POL 120 TEST 2 Chapters 4,5,6+7 Study guide

Plessy v. Ferguson

"separate but equal" doctrine supreme court upheld the constitutionally of jim crow laws

writ of habeas corpus

"you have the body" an order that requires jailers to bring a prisoner before a court or judge and explain why the person is being held

Defense of Marriage Act (DOMA)

(1996) Defines marriage as man-woman. No state is forced to recognize same-sex marriage

Cruel and unusual punishment is prohibited by the __________ __________.

Eighth amendment

actual malice

Either knowledge of a defamatory statement's falsity or a reckless disregard for the truth.

Gitlow v. New York (1925)

Established precedent of federalizing Bill of Rights (applying them to the states); states cannot deny freedom of speech --protected through due process clause of Amendment 14

Mapp v. Ohio

Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court)

our freedom of religion is based on two clauses in the first amendment. These are the _____________________ ______ __________ ________________________ clauses.

Establishment and free exercise

symbolic speech

Expression made through articles of clothing, gestures, movements, and other forms of nonverbal conduct. Symbolic speech is given substantial protection by the courts.

The separate-but-equal doctrine was announced by the supreme court:

Plessy V. Ferguson

Tinker v. Des Moines

The case that ruled that students do not lose Constitutional rights when they entered the building but they can be limited if they cause a disruption

intermediate, or exacting, scrutiny

the standard used by the courts to determine whether a law or government action improperly discriminates against women

the gender gap refers to:

the tendency for women to be more likely to vote for a particular candidate than men

socioecomic status

the value assigned to a person due to occupation or income. An upperclass person, for example, has high socioeconomic status.

If you utter a false statement that harms the good reputation of another, it is called slander and such expression is:

unprotected speech and potential basis for a lawsuit.

the fourteenth amendment requires that no state shall deprive any person of life, liberty, or property without

due process of law

consumer movement

efforts to protect and inform consumers by requiring such practices as honest advertising, product warranties, and improved safety standards

Interest groups have been described as examples of both the

elite and pluralists theories of politics.

Framing

establishing the context of a polling question or a media report. Framing can mean fitting events into a familiar story or activating preconceived beliefs.

Illegally seized evidence is not admissible at trial because of the:

exclusionary rule

The trend in political satisfaction in this country has:

fallen since around 2001

The right to privacy:

has been inferred from other rights by the Supreme Court

When one polling organization's results consistently differ from those of other poll takers, we call this

house effect

When individuals have definite interests, but choose not to become a member of an interest group that represents these interests, their concerns are called

latent interests

USA Patriot Act

law passed due to 9/11 attacks; sought to prevent further terrorist attacks by allowing greater government access to electronic communications and other information; criticized by some as violating civil liberties

Post barriers to African American voting included grandfather clauses, poll taxes, and ____________ ___________________

literacy tests

A difficulty in limiting the effect of lobbying is

many legislators are proud of "pork" spending and are happy to tell their constituents all about it

Direct interest group techniques include:

meeting with officials and making campaign contributions

Some factors that make an interest group powerful include

membership size, financial resources, and cohesion of its members on key issues

Lynching

mob action to murder an accused individual, usually by hanging and sometimes accompanied by torture.

Among the most controversial issues raised by the modern feminist movement are whether pornography should be banned and whether women should have the right to

obtain an abortion

As originally intended, the Bill of Rights limited the powers of:

only the national government

the civil rights act of 1964

outlawed discrimination based on race, color, religion, sex, or national origin

with the possible exception of race, _______________________ _____________________ is the most important determinant of voting behavior in national elections.

party affiliation

If you are influenced in your political attitudes by your friends and co-workers, that means that a _____________ _____________ affects your attitudes.

peer group

transgender persons

persons who experience a mismatch between their gender identity and the gender assigned to them at birth

the same polling question can result in different responses depending on how the question is _______________________

phrased

push polls

polls taken for the purpose of providing information on an opponent that would lead respondents to vote against that candidate

Suffrage

right to vote; franchise

political socialization

the process by which people acquire political beliefs and values

reverse discrimination

the situation in which an affirmative action program discriminates against those who do not have minority status

exclusionary rule

A judicial policy prohibiting the admission at trial of illegally seized evidence.

Chinese Exclusion Act

1882 law that prohibited the immigration of Chinese laborers

Brown v. Board of Education

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.

Equal Pay Act

1963 law that required both men and women to receive equal pay for equal work

New York Times v. Sullivan

1964; established guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made w/ "actual malice" and reckless disregard for the truth

Korematsu v. United States

A 1944 Supreme Court decision that upheld as constitutional the internment of more than 100,000 Americans of Japanese descent in encampments during World War II.

