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Education (1954) - fourteenth amendment equal protection clause...segregation = bad. Separate inherently brings unequalness. This regards an elementary school. Engel v. Vitale (1962) - The state cannot hold prayers in public schools, even if participation is not required and the prayer is not tied to a particular religion. The Court held that the respondent's provision of the contested daily prayer was inconsistent with the first amendments' Establishment Clause, aka not in agreement with the First Amendment's freedom of religion. Baker v. Carr (1962) - Tennessee. Basically since 1920s, congress lines were frozen bc they capped the house at 435. However, they were too stupid to realize that spatial populations of people do not remain linear, as people migrate and cluster in new areas, and leave the shitter areas behind. Therefore, the urban areas of Memphis and such which had grown exponentially since the few decades prior were given unequal representation in congressional districts. This violated the fourteenth amendment's equal protection clause. Did the Supreme Court have jurisdiction over questions of legislative apportionment? - They decided yes, bc it violated the equal protection clause. Gideon v. Wainwright (1963) - Broke white man = no lawyer when convicted of crime. He had to be his own lawyer. Being broke, he clearly had no law degree and ofc made a fool of himself in the court room and lost the case. Mad, he appealed to the supreme court and court ruled that 6th amendment right to assistance of counsel + equal protection clause of 14th amendment = public defenders! Tinker v. Des Moines Independent Community School District (1969) - Symbolic speech. 1st amendment covers symbolic speech as well. Armbands in school. New York Times Co. v. United States (1971)- new york times started writing the pentagon papers with the private shit from the pentagon, which shouldn't have been released but they had a mole on the inside. The gov got mad and spoke abt prior restraint (aka u can't release stuff thats gonna hurt the security of the country) and the first amendment's freedom of press allows them to publish this. the court said its not valid bc the pentagon papers being published wouldnt really do shit to national security and nixon was being dramatic and butt hurt. Wisconsin v. Yoder (1972) - Established a state law requiring that children attend school past 8th grade violates the parent's right to direct the religious upbringing of their children AMISH PEOPLE (1st Amendment) Roe v. Wade (1973) - ABORTION - The Due Process Clause of the Fourteenth Amendment protects against state action the right to privacy, and a woman's right to choose to have an abortion falls within that right to privacy. Shaw v. Reno (1993) - NORTH CAROLINA GERRYMANDERING DUE TO RACE = RAISE ISSUE WITH THE EQUAL PROTECTION CLAUSE. United States v. Lopez (1995) - boy brings gun to school. Congress had exceeded its constitutional authority under the Commerce Clause when it passed a law prohibiting gun possession in local school zones. McDonald v. Chicago (2010) - Chicago and Oak park in Illinois had gun bans. This decided the 2nd Amendment guarantees the right of the people to keep and bear Arms, applies to state and local governments as well as to the federal government (The Due Process Clause of the 14th Amendment) Citizens United v. Federal Election Commission (2010) - In 2008, a conservative non-profit organization called Citizens United made a film entitled Hillary: The Movie. The film was very negative in its portrayal of then-presidential candidate Hillary Clinton and was clearly intended to influence voters. A lower court ruled that Citizens United's film violated the 2002 Bipartisan Campaign Reform Act's prohibition on "electioneering communication" by a corporation or labor union immediately before an election. Ultimately, the case was broader in scope than the Citizens United's film; the question before the Court was whether restrictions on political spending violated the First Amendment right to free speech. In a 5-4 opinion, the Court ruled that the First Amendment protects political spending by advocacy groups and political action committees and that the BCRA's restrictions on such spending were unconstitutional. In a separate 8-1 vote, the Court upheld the BCRA's disclosure requirements for political spending as well as the prohibition on corporations and unions contributing money directly to political candidates. DOCUMENTS: Federalist 10 -FACTIONS a strong, united republic would be more effective than the individual states at controlling "factions" a large republic will help control factions because when more representatives are elected, there will be a greater number of opinions. Therefore, it is far less likely that there will be one majority oppressing the rest of the people. Federalist 51 - THREE BRANCHES OF GOV - Proposes a government broken into three branches: Executive, Legislative, and Judicial Each branch should be self-sufficient, but each should have some kind of power over the other in order for them to keep eoach other from taking over the government. The Legislative branch needs to be split further into the House of Representatives and the Senate because it's the most powerful branch, and members of the Judicial branch need to be chosen by the President with the Senate's approval because they want qualified candidates for a position that lasts for life. This style of government also helps keep down the power of t, a recurring theme from Federalist 10. BIG IDEA: The Constitution created a competitive policy-making process to ensure the people's will is accurately represented and that freedom is preserved. Federalist 70 - ONE PRESIDENT Argues that unity in the executive branch is a main ingredient for both energy and safety. Energy arises from the proceedings of a single person, characterized by, "decision, activity, secrecy, and dispatch," while safety arises from the unitary executive's unconcealed accountability to the people. Justifies executive strength by claiming that the slow-moving Congress, a body designed for deliberation, will be best-balanced by a quick and decisive executive. Also maintains that governmental balance can only be achieved if each branch of government (including the executive branch) has enough autonomous power such that tyranny of one branch over the others cannot occur. Makes the case for duration, meaning a presidential term long enough to promote stability in the government. Support can be defined as a presidential salary, which insulates government officials from corruption by attracting capable, honest men to office. BIG IDEA: The presidency has been enhanced beyond its expressed constitutional powers. Federalist 78- JUDICIAL REVIEW As "the weakest of the three departments of power," the Judiciary needs strengthening. Without an independent judiciary, any rights reserved to the people by the