posc Midterm 2 review

Major areas of expenditure in the California budget

40% k-14 lower education 35% health care and human services 15% CSU and UC 10% correction

differences between CA constitution and US constitituion

Ca: 80,000 words basic structure and policy pronouncements filled with things it shouldn't be filled with but it's easy too US 8,000 basic structure of government 27 amendments

prop 25( 2010 )

Cali constitution required 2/3 vote total membership of all in each house of legislature in order to pass budget

prop 98 (1988)

California instructional and improvement accountability act 40% to k-14 lower education

imminent lawless action doctrine (brandenburg v Ohio)

Law prohibiting wrong doing means of accomplishing political and industrial reform brandenburg, kkk march, revengeange, supressing white caucasian race, taken to court, claimed protection under the 1st amendment won case and new standard to punish only if 3 things are proven intent imminence likelihood

Fundamental freedoms doctrine texas v Johnson

March protest, reagon, mondale who will it be? either one means WWIII, burns american flags, arrested pleased 1st amendment Johnson wins, 1st amendment applies to symbolism as freedome of speech

ca prop 22

Marriage between a man and a woman is valid in march 7, 2000 but struck down in a 4-3 decision for discrimination and on may 15, 2008 same sex marriage is legalized in cali

ca prop 215

Medical use of Marijuana Initiative/ compassionate use act

plural executive

Pres and VP are the ONLY elected federally california is plural executive 12 total - 8 elected statewide 4 regionally elected members of the board of equalization

univeristy speech codes

University regulation or policy line has a harassment policy, student conduct code, posting policy, protects students and teachers.

civil liberties

areas of personal freedom constitutionally protected from gov't interference

recall elections

artical 2 sec 13-19 citizens of california are granted authority to perform a recall only to state and local level officials

barron v baltimore

barron harbor fee that is ruined by baltimore new roads, wants to sue for destroying his livelihood, barron loses case because the 1st amendment didn't apply to state

gerrymandering

bias drawing of district lines in favor of a party

morse v fedrick

bong hits 4 jesus, principle expels fredrick for the pro-drug banner. morse is sued under 42 usc, violating his 1st amendment Fredrick won bc he was not a disturbance and was wrongfully expelled

flat tax

both wealthy and poor pay the equal amount of percentage or rate for taxes

Structural causes of California budget deficits

budget committed to 100 billion, miscalculations cause deficits that we have to recover the losses but we can neither cut spending nor increase taxes

fundamental freedoms doctrine dambrot v central michigan

calls student the N word, gets fired, brings it to court, says he was wrongfully fired claiming 1st amendment because of the vague discrimination policy Dambrot wins case and thus the need for specifity in campus speech policies are encforced

prior restraint

censorship only under the most extraordinary circumstances

fighting words doctrine ( chaplinsky v New hampshire)

chaplinksy was against the war tried to persuade the public, police officer caught him, insulted the police officer, brought to court that he spoke with fighting words Chaplinksy loses case bc the 1st amendment doesn't protect personal insults that could provoke a fight and cause violence to occur.

prop 11 (2008)

citizens redistricting commissions, citizens draw up the boundaries to counter gerrymandering

gitlow v new york

criminal anarchy law passed in NY 1902, gitlow encouraged the overthrow of government, arrested, claimed protection under the 14th said freedom of speech was a liberty. lost case because his speech presented a clear and present danger caused the state and fed to consider the need to protect freedom of speech and follow amendment.

selective incorporation

different protections in the bill a rights were incorporated in 1-14 amendments to protect citizens liberties

ca prop 8

discrimination toward homosexuals obergefell v hodges june 26, 2015 same sex marriage legalized in all states

free exercise clause

first amendment clause protects citizen's right to believe and practice whatever religion he or she chooses.

referendum in california (Mandatory and optional )

form of direct democracy with elected officials Mandatory - before state legislature can change the constitution the people have to vote on what amendments they pass then legislature passes and governor signs Optional - if there is anything at any time people do not agree with law they can veto it

gideon v wainwright

gideon constantly in jail, when he's up for a felony he demands a lawyer and florida denies him one, brings it up in court, wins case, given a representative and a new trial, also allows defendant to appeal conviction if counsel provided was deficient

habeas corprus

given the right to know why they are getting detention, right of prisoner to see evidence against them

eminent domain

gov't take property for public use and payment for compensation

lemon test

government actions toward religion is acceptable only if it is secular.

regressive tax

increase income tax decrease percentage of income pay in tax wealthy pay less, poor pay more

progressive tax

increase income tax increase percentage of income pay in tax wealthy pay more, poor pay less

ex post facto laws (after the facts)

laws that declare action after it has happened, provides protection from being wrongfully taken to jail but only after there is evidence

California governor's powers

legislative powers, director of finances, appointments, veto, charge of state national guard, but can't fire people in plural executive

miranda rule

miranda v arizona, requirement to be informed of their rights to remain silent and rights to counsel

due process clause

no person shall be "deprived of life, liberty, or property without due process of law."

line item veto

partial veto power of executive authority ( pres, gov) usually a budget appropriation bills

tax revolt ( def and death)

people revolted against taxes in the 70s that later turned over with prop 30 when people wanted to increase their taxes.

bill of attainder

prohibits laws that declare a person guilty of a crime without trial

prop 47 (2014)

reduced penalties for crimes and misdemeanors instead of felonies to save budget and space

prop 13 (1978)

reduced property tax rates on homes, businesses, and farms reassessed at 1% of the sales price. Allowed property owners to finally be able to estimate the amount of future property taxes and determine the max amount taxes could increase as long as he or she owned the property

clear and present danger doctrine ( schenck v US)

schenck was against drafting WWI and openly expressed it and mailed out to, violated the espionage act, taken to court, claimed protection under 1st amendment schenck loses case because his speech was a clear and present danger to national interest.

ballot box budgeting

voters choose reforms to the system actual tax increases bc legislature can't do much to resolve budget problems

establishment clause

wall of separation between church and state