Lamar University POLS 2302 Exam 1
James Madison
"Father of the Constitution," Federalist leader, and fourth President of the United States.
Burwell v. Hobby Lobby
(2014) Allowed closely-held, for-profit corporations to be exempt from a law its owners religiously object to if there is a less restrictive means of furthering the law's interest.
Article 1
- Power of Congress - Bicameral legislature -HOR; 2 year terms and generate funding -Senate; 6 year term and approve presidential appointments -Supremacy clause; Constitution is SUPREME
American political culture
-A set of basic, foundational values and beliefs about government that is shared by most citizens. Key elements: democracy, equality before the law, limited government, capitalism & private property -The collection of public opinion through polling and interviews
Articles of Confederation
-First constitution, very weak - States retained power -no army, no president and weak national gov - led to shays rebellion
NAACP
-National Association for the Advancement of Colored People -interest group that advocates for African
civil right civil liberty (definition and distinction between the terms)
-law: dispute between individuals and/or companies that do not include criminal acts
Shelley v. Kramer
A 1948 Supreme Court ecision that outlawed restrictive covenants on the occupancy of josing developments by African Americans, Asian Americans, and other minorities. Because the Court decision did not actually prohibit racial discrimination in housing, unfiar practices against minority groups continued until passafe of the Fair Housing Act in 1968.
The Federalist Papers
A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name "Publius" to defend the Constitution in detail.
auxiliary precautions
A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity
freedom-of-choice plans
A school integration plan mandating no particular racial balance
economic equality
A situation where there are only small differences in wealth between citizens
Plessey v. Ferguson
African American who challenged jim crow laws in public transportation; separate but equal clause was created from this case
writ of certiorari
4 supreme court justices have to agree to hear your case
liberty
Freedom from government control
Little Rock Nine
In September 1957 the school board in Little rock, Arkansas, won a court order to admit nine African American students to Central High a school with 2,000 white students. The governor ordered troops from Arkansas National Guard to prevent the nine from entering the school. The next day as the National Guard troops surrounded the school, an angry white mob joined the troops to protest the integration plan and to intimidate the AA students trying to register. The mob violence pushed Eisenhower's patience to the breaking point. He immediately ordered the US Army to send troops to Little Rock to protect and escort them for the full school year.
Jim Crow laws
Limited rights of blacks. Literacy tests, grandfather clauses and poll taxes limited black voting rights
John Roberts
Chief Justice of the Supreme Court
Article 2
Executive Branch and Presidential powers
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
oligarchy
a form of government where a handful of elite society members hold political power
totalitarianism
a form of government where government is all-powerful and citizens have no rights
Monarchy
a form of government where one ruler, usually a hereditary one, holds political power
direct democracy
a form of government where people participate directly in making government decisions instead of choosing representatives to do this for them
democracy
a form of government where political power rests in the hands of the people
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
majority rule
a fundamental principle of democracy; the majority should have the power to make decisions binding upon the whole
confederation
a highly decentralized form of government; sovereign states form a union for purposes such as mutual defense
white primaries
a primary election in which only White people are allowed to vote
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
power map
a visual tool used by social advocates to identify the best individuals to target to promote social change
judicial review
ability to take a law and examine/compare it to the constitution
Supremacy Clause
all laws of national government and constitution is the supreme law of land
Social Contract
an agreement between people and government in which citizens consent to be governed so long as the government protects their natural rights
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
reserve 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
Robert Putnam
argued that a decline in social capital has led to a decline in political participation. Mid-20th century societal changes fueling the decline in social capital: mobility and urban sprawl; technology and mass media; generational change.
Shay's Rebellion
armed uprising led by Daniel Shay due to economic reasons; led that there needed to be a change in our current constitution ( He borrowed money from Massachusetts and could not pay it back)
Shelby County v. Holder
Ruled the preclearance portion of the Voting Rights Act of 1965 unconstitutional for now
Dred Scott v. Sandford
Slave who escaped to illinois and supreme court ruled that slaves were property, not people
LULAC
The League of United Latin American Citizens was a middle-class Mexican American civil rights organization founded in Texas in 1929. It focused on ending segregation in housing, public facilities and schools. what circuit is Texas in
Judiciary Act of 1789
The act Marbury used to go directly to the supreme court in Marbury v Madison
jurisdiction
The authority of a court to hear a case
personal freedom
The right to think and act without government control.
