering. He can not hire a attorney. An attorney is obligated only in indigents in capital cases. Ruledfor 6th amendment Right to counsel. The state failed to supply an attorney which violated Gideons right to a fair trial and due process.
RIGHT TO COUNSEL AND DUE PROCESS OF 14TH AMENDMENT. |
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GRISWOLD V. CONNECTICUT
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Griswold convicted for giving contraceptive advise to a married couple. SC overruled as a privacy issue, impled rights. The state oversteps their power regarding marital privacy. This violated the 1,3,5,9, and 14 Amendments. RULED privacy issue, Constitutional right to privacy. This case was a precusor to Roe v. Wade.
PRIVACY ISSUE |
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MIRANDA V. ARIZONA
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Miranda was arrested in 1963 Charged with kidnapping and rape. Confessed after 2 hours of interrogation. did not request an atorney none given . sentenced to 20-30 years. SC reversed the decision 5-4. Attorney argued that evidence should be thrown out becasue it was forced even though no violence was used. 5th A Freedoms. -Must know your rights.
5TH AMENDMENT FREEDOM - RIGHT TO REMAIN SILENT. |
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LOVING VS. VIRGINIA
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Loving (white male) denied marriage to Jeter and african american woman in virginia. Ban on interracial marriages . Can the state deny? Supreme Court Ruled- banning interrical marriages, miscengenation. 14th Amendment issue equal rights equal protection clause. For the very first time the court strikes down this law from the state.
14TH AMENDMENT ISSUE . EQUAL PROTECTION CLAUSE. |
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TINKER V. DES MOINES ICSD
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1969- Kids that disagreed with the war and asked to wear black arm banned, and are told they can not wear them. Goes to the SC, 1st amendment case. SYMBOLIC SPEECH. Does the school district's action violate their right. It is an implied right, voted 7-2 vote. the court finds that this expression is a guaranteed protective right.
AN IMPLIED RIGHT. SYBOLIC SPEECH. |
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LEMON V. KURTZMAN
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First amendment state that delt with religion. In Pennsylviania and RI, laws allow assorted financial benefits to teachers in non-public elementary schools and church related schools educational institutions. In the a 3 part test, the LEMON TEST, for a law to be constitutional 1) have a secuar leislative purpose 2) Must neither advancenor hinder religion in any way. 3) Must avoid excessive entanglement with religion. Must give all churches the same benefits. Churches are tax exempt
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MILLER V. CALIFORNIA
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Obsenity case. Conducts mass mailing of adult material, Convicted under the California statue prohibiting the distrubution of "obscene" material. Is this protected under the freedom of speech guarantee? Ruled = 5-4 decision, court ruled that obscene material did not enjoy 1st amendment protection. Established 3 tier test: Prurient interest, depicting in offensive manner, LASP. Mass mailing was the problem. 1) If the material taken as a whole appiles purient to the interest of sex. 2) if the material taken as a whole depicts in an offensive manner 3) lacks literary, scientific, or political value. Gave local goverement the decision to make the desicion.
ESTABLISHED 3 TIER TEST.. PURIENT INTEREST DEPICTING IN OFFENSIVE MANNER LASP. |
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ROE V. WADE
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Privacy issue, right to choose. Does the constitution embrace a woman's right to terminate her own pregnancy by abortion. Griswold: decision gave women totoal autonomy in 1st trimester completely given completely to the mother. and different levels of involvement in the 2nd and 3rd. OVERTURNING 46 STATES ABORTION LAWS. Texas: Gov. Perry signed into law; Sonogram Law (2011)
1) the woman has total autonomy, no goverment involvment. 2) Tri. state can be involved if health of mother is an issue, rape, and incest. Combonation 3) 3rd trimester. states has totl interest to protect the unborn child. the unborn child has rights just like any other citizen of the united states. Has been challenged 40 times and is still inplay. Last summer HB2 mandates ambulitory clinc, and surgical rooms in the clinic. most could not pass the mandation of the clinics. |
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BREWER V. WILLIAMS (1997)
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Christian burial speech, charged with murder of a 10 year old. Took him back to des Moines, officers start talking to each other and talkiing about a family who can not have a christian burial before christmas. Brewer guides them to the body of the little girl. Did Mr. Brewer waive his rights as was told not to say anything and officers had agreed not to ask him questions a violation of the 6th amendment. SC overruled his conviction in 5-4 vote as justices see this as a violation against the 6th amendment self incrimination. CALLED THE CHRISTIAN BURIAL SPEECH. Later Mr. Brewer is convicted of the murder.