Miller v. California

A 1973 Supreme Court decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a "prurient interest" and being "patently offensive" and lacking in value.

Adarand Constructors v. Pena

A 1995 Supreme Court decision holding that federal programs that classify people by race, even for an ostensibly benign purpose such as expanding opportunities for minorities, should be presumed to be unconstitutional.

Fairness Doctrine

A Federal Communications Commission rule enforced between 1949 and 1987 that required radio and television to present controversial issues in a manner that was (in the commission's view) honest, equitable, and balanced.

suspect classification

A classification, such as race, religion, or national origin, that triggers strict scrutiny by the courts when a law or government action potentially discriminates against members of the class.

Grandfather Clause

A device used by southern states to disenfranchise African Americans. It restricted voting to those whose grandfathers had voted before 1867.

Boycott

A form of pressure or protest—an organized refusal to purchase a particular product or deal with a particular business.

peer group

A group whose members share common social characteristics. These groups play an important part in the socialization process, helping to shape attitudes and beliefs.

Strict Scrutiny

A judicial standard for assessing the constitutionality of a law or government action when the law or action threatens to interfere with a fundamental right or potentially discriminates against members of a suspect classification.

opinion poll

A method of systematically questioning a small, selected sample of respondents who are deemed representative of the total population.

social movement

A movement that represents the demands of a large segment of the public for political, economic, or social change.

Civil Disobedience

A nonviolent, public refusal to obey allegedly unjust laws.

Gideon v. Wainwright

A person who cannot afford an attorney may have one appointed by the government

Affirmative Action

A policy in educational admissions and job hiring that gives special attention or compensatory treatment to traditionally disadvantaged groups in an effort to overcome present effects of past discrimination.

public figure

A public official or any other person, such as a movie star, known to the public because of his or her position or activities.

purposive incentive

A reason for supporting or participating in the activities of a group that is based on agreement with the goals of the group.

material incentive

A reason or motive based on the desire to enjoy certain economic benefits or opportunities.

solidary incentive

A reason or motive that follows from the desire to associate with others and to share with others a particular interest or hobby.

white primary

A state primary election that restricts voting to whites only; outlawed by the Supreme Court in 1944.

Indirect Technique

A strategy employed by interest groups that uses third parties to influence government officials.

literacy test

A test administered as a precondition for voting, often used to prevent African Americans from exercising their right to vote.

Libel

A written defamation of a person's character, reputation, business, or property rights.

commercial speech

Advertising statements, which increasingly have been given First Amendment protection.

Direct Technique

An interest group activity that involves interaction with government officials to further the group's goals.

interest group

An organized group of individuals sharing common objectives who actively attempt to influence policymakers.

gender discrimination

Any practice, policy, or procedure that denies equality of treatment to an individual or to a group because of gender.

affirmative action programs have assisted groups that were discriminated against the past. In educational admissions and employment, these programs have:

Awarded preferences to minority group members

media

Channels of mass communication

Cruzan v. Director, Missouri Department of Health

Court stated that a patient's life sustaining treatment can be withdrawn at the request of a family member only if there is "clear and convincing evidence" that the patient did not want such treatment

agenda setting

Determining which public-policy questions will be debated or considered.

consensus

General agreement among the citizenry on an issue

civil rights

Generally, all rights rooted in the Fourteenth Amendment's guarantee of equal protection under the law.

house effect

In public opinion polling, an effect in which one polling organization's results consistently differ from those reported by other poll takers.

Since 1925, the Supreme Court has gradually accepted the __________ __________ and has therefore extended the Bill of Rights to cover state governments through the Fourteenth Amendment's due process clause.

Incorporation Theory

Common Law

Judge-made law that originated in England from decisions shaped according to prevailing custom. Decisions were applied to similar situations and gradually became common to the nation.

Jim Crow Laws

Limited rights of blacks. Literacy tests, grandfather clauses and poll taxes limited black voting rights

Identify the constitutional rights of those who are accused of a crime, explain the Miranda and exclusionary rules, and describe the current status of the death penalty.