Constitution "would amount to nothing," since the legislature cannot be relied upon to police itself. lifetime appointments, guaranteed "during good behavior" to insure that judges can resist encroachments from the legislature (to which presumably they would be vulnerable by means of bribes or threats) BIG IDEA: The design of the judicial branch protects the Supreme Court's independence as a branch of government, and the emergence and use of judicial review remains a powerful judicial practice. Brutus 1 - ARTICLES OF CONFEDERATION>CONSTITUTION an Antifederalist series of essays designed to encourage New Yorkers to reject the proposed Constitution the immense power of the federal government requires the people to sacrifice their liberties a bill of rights was necessary to protect the people from the government Congress possesses far too much power: taxation, standing army, taxes, Elastic Clause a free republic cannot exist in such a large territory as the United States Judicial authority will broaden federal government's power (thus, tyranny) Declaration of Independence - RIGHTS OF THE PEOPLE & WHAT THE GOV WILL DO TO PROTECT THEIR RIGHTS: LIFE, LIBERTY, PURSUIT OF HAPPINESS All people created equal (Natural Rights of Life, Liberty, Pursuit of Happiness) Governments are created to protect these rights If Gov't does not protect these rights, then the People have the duty to change/destroy Imperfect gov'ts should not be destroyed, only ones that seek to subject the People to Tyranny (destruction of Natural Rights) BIG IDEA: A balance between governmental power and individual rights has been a hallmark of American political development. Article of Confederation - (shitters) Confederation of states, with an extremely limited central government. limitations placed upon the central government rendered it ineffective at governing the continually growing American states Each state remains sovereign Unicameral legislature, each state one vote No President, No Judiciary Could not force taxation; No standing Army - Shay's rebellion Constitution - Outline of federal gov't structure, powers, and limits to those powers Three branches (L, E, J) [Sep. of P's] that can limit each other [Ch & B's] Federal system of government Constitution as Supreme Law Bill of Rights o 1-8: Individual Rights o 9: Rights not listed are NOT denied to the People o 10: Powers not given to Federal Gov't nor denied to the states are State Powers Other Amendments o Generally, amendments are expansions of Peoples' rights BIG IDEA: The Constitution emerged from the debate about the weaknesses in the Articles of Confederation as a blueprint for limited government. Letter from Birmingham Jail - EQUALITY: EQUAL PROTECTION CLAUSE OF THE FOURTEENTH AMENDMENT "white people don't understand the reality of segregation" King argues that he and his fellow demonstrations have a duty to fight for justice. It is up to the oppressed to take charge and demand equality. Segregation is used to debase one population (blacks) while uplifting another (whites), which makes it immoral in the eyes of God. Immoral laws are laws that are neither just nor fair. According to St. Augustine's logic, unjust laws aren't actually laws, so they don't have to be followed. King believes people are under a moral obligation to oppose segregation by refusing to abide by the so-called laws that govern the practice. White Americans who say they agree with the notion of desegregation but criticize the manner in which civil rights activists go about achieving it are the biggest obstacle standing in the way of racial equality. The demeaning and "paternalistic" attitude of white moderates shows a lack of real understanding about the realities of segregation. It is this group that perpetuates the notion that time, not human intervention, will be the great equalizer-which discourages others to join the campaign for civil rights. The civil rights movement will ultimately be successful because "the goal of America is freedom. BIG IDEA: The Fourteenth Amendment's equal protection clause as well as other constitutional provisions have often been used to support the advancement of equality IMPORTANT CLAUSES: Commerce Clause (Article 1): congress has the power to regulate any business activities that cross state lines (interstate commerce) or affect more than one state or country. Due Process Clause (5th Amendment): The U.S Government must practice equal protection for all citizens and states and is prohibited from depriving any person of life, liberty, or property without the DUE PROCESS of law. Due Process Clause (14th Amendment): The States must practice equal protection for its citizens and residents and cannot deprive any person of life, liberty, or property without the DUE PROCESS of law. This clause has 2 types: procedural and substantive due process. Elastic/Necessary and Proper Clause (Article I): Congress shall have the power to make any laws relating to the powers already prescribed to it under the Constitution. They can do anything "necessary and proper." Equal Protection Clause (14th Amendment): It is forbidden for any state to deny equal protection of the laws to any individual within its jurisdiction. Establishment Clause (1st Amendment): Congress has no power to establish a religion in the U.S. or make any laws "respecting an establishment of religion." Free Exercise Clause (1st Amendment): citizens' right to practice their religion as they please is protected, as long as the practice is in consideration of "public morals" and does not violate "compelling" governmental interest. Extradition Clause (Article IV): If any person who has committed a crime in a state and flees to another country or state, that state or country's government must turn him back to that state. Full Faith and Credit Clause (Article IV): State courts must respect the laws and judgments of courts from other states. Supremacy Clause (Article VI): The constitution and national laws take precedence or have authority over state laws. BILL OF RIGHTS: Amendments 1-10 1. SPARP: Speech, Press, Assembly, Religion, Petition 2. Right to bear arms 3. No quartering of troops 4. Search and seizures without reason 5. Rights of the accused the right to a jury trial when you're charged with a crime, protection against double jeopardy, protection against self-incrimination, the right to a fair trial, and protection against the taking of property by the government without compensation. 6. Right to due process the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you. 7. Right to jury in civil case >$20 8. No excessive bail or cruel and unusual punishment 9. Rights of the people 10. Rights of the states Other amendments: 11. States cannot be sued by non-residents 12. Electoral voters vote for president and vice president separately 13. No slavery except if prison (% compromise -> 3 -> 13th amendment) 14. States can't make laws that infringe on people's rights (Equal protection clause) 15. Universal male suffrage. (granted African American men the right to vote.) 16. Congress can collect income tax (We're 16 and broke bc congress takes all our money) 17. Direct election of senators (1700s= broken country bc of slavery. Senate = broken. 