AP Government- Unit 3

# of SCOTUS justices? Always the same?

- 9 - They are always the same (for life), until one dies, then the president appoints a new one.

Requirements to be on SCOTUS

- Article II: President appoints with "advice and consent of the Senate" - Life-time appointments - Serve during "good behavior"

Civil Rights v. Civil Liberties

Civil Liberties: - protects our freedoms as U.S. citizens - Bill of Rights (free speech, religion, protest, lawyer) Civil Rights: - privilege - enforceable rights - protect us from discrimination (race, gender, religion, sexual orientation)

amicus curiae

- A Latin term meaning "friend of the court." Refers to interested groups or individuals, not directly involved in a suit, who may file legal briefs or oral arguments in support of one side. - someone outside of court appeals

Wisconsin v. Yoder (1972)

- Amish students attending school after 8th grade - Free exercise case - Amish students whose parents didn't want them to continue their public education after 8th grade - Amish people are self sustaining, in their own community, a lot of Amish communities are in Pennsylvania, like no technology after a point of time -conflicts with Amish lifestyle/ what they're taught -don't want kids to earn evolution -health education -science classes - court upholds that this is free exercise (allows them) - Religious institution (land is usually tax free) - children don't have social security numbers

Oregon v. Smith (1990)

- Banned the use of illegal drugs in religious ceremonies. Ruled that the government can act when religious practices violate criminal laws. - peyote case (drug) -religious drug use - two people who worked at a care facility and attended religious ceremony that involved drugs - when they went to get tested, indicated that they had drug - were fired and when they applied for unemployment, was not allowed - they argued that they only had drugs because of their religious beliefs (wasn't justified) - went back to this case and ruled that they were allowed

Brown v. Board (1954)

- Compiled from several cases arising in VA, SC, DE, KS, & D.C. involving school segregation in public schools based on race - Argued that segregation was in violation of the Equal Protection Clause of the 14th amendment - SCOTUS Ruled that "separate but equal" facilities were inherently unequal and violated the 14th amendment. This logic instills inferiority in African American kids which can be detrimental to their education and personal growth - SCOTUS ordered that the states end school segregation with "all deliberate speed" and left it up to the states to desegregate their schools - not all states followed desegregation immediately after the ruling

Concurring/Majority/Dissenting Opinion

- Concurring Opinion: Signed opinion from members who agree with the majority view but for different reasons - Dissenting Opinion: Signed opinion from members who disagree with the majority view - Majority Opinion: All justices agree

Independent Executive Agency

- Established by Congress with separate status outside the executive branch - Given more specific responsibilities and generally perform a service function, not a regulatory one. - Some examples include: Social Security Administration, CIA, NASA, EPA. - Closely resemble Cabinet Departments, but have narrower responsibilities - Heads appointed by president - CIA = Central Intelligence Agency - NASA = National Aeronautics and Space Administration

NY Times v. US (1971)

- Free press case - Vietnam war - The Vietnam War wasn't praised in the U.S. - New York Times was not writing about the war with a positive viewpoint - The article was released that did not include sensitive information but had information that should have been private - Nixon uses his executive privilege to prevent it from leaking out into the rest of the press/world - department of defense study allowed to publish article

Masterpiece Cakeshop v. Colorado Civil Rights Commission (2017)

- Gay couple in Colorado went into Masterpiece Cakeshop to ask for a wedding cake - owner of cake shop, Jack Phillips denied their request because he believed that by making a cake for them would go against his religious belief - believed that decorating cakes is a form of art through which he can honor God and it would displease God to create cakes for same-sex marriage - Colorado Civil Rights Commission stated that Phillips did not have to make a cake for the gay couple - While gay people and same-sex couples are given civil rights protections, religious and philosophical objects to same-sex marriage is also protected by the Constitution (Civil Rights vs. Civil Liberties)

Government Corporations

- Government owned businesses created by Congress - May or may not be profitable, but serve a public needs them - Ex: Amtrak, Tennessee Valley Authority, Corporation for Public Broadcasting - Created when financial incentives for private industry to provide services are minimal - Amtrak = Railroad service - Tennessee Valley Authority = Provides electricity, flood control (deals with energy and environment in the Southeast US)

