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.