18. Prohibition (alcccc) 19. Women can vote, aka women suffrage (women can only vote in 19 smt) 20. Makes starting time for the president and congress earlier (20 -> January 20) 21. Repeals prohibition (nooo alc) 22. No 3 term president (2 and 2) 23. District of columbia votes in presidential elections (DC has 3 votes) 24. No poll tax 25. Lines of succession for president when they go bye bye 26. 18+ can vote (2 + 6 = 8 ... 26th amendment) 27. Congress pay raise = after next election UNIT ONE: Public Policy: the actions the gov takes to maintain their power and authority over society State Sovereignty: the power individual states have to make their own laws (as long as it doesn't contradict national gov) and responsibility to handle state politics. Domestic Tranquility: General Welfare Liberty Anarchy Autocracy Absolute Monarchy Constitutional Monarchy Dictatorship Oligarchy Artiocracy Theocracy Democracy Direct Democracy Representative Democracy Articles of Confederation Federalists Anti-Federalists Amend Checks and Balances Federalism Congress House of Representatives Senate Jurisdiction Social Contract Mercantilism Olive Branch Petition John Locke Jean-Jacques Rousseau Baron de Montesquieu Natural Rights Separation of Powers Participatory Democracy Pluralist Democracy Interest Groups Elite Democracy Declaration of Independence Continental Congress vs The Continental Convention? International Diplomacy Extradition Commerce Shays's Rebellion The Virginia Plan Three Branches of Government Bicameral Legislature The New Jersey Plan The Great Compromise The Grand Committee Three-Fifths Compromise Commerce Compromise Presidential Compromise Extradition Clause Fugitive Slave Clause Electoral College (Compromise) **Constitution: Preamble Article I: The Legislative Branch Enumerated Powers Commerce Clause Necessary & Proper Clause (Elastic Clause) Article II: The Executive Branch Article III: The Judiciary Article IV: Relations Among States Full Faith and Credit Clause - Article V: Amendment Process Article VI: National Supremacy Article VII: Ratification Process Ratification Federalists No. 10 Brutus No. 1 A Democratic Republic Interstate Relations vs. Interstate compacts Diffusion of power National: Expressed Powers National: Implied Powers National: Inherent Powers National: Denied Powers States: Reserved Powers States: Denied Powers Both: Concurrent Powers National Supremacy Fiscal Federalism Dual Federalism (Layer Cake Theory) Cooperative Federalism (Marble Cake Theory) Federal Grants-in-Aid (Fiscal Federalism) Categorical Grants Block Grants Mandates Unfunded Mandates Writ of Certiorari: This is a request that the Supreme Court order a lower court to send up the record of the case for review Writ of Mandamus: A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to fulfill their official duties properly. UNIT TWO Power of the Purse Gerrymandering Reapportionment House Floor Leaders: Speaker of the House, Majority and Minority Leaders, House Whips (Majority and Minority) Senate Leaders: Vice President and President "Pro Tempore" Senate Majority Leader Caucuses Committees Standing Committees Joint Committees Select Committees Conference Committee Bill ---> Law Proccess Quorum Call Filibuster Roll-Call Vote Cloture President's Role Pocket Veto Line-item Veto Checks on Congress Checks on Judicial Checks on Executive Presidential Qualification Impeachment Executive Order # 9066 Korematsu v. U.S Formal Presidential Powers: Chief Legislator, Commander in Chief, Chief Diplomat, Chief Executive and Administrator, Communicator in Chief, Bully Pulpit Signing Statement War Powers Act Executive Privilege Levels of Federal Judiciary: District, Appellate, Supreme Precedent Bureaucracy Functions of the Federal Bureaucracy: Implementations, Administration, Regulation Independent Executive Agencies Independent Regulatory Commissions Government Corporations Iron Triangle Issue Network Authorization Bills Appropriations Bill Incrementalism Discretionary spending Uncontrollable spending UNIT THREE Civil Liberties Civil Rights Freedom of Speech: allows for public criticism of the government, and First Amendment protects you from the government doing things that try to deny your speech, but not from anyone else. Hate speech Freedom of Religion: First Amendment protects you from the government doing things that try to deny your speech, but not from anyone else. Establishment Clause Free Exercise Clause Political speech Symbolic speech The doctrine of Selective Incorporation 14th Amendments: - - Due Process Clause Equal Protection Clause Substantive Due Process Procedural Due Process Miranda Rights USA FREEDOM ACT (2015) Fourth Amendment: Exclusionary Rule 1st, 3rd, 4th, 5th, 9th, and 14th Amendments give us privacy rights Civil War Amendments: 13, 14, 15, 19, 24, 26 De jure segregation De facto segregation Affirmative Action UNIT FOUR Public Opinion American Political Culture Free Enterprise System Individualism Limited Government Ideology Equality of Opportunity Rule of Law Conservative Ideology Liberal Ideology Libertarian Authoritarian Political Socialization Universe Bradley Effect Bandwagon Effect "Trickle Down" Economics "Pump Priming" Economics UNIT FIVE Rational Choice Voting Retrospective Voting Prospective Voting Party-Line Voting Realignment Why its difficult for a third party to win: Dealignment Plurality System Single-Member districts Incorporation of Platforms Voter Efficacy 4 Linkage Institutions: Political Parties, Interest Groups, Elections, Media Title IX Presidential Election System Superdelagates Incumbent Behavior Attack/Negative Ads Battleground States Sound Bites Mudslinging PACS Super PACS Spin Youth vote Stump Speech Swing Voters Coercion Extortion Loophole Partisan Repeal Spoils System Civil Service Soft Money Hard Money Sunshine laws Horse race journalism Prior Restraint Slander Obscenity prohibited Indecency and Profanity prohibited FCC Regulation Media Consolidation Media Bias Fairness Doctrine Equal Time Rule Right of Rebuttal/Reply' OPENSTAX VOCAB Unit 1- https://quizlet.com/ d5ly3f?x=1qqt&i=3dsaea https://quizlet.com/_d5lzhy?x=1jqt&i=3dsaea common goods goods that all people may use but that are in limited supply American Government and Civic Engagement 1.1 What is Government? 