Limits on the Conduct of Police Officers and Prosecutors. Defendant's Pretrial Rights. Trial Rights. Exceptions to the Miranda Rule. As part of a continuing attempt to balance the rights of accused persons against the rights of society, the Supreme Court has made a number of exceptions to the Miranda rule. As one example, in an important 1991 decision, the Court stated that a suspect's conviction will not be automatically overturned if the suspect was coerced into making a confession. If the other evidence admitted at trial is strong enough to justify the conviction without the confession, then the fact that the confession was obtained illegally can effectively be ignored.

the equal rights amendment today requires:

Nothing at all, because the Equal Rights Amendment never passed

opinion leader

One who is able to influence the opinions of others because of position, expertise, or personality. Informal opinion leaders- school, family members, other relatives, and teachers formal opinion leaders- presidents, lobbyists, congresspersons, news commentators, and religious leaders

Latent Interests

Public-policy interests that are not recognized or addressed by a group at a particular time.

de jure segregation

Racial segregation that occurs because of laws or administrative decisions by public agencies.

de facto segregation

Racial segregation that occurs because of past social and economic conditions and residential racial patterns.

prior restraint

Restraining an activity before it has actually occurred. When expression is involved, this means censorship.

The Supreme Court has ruled that the decision as to whether to permit the practice of assisted suicide must be left to the __________.

States

Miranda v. Arizona

Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.

NSA surveillance

Surveillance of people within foreign parties and the U.S regarding recording phone calls and internet communication, controversial over privacy when one of the parties had suspected links to terrorist organizations.

When governments attempt to ban certain types of clothing, gestures, or other forms of expressive conduct, they are attempting to ban ________________ ________________

Symbolic speech

Roe v. Wade

The 1973 Supreme Court decision holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother's health in the second trimester, and permitted states to protect the fetus during the third trimester.

Gregg v. Georgia

The 1976 Supreme Court decision that upheld the constitutionality of the death penalty, stating, "It is an extreme sanction, suitable to the most extreme of crimes." The court did not, therefore, believe that the death sentence constitutes cruel and unusual punishment.

McDonald v. Chicago (2010)

The Second Amendment that allows the people to keep and bear arms applies to state governments as well as the federal one

public interest

The best interests of the overall community; the national good, rather than the narrow interests of a particular group.

Barron v. Baltimore (1833)

The Supreme Court ruled that the due process clause of the Fifth Amendment did not apply to the actions of states. This decision limited the Bill of Rights to the actions of Congress alone.

Political Trust

The degree to which individuals express trust in the government and political institutions, usually measured through a specific series of survey questions.

gender gap

The difference between the percentage of women who vote for a particular candidate and the percentage of men who vote for the candidate.

free rider problem

The difficulty interest groups face in recruiting members when the benefits they achieve can be gained without joining the group.

separate but equal doctrine

The doctrine holding that separate-but-equal facilities do not violate the equal protection clause of the Fourteenth Amendment to the U.S. Constitution.

Labor Movement

The economic and political expression of working-class interests.

Explain how the first amendment's establishment clause and free exercise clause guarantee our freedom of religion

The establishment clause prohibits the establishment of a church that is officially supported by the national government, thus guaranteeing a division between church and state. The free exercise clause constrains the national government from prohibiting individuals from practicing the religion of their choice.

Arraignment

The first act in a criminal proceeding, in which the defendant is brought before a court to hear the charges against him or her and enter a plea of guilty or not guilty.

Specify the limited circumstances in which the national and state governments may override the principles of free speech and freedom of the press.

The first amendment constrains congress from prohibiting the free exercise of religion. Does this free exercise clause mean that no type of religious practice can be prohibited or restricted by government? Certainly, a person can hold any religious belief that he or she wants, or a person can have no religious belief. When, however, religious practices work against public policy and the public welfare, the government can act.

Civil Law

The law regulating conduct between private persons over noncriminal matters, including contracts, domestic relations, and business interactions.

Criminal Law

The law that defines crimes and provides punishment for violations. In criminal cases, the government is the prosecutor.

Feminism

The movement that supports political, economic, and social equality for women.

Establishment Clause

The part of the First Amendment prohibiting the establishment of a church officially supported by the national government. It determines the legality of giving state and local governments aid to religious organizations and schools, allowing or requiring school prayers, and teaching evolution versus creationism.

Free Exercise Clause

The provision of the First Amendment guaranteeing the free exercise of religion. The provision constrains the national government from prohibiting individuals from practicing the religion of their choice.

Slander

The public uttering of a false statement that harms the good reputation of another. The statement must be made to, or within the hearing of, persons other than the defamed party.

service sector

The sector of the economy that provides services--such as health care, banking, and education--contrast to the sector that produces goods.

Rational Basis Review

The standard used by the courts to determine the constitutionality of a law or government action if neither strict scrutiny nor intermediate scrutiny applies.

climate control

The use of public relations techniques to create favorable public opinion toward an interest group, industry, or corporation.

Incorporation Theory

The view that the protections of the Bill of Rights apply to state governments through the Fourteenth Amendment's due process clause.