Iron Triangle Relationships

- How interest groups can gain favor with Congress through electoral support: Donate money to political parties Donate money to congressmen Activate the electorate to vote for a congressperson who favors their agenda more than someone else - What Congress can provide for the bureaucracy: Funding (Budget) - How can special favors and regulations from the bureaucracy benefit an interest group? give interest groups more contracts as they build roads build more roads - What can Congress provide for an interest group? Friendly laws - How can the bureaucracy help Congress? How can they hinder Congress? bureaucracy carries out the laws, executes the laws. They can hinder Congress by executing laws with different energy. - How can interest groups influence the bureaucracy? Supporting different agencies or organizations or congress people who might support favorable policies for the bureaucracy. Interest groups can directly lobby Congress.

Independent Regulatory Commission

- IRCs exist to regulate a specific economic activity or interest such as the Federal Communications Commission (public air waves) or Federal Reserve Board (banking system, money supply) - IRCs (supposed) to operate independently from Congress and the President - considered part of the executive branch - created by an act from Congress

Plessy v. Ferguson (1896)

- Louisiana Train Car Act - segregation by race - This was staged. - Homer Plessy - 7/8 white and 1/8 black - 14th amendment violated: equal protection clause - we being separated by race! how is this equal?! - gonna say "separate but equal" (saying one race is not inferior of the other)

Judicial Review

- Marbury vs. Madison (established Judicial Review), protects the rights and freedoms of the people. It prevents the other branches from hurting the people. - Established judicial review (whether or not a law is considered constitutional or not); "midnight judges;" John Marshall; power of the Supreme Court. - Thomas Jefferson beat John Adams in the presidential election. - Before Jefferson took office, Adams and Congress passed the Judiciary Act of 1801 Judiciary Act of 1801: created new courts, added judges, and gave the president more control over appointment of judges. - The Act was essentially an attempt by Adams and his party to frustrate his successor - The appointees were approved by the Senate, but they would not be valid until their commissions were delivered by the Secretary of State. Marbury was appointed justice but didn't receive his commission, petitioned for Madison (secretary of State) to deliver documents. - Congress couldn't do anything when the Judiciary Act conflicted with the Constitution.

NY Times v. Sullivan (1964)

- New York Times published an ad for contributing donations to defend Martin Luther King, Jr. on perjury charges but contained several minor factual inaccuracies. - The city Public Safety Commissioner, LB Sullivan, felt that the criticism of his subordinates reflected on him even though he was not mentioned in the ad. Therefore Sullivan sent a written request to eh Times to publicly retract the information, however - Times refused because they were confused and Sullivan filed a libel action against the Times and a group of African American ministers mentioned in the ad - SCOTUS ruling: -ruled in favor of NYT -To sustain a claim of defamation or libel, the First Amendment requires the plaintiff to show that the defendant knew that they were giving out false information or was reckless in deciding to publish the information without investigating whether it was accurate.

Title IX

- No person in the United States, shall on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity receiving federal financial - Prevent sex based discrimination - Part of Educations Amendment Act in 1972 - Sports -Women receive scholarships equal to their participation -Equitable opportunities to participate in sports (Baseball = Softball) -Equipment & supplies -Appropriate response to allegations of sexual assault and harrassment -Equitable opportunity for extracurricular activities -Athletic scholarships -Transportation -Locker Rooms/Practice & Competition facilities -Trainer services -Publicity

Lemon v. Kurtzman (1971)

- Pennsylvania and Rhode Island adopted statues that provided for the state to pay for aspects of non-secular, non-public education - The appellants in the Pennsylvania case represented the citizens and taxpayers in the - state who believed that the statue violated the separation of church and state described in the First Amendment - In the Rhode Island case, the appellees were citizens and taxpayers of Rhode Island who - sued to have the statue in questions declared unconstitutional by arguing that it violated the Establishment Clause of the First Amendment - SCOTUS Ruling: -Court held that a statue must pass a three-pronged test in order to avoid violating the Establishment Clause: -Must have a secular legislative purpose -It's principal or primary effect must be one that neither promotes no inhibits religion -It must no foster "excessive government entanglement with religion" -Court stated that both state statues in question had a secular legislative purposes because they reflected the desire of the states to endure minimum secular education requirements were being met in the non-public schools