1.2 Who Governs? Elitism, Pluralism, and Tradeoffs 1.3 Engagement in a Democracy democracy a form of government where political power rests in the hands of the people direct democracy a form of government where people participate directly in making government decisions instead of choosing representatives to do this for them elite theory claims political power rests in the hands of a small, elite group of people government the means by which a society organizes itself and allocates authority in order to accomplish collective goals ideology the beliefs and ideals that help to shape political opinion and eventually policy Key Terms intense preferences beliefs and preferences based on strong feelings regarding an issue that someone adheres to over time latent preferences beliefs and preferences people are not deeply committed to and that change over time majority rule a fundamental principle of democracy; the majority should have the power to make decisions binding upon the whole minority rights protections for those who are not part of the majority monarchy a form of government where one ruler, usually a hereditary one, holds political power oligarchy a form of government where a handful of elite society members hold political power partisanship strong support, or even blind allegiance, for a particular political party pluralist theory claims political power rests in the hands of groups of people political power influence over a government's institutions, leadership, or policies politics the process by which we decide how resources will be allocated and which policies government will pursue private goods goods provided by private businesses that can be used only by those who pay for them public goods goods provided by the government that anyone can use and that are available to all without charge representative democracy a form of government where voters elect representatives to make decisions and pass laws on behalf of all the people instead of allowing people to vote directly on laws social capital connections with others and the willingness to interact and aid them toll good a good that is available to many people but is used only by those who can pay the price to do so totalitarianism a form of government where the government is all-powerful and citizens have no rights The Constitution and Its Origins 2.1 The Pre-Revolutionary Period and the Roots of the American Political Tradition 2.2 The Articles of Confederation 2.3 The Development of the Constitution 2.4 The Ratification of the Constitution 2.5 Constitutional Change Key Terms Anti-Federalists those who did not support ratification of the Constitution Articles of Confederation the first basis for the new nation's government; adopted in 1781; created an alliance of sovereign states held together by a weak central government bicameral legislature a legislature with two houses, such as the U.S. Congress Bill of Rights the first ten amendments to the U.S. Constitution; most were designed to protect fundamental rights and liberties checks and balances a system that allows one branch of government to limit the exercise of power by another branch; requires the different parts of government to work together confederation a highly decentralized form of government; sovereign states form a union for purposes such as mutual defense Declaration of Independence a document written in 1776 in which the American colonists proclaimed their independence from Great Britain and listed their grievances against the British king enumerated powers the powers given explicitly to the federal government by the Constitution (Article I, Section 8); power to regulate interstate and foreign commerce, raise and support armies, declare war, coin money, and conduct foreign affairs federal system a form of government in which power is divided between state governments and a national government Federalists those who supported ratification of the Constitution Great Compromise a compromise between the Virginia Plan and the New Jersey Plan that created a two-house Congress; representation based on population in the House of Representatives and equal representation of states in the Senate natural rights the right to life, liberty, and property; believed to be given by God; no government may take away New Jersey Plan a plan that called for a one-house national legislature; each state would receive one vote republic a form of government in which political power rests in the hands of the people, not a monarch, and is exercised by elected representatives reserved powers any powers not prohibited by the Constitution or delegated to the national government; powers reserved to the states and denied to the federal government separation of powers the sharing of powers among three separate branches of government social contract an agreement between people and government in which citizens consent to be governed so long as the government protects their natural rights supremacy clause the statement in Article VI of the Constitution that federal law is superior to laws passed by state legislatures The Federalist Papers a collection of eighty-five essays written by Alexander Hamilton, James Madison, and John Jay in support of ratification of the Constitution Three-Fifths Compromise a compromise between northern and southern states that called for counting of all a state's free population and 60 percent of its enslaved population for both federal taxation and representation in Congress unicameral legislature a legislature with only one house, like the Confederation Congress or the legislature proposed by the New Jersey Plan veto the power of the president to reject a law proposed by Congress Virginia Plan a plan for a two-house legislature; representatives would be elected to the lower house based on each state's population; representatives for the upper house would be chosen by the lower house American Federalism 3.1 The Division of Powers 3.2 The Evolution of American Federalism 3.3 Intergovernmental Relationships 3.4 Competitive Federalism Today 3.5 Advantages and Disadvantages of Federalism bill of attainder a legislative action declaring someone guilty without a trial; prohibited under the Constitution block grant a type of grant that comes with less stringent federal administrative conditions and provide recipients more latitude over how to spend grant funds categorical grant a federal transfer formulated to limit recipients' discretion in the use of funds and subject them to strict administrative criteria Key terms concurrent powers shared state and federal powers that range from taxing, borrowing, and making and enforcing laws to establishing court systems creeping categorization cooperative federalism a style of federalism in which both levels of government coordinate their actions to solve national problems, leading to the blending of layers as in a marble cake a process in which the national government attaches new administrative requirements to block grants or supplants them with new categorical grants devolution a process in which powers from the central government in a unitary system are delegated to subnational units dual federalism a style of federalism in which the states and national government exercise exclusive authority in distinctly delineated spheres of jurisdiction, creating a layer-cake view of federalism elastic clause the last clause of Article I, Section 8, which enables the national government "to make all Laws which