Civil Liberties Bad-tendency rule curtail speech or other 1 st Amd. If it might lead to an evil (Gitlow)
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1 Government/Politics Anarchy no govt-no laws Aristocracy rule by upper class Consent of people - Conservatism belief in less govt Democracy of, by, for the people Direct democracy small political units Divide government Repub/Pres & Dem/Congress Elite theory- small # of people who hold power in their self interest Hyperpluaralism when interest groups become so powerful they dominate political decisions Limited government belief that powers of govt should be limited by the people Majority rule greatest # should decide policy Oligarchy- rule by a few to benefit their own group Popular sovereignty ultimate political authority rests with the people Representative democracy elect people to represent ides (Republic) Universal suffrage every adult votes for representatives The Constitution Anti-Federalist-opposed ratification & strong central govt Bicameral legislature- two houses Checks and balances - Confederation Electoral college Federalist First Continental Congress-1 st gathering of delegates in 1774 Great Compromise NJ & VA plans that created a two houses Judicial Review SC power to declare federal and state laws unconstitutional-marbury v Madison James Madison-father of Const Natural rights Locke life liberty property Second Continental Congress congress of the colonies that established an army (1775) Separation of Powers Supremacy doctrine Elastic Clause Federalism Block grants federal programs that fund state state and local govts for general functioning areas (criminal justice) Categorical grants grants in aid for a specific purpose Commerce clause Constitutional power for Congress to regulate trade Nullification states rights group wanted to nullify federal law Police power reserved for the states ( health, morality etc.) Civil Liberties Bad-tendency rule curtail speech or other 1 st Amd. If it might lead to an evil (Gitlow)
2 Civil liberties - Clear and present danger Equal time rule Establishment clause Exclusionary rule Fighting words Free exercise clause Gag order Heckler s veto Incorporation theory Libel Writ of habeas corpus bring a person before a court and explain why the person is being held in prison Civil Rights Affirmative action Civil law Common law Criminal law Reverse discrimination Public Opinion Opinion polls Political socialization process in which we learn about politics (family, school) Public opinion Solid South Interest Groups Interest group Lobbying PAC Political Parties Factions (Madison) National committee National convention Party ID Party platform Patronage Democratic Party Republican Party Splinter party Whig Party anti Jackson group- pre cursor to the Republican party Campaigns & Elections Australian ballot
3 Bundling Caucus Coattail effect Elector Office block ballot - Party column ballot Presidential primary Registration Soft money Hard money Super delegate Super Tuesday Legislative Branch Bicameralism Cloture Conference committee Direct primary Filibustering Franking Gerrymandering Joint committee Logrolling Minority / Majority Leaders Speaker of House President of pro tempore Reapportionment Rules Committee Seniority system Standing committees Executive Branch Appointment power Commander in chief Executive order Expressed powers Impeachment Inherent powers Kitchen cabinet Pardon Patronage Pocket veto State of Union 12 th Amendment 25 th Amendment War Powers Resolution
4 Judicial Branch Amicus curiae brief Appellate court Case law Class action suit Common law Concurring opinion Dissenting opinion Federal question Judicial activism Judicial restraint Majority opinion Senatorial courtesy Stare decisis Writ of certiorari Economic Policy Keynesian economics Regressive tax Public debt Deficit spending Fiscal policy Foreign/Military Policy Cold War Containment Detent Iron curtain Isolationist policy Monroe Doctrine National Security Council SALT Truman Doctrine State/Local Government Dillon s rule Police power Initiative Referendum Recall
5 Marbury v Madison - Judicial Review McCulloch v Maryland Federal laws superior to state laws; National Bank constitutional Gibbons v Ogden Congress has power to regulate inter-state commerce Everson v Board of Education State aid to parents of parochial school students constitutional Wallace v Jaffree unconstitutional to establish moment of silence for meditation/prayer Engel v Vitale Voluntary, government-written prayer in school is unconstitutional Wisconsin v Yoder State can t enforce school attendance law clashing with (Amish) religious Tinker v Des Moines Black armband protest is a constitutional use of 1 st amendment rights Texas v Johnson Flag-burning protected under 1 st amendment New Jersey v T.L.O 4 th amendment applies to states and schools, but reasonable cause searches, not just probable cause searches, are constitutional in schools Gideon v Wainwright 6 th amendment right to counsel applies in all criminal trials Miranda v Arizona Must inform suspect of rights before interrogation Roe v Wade States can t ban abortion, but as pregnancy progresses, can apply more regulations Dred Scott v Sanford Ruled that African Americans are not citizens & could not sue Plessy v Ferguson Separate but Equal public institutions are constitutional Brown v Board of Education Segregated schools are inherently unequal; overturned Plessy Korematsu v United States wartime amps for Japanese Americans found constitutional Regents of University of California v Bakke Can t use race as the only factor regarding affirmative action Baker v Carr Absurd representational districts must be reapportioned; allowed federal courts to have jurisdiction in apportionment cases Reynold v Sims applied one person, one vote from Wesberry to state legislatures Wesberry v Sanders one person, one vote; congressional districts must be proportional United States v Nixon White House tapes and memos are property of the government Gregg v Georgia The death penalty is constitutional Mapp v Ohio Evidence obtained in violation of 4 th amendment is not permissible in state courts Buckley v Valeo(1976) court declared the a person could spend an undetermined amount of money of elections free speech McConnell v FEC (2003) Campaign finance reform- limiting soft money was constitutional went against some provision In Buckley
6 Federalist #10 Federalist #51 Federalist #78 Amendments 14 th Due Process Clause Bill of Rights
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