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JUREK V. TEXAS(1977)
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CONVICTED of murder and given the death penalty. Challenges the death penalty as crule and unusual punishment. Violation of the 8th amendment. SC said not a violation of the 8th. Texas has lethal injection, which is not seen as cruel and unusual. Teas leads nation with over 400 executions since 1976. CRIMINAL PROCEDURES. 8TH AMENDMENT ISSUE. SC abolished executions in 2008 and is hearing arguments that violates 8th amendment.
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CHURCH OF LUKUMI BABALU AYE V. HIALEAH
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Animal sacrificesas part of their worship, 1st amendment free exercise clause. IN A 9-0 vote the SC help that the ordinancewas neither, neutral or generally applicable. the basic problem was that the ordinace seemed to be crafted specifically for the church and target religious behavior. RELIGIOUS FREEDOM. 1ST AMENDMENT FREE EXERCISE CLAUSE.
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UNIVERSITY OF CALIFORNIA V. BAKKE
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Alan Bakke denied entry 2x Afformative action admission denied him entry, Quota system. Does state have right to establish quotas for entry? SC "reverses discrimination" Alan Bakk was denied because he is anglo and not a minority. 14th amendment. Equal protection clause.
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TEXAS V. JOHNSON (1989)
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BURNS THE american flag at the republican state convention in dallas. Convicted uner state statue. SC reverses as SYMBOLIC SPEECH. Flag is a symbol only. Reverse many state laws regarding desecration of the flag. 1st amendment. The flag is just a symbol.
SYMBOLIC SPEECH |
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US V. LOPEZ. (1995)
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SA edison HS charged with firearm possession on school grounds under state law. NExt day US fed. drops state charge, and applies a federal charge, Free School Zone Act charge under Commerce Clause. Did the federal gov. overstep their authority. Possession of gun on school grounds is not an economic issue, Does not affect iinterstate commerce. FEDS OVERSTEPPED GROUNDS BY GETTING INVOLVED IN STATE MATTER. because they used the wrong clause. Crossed state lines was in commision of a state charge was not in commerce. SC overruled his conviction. and he later joined the marines.
FEDERAL GOVERMENT OVERSTEPPED GROUNDS BY GETTING INVOLVED IN STATE MATTER. |
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BUSH V. GORE
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2000 PRESIDENTIAL ELECTION. Florida SC orders recount of all counties after ordering Leon County. If the county votes are in 1/10 then recount is in order. Disputed ballots. Did florida SC violate art 2. sec1 clause 2. of US constitution by maing new election law. RULED7-2 vote the court sides with BUSH. COURTS CAN NOT MAKE NEW ELECTION LAW BALLOT BY BALLOT, PRECINCT BY PRECINCT ETC. US Court denied florida SC mandate. some ballots were not clear.
COURTS CAN NOT MAKE NEW ELECTION LAW BALLOT BY BALLOT, PRECINCT BY PRECINCT ..ECT |
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BOARD OF EDUCATION V. EARLS
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ALLOWS for drug testing of all students as conditions of participation by students, involved in extra curricular activity. Earl files a lawsuit as a unreasonalble search and seizure. COURT RULED: 5-4 vote. Drug testing in public school students as condition of participation in school activities does not violate the 4th amendment. It is not mandatory that all students partcipation. EARL LOOSES.
UNREASONABLE SEARCH AND SEIZURE? |
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LAWRENCE AND GARNER V. TEXAS
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(LAWRENCE V. TEXAS): LAWRENCE AND GARNER ARE TOGETHER enter apt. because they have a warrant and finding both adults engaged in consensual sex. Both arrested under Texas law against same sex sexual conduct. DOES THE LAW violate the 14th amendment; equal protection and due process. COURT RULED. 6-3 the state law violates due process clause of 14th. State law has no legitimate Govt. purpose. overruled. warrant was for assult.