shall be necessary and proper for carrying" out all its constitutional responsibilities ex post facto law a law that criminalizes an act retroactively; prohibited under the Constitution federalism an institutional arrangement that creates two relatively autonomous levels of government, each possessing the capacity to act directly on the people with authority granted by the national constitution full faith and credit clause found in Article IV, Section 1, of the Constitution, this clause requires states to accept court decisions, public acts, and contracts of other states; also referred to as the comity provision general revenue sharing a type of federal grant that places minimal restrictions on how state and local governments spend the money immigration federalism the gradual movement of states into the immigration policy domain traditionally handled by the federal government new federalism a style of federalism premised on the idea that the decentralization of policies enhances administrative efficiency, reduces overall public spending, and improves outcomes nullification a doctrine promoted by John Calhoun of South Carolina in the 1830s, asserting that if a state deems a federal law unconstitutional, it can nullify it within its borders privileges and immunities clause found in Article IV, Section 2, of the Constitution, this clause prohibits states from discriminating against out-of-staters by denying such guarantees as access to courts, legal protection, and property and travel rights race-to-the-bottom a dynamic in which states compete to attract business by lowering taxes and regulations, often to workers' detriment unfunded mandates federal laws and regulations that impose obligations on state and local governments without fully compensating them for the costs of implementation unitary system a centralized system of government in which the subnational government is dependent on the central government, where substantial authority is concentrated venue shopping a strategy in which interest groups select the level and branch of government they calculate will be most receptive to their policy goals writ of habeas corpus a petition that enables someone in custody to petition a judge to determine whether that person's detention is legal Unit 2- https://quizlet.com/_d5m3v4?x=1jqt&i=3dsaea Civil Liberties 4.1 What Are Civil Liberties? 4.2 Securing Basic Freedoms 4.3 The Rights of Suspects 4.4 Interpreting the Bill of Rights Key Terms blue law a law originally created to uphold a religious or moral standard, such as a prohibition against selling alcohol on Sundays civil liberties limitations on the power of government, designed to ensure personal freedoms civil rights guarantees of equal treatment by government authorities common-law right a right of the people rooted in legal tradition and past court rulings, rather than the Constitution conscientious objector a person who claims the right to refuse to perform military service on the grounds of freedom of thought, conscience, or religion double jeopardy a prosecution pursued twice at the same level of government for the same criminal action due process clause provisions of the Fifth and Fourteenth Amendments that limit government power to deny people "life, liberty, or property" on an unfair basis economic liberty the right of individuals to obtain, use, and trade things of value for their own benefit eminent domain the power of government to take or use property for a public purpose after compensating its owner; also known as the takings clause of the Fifth Amendment establishment clause the provision of the First Amendment that prohibits the government from endorsing a state-sponsored religion; interpreted as preventing government from favoring some religious beliefs over others or religion over non-religion exclusionary rule a requirement, from Supreme Court case Mapp v. Ohio, that evidence obtained as a result of an illegal search or seizure cannot be used to try someone for a crime free exercise clause the provision of the First Amendment that prohibits the government from regulating religious beliefs and practices Miranda warning a statement by law enforcement officers informing a person arrested, or subject to interrogation, of that person's rights obscenity acts or statements that are extremely offensive by contemporary standards Patriot Act a law passed by Congress in the wake of the 9/11 attacks that broadened federal powers to monitor electronic communications; the full name is the USA PATRIOT Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act) plea bargain an agreement between the defendant and the prosecutor in which the defendant pleads guilty to the charge(s) in question or perhaps to less serious charges, in exchange for more lenient punishment than if convicted after a full trial prior restraint a government action that stops someone from doing something before they are able to do it (e.g., forbidding people to publish a book they plan to release) probable cause legal standard for determining whether a search or seizure is constitutional or a crime has been committed; a lower threshold than the standard of proof needed at a criminal trial right to privacy the right to be free of government intrusion search warrant a legal document, signed by a judge, allowing police to search and/or seize persons or property selective incorporation the gradual process of making some guarantees of the Bill of Rights (so far) apply to state governments and the national government self-incrimination an action or statement that admits guilt or responsibility for a crime Sherbert test a standard for deciding whether a law violates the free exercise clause; a law will be struck down unless there is a "compelling governmental interest" at stake and it accomplishes its goal by the "least restrictive means" possible symbolic speech a form of expression that does not use writing or speech but nonetheless communicates an idea (e.g., wearing an article of clothing to show solidarity with a group) undue burden test a means of deciding whether a law that makes it harder for women to seek abortions is constitutional 5.1 What Are Civil Rights and How Do We Identify Them? 5.2 The African American Struggle for Equality 5.3 The Fight for Women's Rights 5.4 Civil Rights for Indigenous Groups: Native Americans, Alaskans, and Hawaiians 5.5 Equal Protection for Other Groups Key Terms affirmative action the use of programs and policies designed to assist groups that have historically been subject to discrimination Civil Rights American Indian Movement (AIM) the Native American civil rights group responsible for the occupation of Wounded Knee, South Dakota, in 1973 Black codes laws passed immediately after the Civil War that discriminated against freed people and other African Americans and deprived them of their rights Brown v. Board of Education the 1954 Supreme Court ruling that struck down Plessy v. Ferguson and declared segregation and "separate