Schenck v. US (1919)

- Schenck is distributing a magazine saying that people shouldn't join the WWI draft - Government takes issue with what he is doing because they needed people to fight for country - SCOTUS states that this rhetoric presents a clear and present danger, therefore they will allow for restriction of speech and restriction of the press - They equate this to yelling fire in a theater when there is no fire - The more freedom, the less security = the less security, the less freedom

Cabinet Departments

- The 15 cabinet departments are headed by a cabinet secretary appointed by the president and approved by the Senate. - Each department "expert" in specific policy area - Each department has its own budget - Department of Homeland Security, created in 2002, is newest department

Freedom Act

- The Freedom Act ended phone collection of phone records. Instead of phone collection by the government, telephone companies will hold on to phone records. - The only way that government agencies can access these records is by getting a court order from a secret federal court to get an individual's data. - Aspects of the Patriot Act that the Freedom Act retained roving wiretaps and the lone wolf provisions. - What has been improved with the Freedom Act by changing Section 215 so then the federal agencies can get your information if they really wanted but they cannot snatch up everyone's information at the same time. The new law requires federal agencies to be more transparent, disclosing more about what is going on while also providing privacy advocates for any large requests. - The loophole that was found in the Freedom Act is section 702 of the FISA Amendment Act. Edward Snowden revealed that the FBI and NSA can now spy on anyone deemed a cybersecurity threat even if they are not tied to a foreign government without a warrant. As well, the prism program which can collect our internet data which completely dwarfs phone call data and warrantless surveillance of non Americans and anyone communicating with them. There is also the executive order 12333, which is a secretive decree that the NSA uses to justify digital surveillance worldwide.

McDonald v. Chicago (2010)

- The Second Amendment right to keep and bear arms for self-defense is applicable to the states - gun control - 2nd Amendment - 14th Amendment (Due Process) - gunfire zone act

Civil Rights Act of 1964

- Title VIl: hiring/firing, fringing benefits, and promotions, etc. - end segregation (discrimination in public spaces: buses, water fountains, restaurants, bathroom, theaters, housing, marriage) - Article 7: employment/housing

Libel

- Written - to publish false statement about someone that's damaging to their reputation

Roe v. Wade (1973)

- abortion - Jane Roe filed a lawsuit against Henry Wade challenging a Texan law making aboriton. - illegal except by a doctor's orders to save a woman's life - Roe said that the state laws were unconstitutionally vague and violated her right of personal privacy which is a violation of the first, fourth, fifth, ninth, and fourteenth amendments - SCOTUS ruled in favor of Jane Roe saying that the Due Process clause is a fundamental "right to privacy" which protects and woman's choice to have an abortion - Established that a pregnant woman can have an abortion without excessive government restriction -› abortion becomes legalized

Loving v. Virginia (1967)

- ban on inter-racial marriage - go to D.C to get married and go back to Virginia: denied their marriage rights like tax breaks - 14th amendment: Equal Protection Clause to get rid of ban on racial marriage

Reynolds v. US (1878)

- ban on polygamy (getting married to multiple people) - want to ban polygamy because the state regulates marriage licenses (etc.) - yes this is a practice, but since we have laws in the U.S. that go against this, and since it's recognized that the government controls it, they won't allow it - some states have and some states don't (Ex). Utah allows polygamy

Gideon v. Wainwright (1963)

- charge with breaking and entering - didn't have lawyer representing him (even though he requested one, attorney did not do so because it wasn't a capital case) so he represented himself and failed - In prison he filed a habeas corpus arguing that the court's decision violated his constitutional right to be represented by a counsel - SCOTUS ruled in favor of Gideon - Sixth Amendment is a guarantee of counsel is an fundamental and essential right by the Due Process clause and guarantees the accused the right to the assistance of counsel in all criminal prosecutions and requires courts to provide counsel for defendants unable to hire counsel, unless the right was completely and intelligently waived