Lawrence v. Texas
case about consensual homosexual activity whether it is legal or not
elite theory
claims political power rests in the hands of a small, elite group of people
pluralist theory
claims political power rests in the hands of groups of people
C. Wright Mills
coined the term sociological imagination
For a test to be in strict scrutiny is has to meet 3 requirements
compelling government interest, narrowly tailored to meet interest, least restrictive means
social capital
connections with others and the willingness to interact and aid them
Marbury v. Madison
created judicial review; Judge did not receive commission after being appointed; supreme court ruled that judiciary act of 1789 and and constitution contradicts itself- marbury loses and Madison win
Seneca Falls Convention
delegates that attended wanted to advance political and social rights for women
Three-Fifths Compromise
every 5 slaves = 3 free persons
Bill of Rights
first 10 amendments of constitution
Article 3
gives congress the authority to create lower courts, Creates the supreme court, Judicial branch
Americans with Disabilities Act
guarantees equal employment rights for disabled Americans
economic freedom
is the ability of people of a society to take economic actions
Black Codes
laws passed immediately after the Civil War that discriminated against freed slaves and other Black people and deprived them of their rights
stare decisis
let the decision stand
amicus curiae briefs
literally a "friend of the court" and used for a brief filed by someone who is interested in but not party to a case
Mendez v. Westminster
outlawed school segregation and was a precedent for Brown v Board of Education
USA DREAM Act
proposal for granting undocumented immigrants permanent residency in stages
minority rights
protections for those who are not part of the majority
New Jersey Plan
representation by equal representation
Virginia Plan
representation by population
de jure segregation
segregation that results from government discrimination
de facto segregation
segregation that results from the private choices of individuals
strict scrutiny
strict test and form of judicial review that that makes sure that a law isn't discriminated based on race
federalism
system of government in which entities such as states or provinces share power with a national government.
political efficacy
the belief that you make a difference and that government cares about you and your views
appellate courts
the court that has the ability to hear the appeal (circuit and supreme)
original jurisdiction
the court that hears the case first and where it originates (comes from district level)
Supreme Court
the highest federal court in the United States
district courts
the lowest federal courts; federal trials can be held only here
appellate jurisdiction
the power of a higher court to review and revise a lower court's decision
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
political equality
the right to participate in politics equally, based on the principle of "one person, one 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
en banc
the term used when the full panel of judges on the appellate court hears a case
selection of federal judges
they are nominated by the president and approved by the senate
Federalists
wanted strong, central (national) government
Anti-Federalists
wanted strong, state government and feared the national government would have too much power
19th Amendment
woman can vote
white flight
working and middle-class white people move away from racial-minority suburbs or inner-city neighborhoods to white suburbs and exurbs
Magna Carta
—a promise to his subjects that he and future monarchs would refrain from certain actions that harmed, or had the potential to harm, the people
Alexander Hamilton
1789-1795; First Secretary of the Treasury. He advocated creation of a national bank, assumption of state debts by the federal government, and a tariff system to pay off the national debt.
John Locke
17th century English philosopher who opposed the Divine Right of Kings and who asserted that people have a natural right to life, liberty, and property.
Elks v. Wilkins
1868 case in which Supreme Court decided Fourteenth Amendment did not grant citizenship to Native Americans
Indian Reorganization Act
1934 - Restored tribal ownership of lands, recognized tribal constitutions and government, and provided loans for economic development.
Korematsu v. U. S
1941--The court upheld the constitutionality of detention camps for Japanese-Americans during World War 2.
Harper v. Board of Elections
1966 case in which Supreme Court declared that requiring payment of a poll tax in order to vote in an election on any level was unconstitutional
republic
A form of government in which the people select representatives to govern them and make laws.
Thurgood Marshall
American civil rights lawyer, first black justice on the Supreme Court of the United States. Marshall was a tireless advocate for the rights of minorities and the poor.
John Marshall
American jurist and politician who served as the chief justice of the U.S. Supreme Court (1801-1835) and helped establish the practice of judicial review.
Arizona v. U. S.
Arizona appealed case decision in which argued that immigration law is exclusively in the federal domain
Thomas Jefferson
Author of the Declaration of Independence, 3rd president
separation of powers
Dividing government power among legislative, executive, and judicial branches
Declaration of Independence
John Locke; Natural/Inalienable rights not a constitution grievances
Brown v. Board of Education
Man wants to enroll his black girls to an all white school because it is closer. He sues and the supreme court overturns stare decisis, separate but equal, and says they can go to equal school if they are truly equal (Separate is unequal)
Obergefell v. Hodges
States obligated to recognize same-sex marriage from other states.