but equal" to be unconstitutional in public education Chicano a term adopted by some Mexican American civil rights activists to describe themselves and those like them civil disobedience an action taken in violation of the letter of the law to demonstrate that the law is unjust comparable worth a doctrine calling for the same pay for workers whose jobs require the same level of education, responsibility, training, or working conditions coverture a legal status of married women in which their separate legal identities were erased de facto segregation segregation that results from the private choices of individuals de jure segregation segregation that results from government discrimination. direct action civil rights campaigns that directly confronted segregationist practices through public demonstrations disenfranchisement the revocation of someone's right to vote equal protection clause a provision of the Fourteenth Amendment that requires the states to treat all residents equally under the law Equal Rights Amendment (ERA) the proposed amendment to the Constitution that would have prohibited all discrimination based on sex glass ceiling an invisible barrier caused by discrimination that prevents women from rising to the highest levels of an organization including corporations, governments, academic institutions, and religious organizations grandfather clause the provision in some southern states that allowed illiterate White people to vote because their ancestors had been able to vote before the Fifteenth Amendment was ratified hate crime harassment, bullying, or other criminal acts directed against someone because of bias against that person's sex, gender, sexual orientation, religion, race, ethnicity, or disability intermediate scrutiny the standard used by the courts to decide cases of discrimination based on gender and sex; burden of proof is on the government to demonstrate an important governmental interest is at stake in treating men differently from women Jim Crow laws state and local laws that promoted racial segregation and undermined Black voting rights in the south after Reconstruction literacy tests tests that required the prospective voter in some states to be able to read a passage of text and answer questions about it; often used as a way to disenfranchise racial or ethnic minorities Plessy v. Ferguson the 1896 Supreme Court ruling that allowed "separate but equal" racial segregation under the equal protection clause of the Fourteenth Amendment poll tax annual tax imposed by some states before a person was allowed to vote rational basis test the standard used by the courts to decide most forms of discrimination; the burden of proof is on those challenging the law or action to demonstrate there is no good reason for treating them differently from other citizens Reconstruction the period from 1865 to 1877 during which the governments of Confederate states were reorganized prior to being readmitted to the Union Stonewall Inn a bar in Greenwich Village, New York, where the modern Gay Pride movement began after rioters protested the police treatment of the LGBTQ community there strict scrutiny the standard used by the courts to decide cases of discrimination based on race, ethnicity, national origin, or religion; burden of proof is on the government to demonstrate a compelling governmental interest is at stake and no alternative means are available to accomplish its goals Title IX the section of the U.S. Education Amendments of 1972 that prohibits discrimination in education on the basis of sex Trail of Tears the name given to the forced migration of the Cherokees from Georgia to Oklahoma in 1838-1839 understanding tests tests requiring prospective voters in some states to be able to explain the meaning of a passage of text or to answer questions related to citizenship; often used as a way to disenfranchise Black voters white primary a primary election in which only White people are allowed to vote The Politics of Public Opinion 6.1 The Nature of Public Opinion 6.2 How Is Public Opinion Measured? 6.3 What Does the Public Think? 6.4 The Effects of Public Opinion Key Terms agent of political socialization a person or entity that teaches and influences others about politics through use of information bandwagon effect increased media coverage of candidates who poll high Bradley effect the difference between a poll result and an election result in which voters gave a socially desirable poll response rather than a true response that might be perceived as racist classical liberalism a political ideology based on belief in individual liberties and rights and the idea of free will, with little role for government communism a political and economic system in which, in theory, government promotes common ownership of all property, means of production, and materials to prevent the exploitation of workers while creating an equal society; in practice, most communist governments have used force to maintain control covert content ideologically slanted information presented as unbiased information in order to influence public opinion diffuse support the widespread belief that a country and its legal system are legitimate exit poll an election poll taken by interviewing voters as they leave a polling place fascism a political system of total control by the ruling party or political leader over the economy, the military, society, and culture and often the private lives of citizens favorability poll a public opinion poll that measures a public's positive feelings about a candidate or politician heuristics shortcuts or rules of thumb for decision making horserace coverage day-to-day media coverage of candidate performance in the election leading question a question worded to lead a respondent to give a desired answer margin of error a number that states how far the poll results may be from the actual preferences of the total population of citizens modern conservatism a political ideology that prioritizes individual liberties, preferring a smaller government that stays out of the economy modern liberalism a political ideology focused on equality and supporting government intervention in society and the economy if it promotes equality overt content political information whose author makes clear that only one side is presented political culture the prevailing political attitudes and beliefs within a society or region political elite a political opinion leader who alerts the public to changes or problems political socialization the process of learning the norms and practices of a political system through others and societal institutions public opinion a collection of opinions of an individual or a group of individuals on a topic, person, or event push poll politically biased campaign information presented as a poll in order to change minds random sample a limited number of people from the overall population selected in such a way that each has an equal chance of being chosen representative