Patriot Act

- created to combat terrorism - 3 main provisions under the Patriot Act that were set to expire in 2015: 1. Section 215, which was the phone data collection provision: This allowed the NSA to collect and store phone records from thousands of Americans who weren't under investigation by the federal government 2. The "Lone Wolf" provision: This allowed surveillance of people who don't have ties to terrorists groups 3.The "roving wiretaps" provision: allowed one wiretap order to cover multiple ways of communication that the suspect might use. - controversial because it included all kinds of new rules and amendments, particularly ones about surveillance and national security- Bill that had no amendments made to it

Establishment Clause

- government can't promote religion - separation between church and state

DC v. Heller (2008)

- illegal to carry an unregistered firearm in DC, also prohibited registration of handguns though the chief of police could issue one-year licenses for handguns - Cod contained provisions that required owners of lawfully registered firearms to keep them unloaded and disassembled or bound by a trigger lock or other similar device unless the firearms were located in a place of business or being used for legal recreational activities. - Heller was a special police officer in D.C. authorized to carry a handgun while on duty -applied for one-year license for handgun to keep at home but was denied -sued D.C. -sought an injunction against enforcement of relevant parts of the Code and argued violating Second amendment right to bear arms - district courts dismissed complaint - U.S. Court of Appeals for DC Circuit reversed and held that Second Amendment protects right to keep firearms in home for self defense and D.C.'s requirement violates that right - Decision: - the ban on registering handguns and the requirement to keep guns in home disassembled or nonfunctional with a trigger lock mechanism violates the Second Amendment - Stated in the second amendment: all able bodied men were able to serve in the militia to protect themselves from the government, therefore that means that any individual has a right to possess and carry weapons for protection

Voting Rights Act of 1965

- no literacy tests - Grandfather Clause (if your grandfather can vote, you can't vote even if you can't read —> exception for the poor uneducated whites) - Federal Pre-Clearance: if you want to change voting laws, you have to do it before a certain time, otherwise u have to get it through federal government - poll taxes

Tinker v. Des Moines (1969)

- nonviolent protesting armbands in schools, freedom in schools - Supreme Court case that stated that students do not lose their freedom of speech rights in high school. Students wore black armbands to protest the Vietnam War. - Student's rights with free speech in public schools - The students were told they could not return to school until they agreed to remove their armbands. - The students returned after the Christmas break without armbands, but in protest, they wore black clothing for the remainder of the school year — and filed a First Amendment lawsuit. - Ruled that students are able to wear armbands to school - There are limits, but as long as they don't "materially disrupt" the functioning of their school, it is a fundamental right.

Engel v. Vitale (1962)

- prohibited state-sponsored prayer - Establishment Clause (separation church + state) - kids are moldable since they are little

West Virginia Board of Education v. Barnette (1943)

- salute the flag, pledge of allegiance - Establishment Clause - Cannot promote one set of religious beliefs, however students would come in and salute the flag as they recite the pledge of allegiance - said that this goes against some of the religious beliefs and the court will protect their religious belief - Violates the Establishment Clause, cannot force the students to recite the pledge

Dred Scott v. Sanford (1857)

- slave in Missouri - resided in Illinois, free state (1833-1843) - went back to Missouri, filed suit for his freedom (now a free man) -lost suit -no African American can be a citizen -SCOTUS Ruling: -African American or descendant of slave can't be a citizen -considered property

Brandenburg v. Ohio (1969)

- speech that does not call for illegal action is protected, and even speech that does call for illegal action is protected if the action is not "imminent" or there is reason to believe that the listeners will not take action - Brandenburg, a leader of the KKK, made a speech at a rally on an Ohio criminal syndicalism law -The law made illegal advocating "crime, sabotage, violence, or unlawful methods of terrorism as a means of accomplishing industrial or political reform" as assembling "with any society, group, of assembling of prisons formed to teach of advocate the doctrines of criminal syndicalism" -SCOTUS ruling: - Ohio law violated Bradenburg's right to free speech - used two-pronged test to evaluate speech acts, that 1 - speech can be prohibited if it is "directed at inciting or producing imminent lawless action" and 2 - it's "likely to incite or produce such action" -criminal syndicalism act made illegal the advocacy and teaching of doctrines while ignoring whether or not advocacy and teaching would incite imminent lawless action, which made this distinction render the law overly broad and in violation of the Constitution

Slander

- spoken - making a false spoken statement about someone that's damaging to their reputation

Rule of 4

4 out of the nine justices must agree to grant certiorari before the case can be reviewed by the Supreme Court. 4 judges because it allows for all opinions on the bench to be heard

Which of the following scenarios would be considered a violation of the rights of someone accused of a crime, according to the Supreme Court?