STATE LAW VIOLATES DUE PROCESS CLAUSE OF TH E14TH AMENDMENT. |
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HAMDAN V. RUMSFELD
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Hamdi held without bail. enemy combatent, HABEAS CORPUS RIGHT most important freedoms. if you are arrested and put in jail gov. must show reason on why you are being held with in the 72 hours of being jailed. : Do "enemy combatants" when confined and interregated enjoyed HAbeas Corpus right. In 8-1 Vote Court RULED american citizens detained as terrorism suspects are entitiled to appear in court and contest the basis of their detention.
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VAN ORDEN V. PERRY
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Thomas van orden (atheist) sues Texas arguing that the ten Commandments monument on grounds of the Texas capital represented an unconstitutional goverment endorsement of religion. The district court , and court of appeals ruled against Orden saying that the monument served as a valid non-secular purpose the monument is historical not religious. COURT RULED 5-4 VOTE that this monument is historical meaning not religious. Orden Looses. MONUMENT AT A HISTORICAL MEANINGS, NOT RELIGIOUS
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MCCREARY COUNTY V. ACLU
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SUES 3 kentucky counties for displaying framed copies of the ten commandments in court houses and public schools. alleging violations of the 1st amndments established of religion. DO ten commandments displays in publc schools of building violates the first amendement. Court Ruled YES. 5-4 vote. ESTABLISHMENT CLAUSE BECAUSE THEIR PURPOSE WAS TO ADVANCE RELIGION.
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KELO V. NEW LONDON TOWNSHIP
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Takings clause the goverment has the right to buy your property. No city did not violate 5th (5-4) the taking of property was seen as public use because it would be used to enhance the city as well as improve economic conditions. It was not merlely taking land to help private individuals, but was part of an economic plan. Eminent Domain. Govt. can sieze property and fairly compensate you, they make decision as to what is fair.
EMINENT DOMIAN. GOVT. CAN SIEZE PROPERTY AND FAIRLY COMPENSATE YOU. THEY MAKE DECISIONS AS TO WHAT IS FAIR. |
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MCDONALD VS. CHICAGO
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(DC HELLER) wants to purchase a gun to protect his safety, Chicago passed a law denying citizens from owning guns within their city limits. 2nd amendment violation, right to bear arms. Chicago argued that crime rates would go down if citizens were denied gun acces. THE COURT RULED in favor of Mcdonald.USSC rules that the right to bear arms is a fundemental and deeply rooted right.
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SYNDER V. PHELPS
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Westboro Baptist Church who picketed at funerals. Family accuses church of invasion of privac and emotional distress for displaying horrible signs about the death of the solider. Does the 1st amendment protect protestors at a funeral from liability for intentionally inflicting emotional distress on the family of the deceased? COURT RULED: reversed the lower courts decisions stating that freedom of speech was paramount, even though some speech may be distasteful.
FIRST AMENDMENT. FREEDOM OF SPEECH THE COURT RECENTLY REVERSED THE LOWER COURTS DECISSIONS, STATING THAT FREEDOM OF SPEECH WAS PARAMONT EVEN THOUGH SOME SPEECH MAY BE DISTASTEFUL. |
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UNITED STATES V. JONES
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Antonine Jones (club owner) was arrested for drug possession after police attached a GPS with out a warrant. Unable to convict on the drug charges, jones was convicted of conspiracy. Jones appealed. 4th amendment. The COURT RULED - 9-0 vote. unreasonable search and siezure. UNRESONABLE SEARCH AND SIEZURE 14H AMENDMENT ISSUE
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ARIZONA VS. US.
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Police are allowed to stop any one that does not look like a legal citizen. the federal goverment a brief to stop the enforcement of this law. Court ruled 5-3 vote. the court allows those to be asked for papers while in the comission of another crime. Otherwise unconstitutional. THE COURT SIDED with the federal goverment and enumerated rights.