sample a group of respondents demographically similar to the population of interest socialism a political and economic system in which government uses its authority to promote social and economic equality, providing everyone with basic services and equal opportunities and requiring citizens with more wealth to contribute more straw poll an informal and unofficial election poll conducted with a non-random population theory of delegate representation a theory that assumes the politician is in office to be the voice of the people and to vote only as the people want traditional conservatism a political ideology supporting the authority of the monarchy and the church in the belief that government provides the rule of law 7.4 Campaigns and Voting 7.5 Direct Democracy ballot fatigue the result when a voter stops voting for offices and initiatives at the bottom of a long ballot Voting and Elections 7.1 Voter Registration 7.2 Voter Turnout 7.3 Elections Key Terms caucus a form of candidate nomination that occurs in a town-hall style format rather than a day-long election; usually reserved for presidential elections closed primary an election in which only voters registered with a party may vote for that party's candidates chronic minority voters who belong to political parties that tend not to be competitive in national elections because they are too small to become a majority or because of the Electoral College system distribution in their state coattail effect the result when a popular presidential candidate helps candidates from the same party win their own elections delegates party members who are chosen to represent a particular candidate at the party's state- or national-level nominating convention district system the means by which electoral votes are divided between candidates based on who wins districts and/or the state early voting an accommodation that allows voting up to two weeks before Election Day Electoral College the constitutionally created group of individuals, chosen by the states, with the responsibility of formally selecting the next U.S. president incumbency advantage the advantage held by officeholders that allows them to win reelection often incumbent the current holder of a political office initiative law or constitutional amendment proposed and passed by the voters and subject to review by the state courts; also called a proposition midterm elections the congressional elections that occur in the even-numbered years between presidential election years, in the middle of the president's term open primary an election in which any registered voter may vote in any party's primary or caucus platform the set of issues important to the political party and the party delegates political action committees (PACS) organizations created to raise money for political campaigns and spend money to influence policy and politics recall the removal of a politician or government official by the voters referendum a yes or no vote by citizens on a law or candidate proposed by the state government residency requirement the stipulation that a citizen must live in a state for a determined period of time before a citizen can register to vote as a resident of that state shadow campaign a campaign run by political action committees and other organizations without the coordination of the candidate straight-ticket voting the practice of voting only for candidates from the same party super PACS officially known as Independent Expenditure-Only Committees; organizations that can fundraise and spend as they please to support or attack a candidate but not contribute directly to a candidate or strategize with a candidate's campaign top-two primary a primary election in which the two candidates with the most votes, regardless of party, become the nominees for the general election voter fatigue the result when voters grow tired of voting and stay home from the polls voting-age population the number of citizens over eighteen voting-eligible population the number of citizens eligible to vote winner-take-all system all electoral votes for a state are given to the candidate who wins the most votes in that state agenda setting the media's ability to choose which issues or topics get attention beat the coverage area assigned to journalists for news or stories The Media 8.1 What is the Media? 8.2 The Evolution of the Media 8.3 Regulating the Media 8.4 The Impact of the Media Key Terms citizen journalism video and print news posted to the Internet or social media by citizens rather than the news media cultivation theory the idea that media affect a citizen's worldview through the information presented digital paywall the need for a paid subscription to access published online material equal-time rule an FCC policy that all candidates running for office must be given the same radio and television airtime opportunities fairness doctrine a 1949 Federal Communications Commission (FCC) policy, now defunct, that required holders of broadcast licenses to cover controversial issues in a balanced manner framing the process of giving a news story a specific context or background Freedom of Information Act (FOIA) a federal statute that requires public agencies to provide certain types of information requested by citizens hypodermic theory the idea that information is placed in a citizen's brain and accepted indecency regulations laws that limit indecent and obscene material on public airwaves libel printed information about a person or organization that is not true and harms the reputation of the person or organization mass media the collection of all media forms that communicate information to the general public minimal effects theory the idea that the media have little effect on citizens muckraking news coverage focusing on exposing corrupt business and government practices party press era period during the 1780s in which newspaper content was biased by political partisanship priming the process of predisposing readers or viewers to think a particular way prior restraint a government action that stops someone from doing something before they are able to do it (e.g., forbidding someone to publish a book they plan to release) public relations biased communication intended to improve the image of people, companies, or organizations reporter's privilege the right of a journalist to keep a source confidential slander spoken information about a person or organization that is not true and harms the reputation of the person or organization soft news news presented in an entertaining style sunshine laws laws that require government documents and proceedings to be made public yellow journalism sensationalized coverage of scandals and human interest stories Bipartisanship A process of cooperation through compromise Political Parties 9.1 What Are Parties and How Did They Form? 9.2 The Two-Party System 9.3 The Shape of Modern Political Parties 9.4 Divided Government and Partisan Polarization Critical Election An election that