Very young children may not be charged with crimes because:

They lack the ability to form criminal intent

In 1971, because of the ____________________ _______________________, citizens eighteen and older were given the right to vote

Twenty- sixth amendment

The most significant antiterrorism legislation is the __________ __________ __________.

USA Patriot Act

Cite examples of how recent security concerns have affected our civil liberties.

USA patriot act Roving wiretaps National Security Agency Surveillance Recent Revelations of NSA Activity

sexual harassment

Unwanted physical or verbal conduct or abuse of a sexual nature that interferes with a recipient's job performance, creates a hostile work environment, or carries with it an implicit or explicit threat of adverse employment consequences.

Provide the constitutional basis of the right to privacy, and explain how the principle has been applied to the abortion and right-to-die controversies

When we read the Ninth Amendment, we can see the foundation for his reasoning: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage [belittle] others retained by the people." In other words, just because the Constitution, including its amendments, does not specifically talk about the right to privacy does not mean that this right is denied to the people. In 2003, legislation similar to the Nebraska statute was passed by the U.S. Congress and signed into law by President George W. Bush. In 2007, the Supreme Court, with several changes in membership since the 2000 ruling, upheld the federal law in a five-to-four vote, effectively reversing its position on partial-birth abortions. In Cruzan v. Director, Missouri Department of Health,42 the Court stated that a patient's life-sustaining treatment can be withdrawn at the request of a family member only if there is "clear and convincing evidence" that the patient did not want such treatment

defamation of character

Wrongfully hurting a person's good reputation. The law imposes a general duty on all persons to refrain from making false, defamatory statements about others.

Fisher vs. University of Texas

a case which ruled that strict scrutiny should be applied to determine the constitutionality of a race-sensitive admissions policy.

physician assisted suicide

a form of active euthanasia in which a doctor provides the means for someone to end his or her own life

ex post facto law

a law that inflicts punishment for an act that was not illegal at the time it was committed

bill of attainder

a law that inflicts punishment without a trial

Generational Effect (Cohort Effect)

a long-lasting effect of the events of a particular time on the political opinions of those who came of political age at that time

Roving Wiretaps

a person under suspicion can be monitored electronically no matter what form of communication they use

Voting Rights Act of 1965

a policy designed to reduce the barriers to voting for those suffering discrimination.

Felony

a serious crime punishable in most jurisdictions by a prison sentence longer than one year.

poll tax

a special tax that had to be paid as a qualification for voting. In 1964, the 24th amendment to the constitution outlawed the poll tax in national elections, and in 1966 the supreme court declared it unconstitutional in state elections as well.

Religious displays on public property are

acceptable as part of a broader display that contains nonreligious elements

Lobbyist

an organization or individual who is employed to influence legislation and the administrative decisions of government

The defense of Marriage Act (DOMA) provided for all of the following except: a. states were not required to recognize same sex marriages conducted in other states. b. states were not required to recognize divorces obtained in other states. c. the federal government was barred from recognizing same-sex marriages when awarding benefits or collecting taxes.

b. states were not required to recognize divorces obtained in other states.

Union membership in the United States has

been declining in recent years, except in the public sector

The U.S. Chamber of Commerce is an example of a

business interest group

Some interest groups hire public relations firms to improve the public image of an industry or a group. This is called

climate control

One way to compensate for underrepresented groups in a polling sample is to

compensate by adding extra weight to the responses of the underrepresented group

The Supreme Court has significantly limited the rights of non-citizens in cases that involve:

deportation

When individuals benefit by the actions of an interest group but do not support that group, they are:

free riders

Since 2011, _____ _____ and __________ can openly serve in the U.S. military.

gay men; lesbians

Most lobbying today is undertaken by ____________, who often work in Washington, D.C., law firms.

professionals

Title VII of the Civil Rights Act of 1964

prohibits employment agencies, employers, and unions from discriminating against applicants and employees on the basis of race, color, religion, national origin, or sex. In 1978 it was amended to include discrimination against pregnancy.

Bradenburg v. Ohio

protected freedom of speech politically; KKK member can say whatever he wants as long as there's no clear and present danger "imminent lawless action test"

Divided Opinion

public opinion that is polarized between two quite different positions

majority

the age at which a person is entitled by law to the right to manage her or his own affairs.

public opinion

the aggregate of individual attitudes or beliefs shared by some portion of the adult population

We can best define public opinion as:

the aggregate of individual beliefs shared by some portion of adults

imminent lawless action test

the current standard established by the supreme court for evaluating the legality of advocacy speech. Such speech can be forbidden only when it is "directed to inciting... imminent lawless action"

sampling error

the difference between a sample's results and the true result if the entire population had been interviewed