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NATIONAL FEDERATION OF INDEPENDENT BUISNESS V. SEBELIUS.
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Affordable healthcare act.
Does congress have the power to require most americans to purchase health insurance. THE FIRST TIME IN HISTORY the goverment mandates that we must buy a unit of commerce. 2) is the indivdual madate severable from the ACA ( affordable care act) ? Did congress exceed its powers under federalism by imposing and threatening to withhold funding? THE COURT RULED: 5-4 decision: chief justice Roberts for the first time compares insurance to a tax. the court upholds all parts of the healthcare mandate. The individual mandate penalty is a tax and is valid Congressional Power. The court als upheld the requirment to mandate the purchase of a unit of commerce. |
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HOLLINGSWORTH V. PERRY
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in 2000, the citizens of california passed Prop 22 affirmiing that marriage was a union between one man and one woman. In 2008, the california SC required the term marriage in include the union of the same sex, and therefore invalidated prop. 22. Later in 2008, Prop. 8 was passed by the people to provide "one man, and one woman" be recognized by california. On behalf of gay couples. Do the petitioners have standing (invested interest) COURT RULED; They did not. The SC held that federal courts only have the authority to decide cases in which there is an actual controversy, which means the complaining party must have suffered a concrete and particularized injury.
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BURWELL V. HOBBY LOBBY
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sUES hobby lobby failure to provide contraceptive benefits as provided in AHA. COURT RULED: 5-4 vote religious freedom restoration act. hobby lobby wins. becaus of their religious
THIS ABLIGATION VIOLATE Religious Freedom Restoration Act |
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Demographics
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The study of populations
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Public Opinion
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the beliefs and attitudes people have about issues. the values and attitudes that people have about issues or events and personalities.
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Who started polling? why do we poll?
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George Gallup; Father of modern polling.
Demographics (study of populations) know who the people are. Horse racing: seeing whos ahead or behind in a campain or poll. |
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What level of polling would give you statistical significance?
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Polls can give you the desire or biased answer based on how you ask the question, who you ask, and the tenor of the question positive or negative.
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What are random sampling Polling?
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Random Polls: the most relieable.
A small group that pollsters select to reflect the entire population is called a sample. |
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What are Sampling error?
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Sampling error plus or minus: the respones may be off 3 points.
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What are push polls?
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try and get you to respond a certain way. Bias polls.
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What are exit polls?
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find definitions
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What is the bandwagon effect?
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Bandwagon effect : ride with winners. support those we know will win
How does it affect political opinion? |
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WHat is the rational choice theory?
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Anthony Downs Rational Choice Theory, Bill clinton was the first to make this theory work by saying he was a conservative democrat. Barak Obama called himslef a Fiscal conservative. find out all of these things through polling. The answer is that political parties will choose the most popular selections to get elected. Choose issues that have a wide appeal and are rational, and voters are as well/ will pick who wil give the best benefits.
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Who are Democrats and what do they statistically believe?
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pro choice, revisionist , liberal, women, heterosexual, same sex marriage. no capital punishment. hispanics. (agree with conservative ideas like pro life) . strict gun regulation. Younger. pro marijuana, inner city
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Statistically.
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Who are republicans, and what do they statistically beleive?
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pro life, conservative, men, homosexual, capital punishment, anglo, christian/catholic. 2nd amendment. older. suburbs or rural areas.
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What President calmed our fears with "fireside chats"
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Franklin D. Roosevelt
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When did media become a less cozy relationship with goverment?
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NEagative media or when it was first televised and became more of a image race. Media can not win with out media, can be in different places at one time. 40% of campain money goes toward media.
MEdia understands its power. policitions can not win with out it. can reach more people in different places. Pervasive, Persuasive, Instant, Negative, Expensive, Protected freedom of press, Superficial, Not substantive |
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How did the Nixon v. Kennedy debate change the vote ?
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Nixon decides hes a mans mans and does not wear makeup, and needed it. JFK was handsome and looked alot better. those who heard it on radio thought nixon should have won, Those who watched it on TV thought JFK Won.. Image means everything.
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How did it change campains forever?