represents a sudden, clear, and long-term shift in voter allegiances. https://quizlet.com/ 6et7qv?x=1jqt&i=1scowi Key Terms Divided Government A condition in which one or more houses of the legislature is controlled by the party in opposition to the executive First-past-the-post A system in which the winner of an election is the candidate who wins the greatest number of votes cast, also known as plurality voting. Gerrymandering The manipulation of legislative districts in an attempt to favor a particular candidate Majoritarian voting A type of election in which the winning candidate must receive at least 50 percent of the votes, even if a run-off election is required. Majority party The legislative party with over half the seats in an legislative body, and thus significant power to control the agenda Minority party The legislative party with less than half the seats in an legislative body Moderate An individual who falls in the middle of the ideological spectrum Party Identifiers Individuals who represent themselves in public as being part of a party. Party organization The formal structure of the political party and the active members responsible for coordinating party behavior and supporting party candidates Party platform The collection of a party's positions on issues it considers politically important Party polarization The shift of party positions from moderate towards ideological extremes Party realignment A shifting of party alliances within the electorate Party-in-government Party identifiers who have been elected to office and are responsible for fulfilling the party's promises Party-in-the-electorate Members of the voting public who consider themselves part of a political party or who consistently prefer the candidates of one party over the other. Personal politics A political style that focuses on building direct relationships with voters rather than on promoting specific issues Plurality voting the election rule by which the candidate with the most votes wins, regardless of vote share Political machine an organization that secures votes for a party's candidates or supports the party in other ways, usually in exchange for political favors such as a job in government Political parties organizations made up of groups of people with similar interests that try to directly influence public policy through their members who seek and hold public office Precinct The lowest level of party organization, usually organized around neighborhoods. Proportional Representation A party-based election rule in which the number of seats a party receives is a function of the share of votes it receives in an election Reapportionment The reallocation of house seats between the states to account for population changes Redistricting The redrawing Participatory, pluralist, elite model of democracy FREE-RESPONSE QUESTIONS FRQ PRACTICE Concept Application 1. "If trends continue ... Mr. Trump will win or come very close to winning by the convention in July. If party forces succeed in finagling him out of the nomination, his supporters will bolt, which will break the party. And it's hard to see what kind of special sauce... would make them come back in the future. If [he] is given the crown in Cleveland [at the national convention], party political figures, operatives, loyalists, journalists and intellectuals... sophisticated suburbanites and ... donors will themselves bolt....And again it's hard to imagine the special sauce- the shared interests, the basic worldview-that would allow them to reconcile with Trump supporters down the road." -Peggy Noonan, Wall Street Journal, March 5, 2016 B, and C below: After reading the scenario, respond to (A) Describe the nomination process referred to in the scenario. (B) In the context of the above scenario, explain how the process described in part A can be affected by interactions with the media. (C) In the context of the scenario, explain what citizens can do to affect the impact of the interactions between elections and the media. Quantitative Analysis Vetoes Presidential Vetoes Pocket Vetoes Congressional Overrides 36 M.. Reagan 81-89 G.H.W. Bush '89-93 Clinton '93-01 12 G.W. Bush '01-'09 Obama '09-'17 Source: The American Presidency Project, University of California, Santa Barbara 2. Use the bar graph above to answer the questions. (A) Identify the president who rejected the most laws through vetoes. (B) Describe a similarity or difference in the use of the veto as illustrated in the chart. (C) Draw a conclusion about that similarity or difference. (D) Explain how the information represented in the graph demonstrates checks and balances in the lawmaking process. SCOTUS Comparison Sourcebook 3. The Alabama legislature passed laws (1978-1982) that authorized the state's public school teachers to set aside time to conduct a moment of silence for individual students to pray or meditate. Ishmael Jaffree, on behalf of his children who were students in the Mobile, Alabama, schools, filed suit against school and state officials, namely Governor George C. Wallace, seeking to stop such religious observances and "maintaining or allowing the practice of regular religious prayer services or other forms of religious observances" during the school day. In Jaffree's case, Wallace v. Jaffree (1985), the Supreme Court held in a 6:3 decision in favor of Jaffree that Alabama law and this practice were not only a deviation from the state's duty to maintain neutrality toward religion but represented an affirmative endorsement of religion and clearly lacked any secular purpose. (A) Identify the constitutional clause that is common to both Wallace v. Jaffree (1985) and Engel v. Vitale (1962). (B) Based on the constitutional clause identified in part A, explain why the facts of Engel v. Vitale led to a similar holding as the holding in Wallace v. Jaffree. (C) Describe an action that citizens who disagree with the holding in Wallace v. Jaffree could take to limit its impact. Argument Essay 4. Federal judges serve what are referred to as "life terms." Develop an argument to explain whether the existing term of office for members of the federal judiciary is suitable for interpretation of American law. Use at least one piece of evidence from one of the following foundational documents: • Federalist No. 51 • Federalist No. 78 . The Constitution In your response, you should do the following: • Respond to the prompt with a defensible claim or thesis that establishes a line of reasoning. • Support your claim or thesis with at least TWO pieces of specific and relevant evidence - One piece of evidence must come from one of the foundational documents listed above. - A second piece of evidence can come from any other foundational document used as your first piece of evidence, or it may be from your knowledge of course concepts. • Use reasoning to explain why your evidence supports your claim or thesis. • Respond to an opposing or alternative perspective using refutation, concession, or rebuttal.