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1960 debates where on the radio. 1960 was the first time a debate was was on the TV, changed the way voters chose their president. IMAGE MEANS EVERYTHING.
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What political ads that we spoke of brought politics to a new low?
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DAISY GIRL: in 1964 President Johnson (the dove) vs. Goldwater (the hawk). Vietnam, cold war, bombs are in play, building bomb shelters, bomb drills. Goldwater was seen as a hawk that was for the war, Johnson showed that if you vote for Goldwater that he will destroy the world.
ITS MORNING IN AMERICA AGAIN: Ronald Regan was running for re-election. Ran ads showing a softer side of America. Did not show any negativity. and did not have any Afican Americans |
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JFK debates Nixon
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before 1960 debates where on the radio. 1960 was the first time a debate was was on the TV, changed the way voters chose their president. Nixon decides hes a mans mans and does not wear makeup, and needed it. JFK was handsome and looked alot better. those who heard it on radio thought nixon should have won, Those who watched it on TV thought JFK Won.. Image means everything.
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JACKIE KENNEDY AD
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1960 showing interest to the Hispanic vote. by doing an ad in spanish, showing they care about hispanics. VIVA Kennedy CLUBs were created
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ITS MORNING IN AMERICA AGAIN
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Ronald Regan was running for re-election. Ran ads showing a softer side of America. Did not show any negativity. and did not have any Afican Americans
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OBAMA SPANISH ADS
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The dream act. 2012 about immigration, and has not done anything about it. but was still bought into all he was saying.
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ROMNEY SPANISH ADS
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Shows all of Obama's promises were BS and the facts are under Obamas office we have actually gotten worse.
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HE'S BARCK OBAMA
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Obama super hero! Fixes everything
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STEWIE
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Mcain and Palin are Nazis or Nazis support Mcain and Palin.
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Why do we Vote or not vote?
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Have your voice heard. Want to make a difference.
Issue based vote, voting on issues and not on the party. We would not participate because we dont like the choices. Or don't care, sometimes issues can be complicated. #1 reason registration confusion. Winner take all state. the person who wins the most votes wins electoral votes. |
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Why do we see split ticket voting more and more ?
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Different parties , vote more on the issues and not on the party or the person running.
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What are forms of dejure and de-facto forms of discrimination?
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Dejure: discrimination by law , statutory law. Intent to keep groups from voting.
example: Poll taxes, in the south $1.50 to register to vote, many people could not afford to vote. Smith vs. Alright. .. Literacy test. Grandfather Clause. > all eleminated. De Facto: Not by law but by FACT. Example: not allowed to dicrimination against gender race, sexual orientation. may not give you a chance because of something you may not like about that person. VOTING DENIALS |
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When did women get the right to vote?
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19th amendment August 18, 1920
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WHEN DID 18 YEAR OLDS GET THE RUGHT TO VOTE?
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26th amendment 1971
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When was the first peaceful transfer of power in the history of work?
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1800 the Jeffersonian Republicans defeated the Federalists and became the dominant force in American politics.
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What did that say about democracy?
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Democracy could work.
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PARTY REALIGNMENT
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Party realignments are rare occurrences associated by catastrophic events, like the Civil War, the Depression ect. Party eras are defined as one party (DOMINATED) era is replaced by another party (dominated) era.
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What was/is the right f suffrage?
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The right to vote; also called franchise. A legal right
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Political Parties
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Organized groups that attempt to influence the goverment by electing their members to improtant goverment offices.
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Electoral Realignment
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the point in history when a new party supplants the ruling party, becoming in turn the dominant politiclal force; in the US. this has tended to occur roughly every 30 years.
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Retrospective Voting
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voting based on the past performance of a candidate or political party.
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Gerrymandering
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Apportionment of voters in districts in such a way as to give unfair advantage to one racial or ethnic group or politiccal party.
Drawing district boundaries in such a way as to serve a particular group's interest. Districts have to be drawn by approximate election . Done every 10 years with the census. Looks at average population not geographic. Drawing district lines to create certain vore. Red or Blue Packing, craking stacking. |
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Standing,
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You must have a invested interest
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