A person who is unable to afford an attorney is tried and convicted of a crime without legal representation. Explanation: The Sixth Amendment guarantees the accused the right to an attorney, even if they cannot afford one. This scenario would be a violation of the person's constitutional rights.

Which of the following would most likely be protected by the First Amendment?

A student wears a black armband at school to protest government involvement in a war. Explanation: This scenario is based on an actual case, Tinker v. Des Moines (1969), in which the Supreme Court ruled that the First Amendment protects nonverbal, symbolic speech by students who are protesting the Vietnam War.

Writ of Certiorari

An order by a higher court directing a lower court to send up a case for review

Writing for the court in Regents of the University of California v. Bakke (1978), a case weighing whether race can be considered in college admissions, Justice Lewis Powell wrote: "Preferring members of any one group for no reason other than race or ethnic origin is discrimination for its own sake. This the Constitution forbids. . . . The . . . goal asserted by petitioner is the attainment of a diverse student body. This clearly is a constitutionally permissible goal for an institution of higher education. . . . The freedom of a university to make its own judgments as to education includes the selection of its student body." According to the quote, what is the likely effect of the Court's ruling in the Bakke case?

Colleges can consider race but cannot use strict racial quotas in admission practices.

Congress is most likely to exert oversight of the executive bureaucracy in which of the following ways?

Controlling an executive agency's annual budget

De Jure and De Facto Segregation

DeJure: - by law - EX) transportation, Grandfather Clause (if u couldn't read, ur grandfather could vote, you could also vote) —> literacy test, voting DeFacto: - social norms (not a law) - red lining: real estate (showing different races different areas, segregating society in that way) - policing - hiring practice

Equal Protection & Due Process in Letter from a Birmingham Jail

Equal protection: - Not being treated the same based on their skin color (faced discrimination) Due Process: - All citizens shall not be deprived of life liberty and property without due process of law African Americans cannot be deprived of their natural rights unless the law says that it is not right

Federal vs. State jurisdiction

Federal Court: - cases concerning the constitutionality of an action or law - US v Senate - State v Citizen of another state - Case concerning 2 or more states - Maritime disputes - Civil suits under federal law (plaintiff v defendant) State Courts: - Family law - Probate - Most criminal cases (crimes against society) - Contact cases

Dual Court System

Federal and state courts. Federal courts hear "all cases arising under the Constitution and US laws" Everything else is left of the states to hear.

To which level of government did the Bill of Rights originally apply?

Federal government only

Texas v. Johnson (1989)

Flag-burning is symbolic speech with a political purpose and is protected by 1st Amendment.

The United States Supreme Court decision in Brown v. Board of Education of Topeka was based on which of the following?

Fourteenth Amendment's guarantee of equal protection

SCOTUS

Highest court in the federal system, 9 justices, meeting in Washington DC, appeals jurisdiction through certiorari process, limited original jurisdiction over some cases

Appeals Courts

Immediate level in the federal system (only appellate jurisdiction)

In Engel v. Vitale (1962), which of the following provides the legal reasoning behind the Supreme Court's ruling?

It ruled that the state had no justifiable interest to compel students to listen to a nondenominational prayer led by public school teachers, finding a clear establishment clause violation. Explanation: The Supreme Court ruled in Engel that public school teacher-led prayer violated the establishment clause because of the perceived authority and position of the teacher as an employee of the state.

stare decisis

Let the decision stand; decisions are based on precedents from previous cases

Fed 78

Lifetime appointments- Hamilton says that if judges were to have to worry about being elected for the next election, the judge would not be making decisions based on the Constitution or the law, they would be making decisions based on the people's opinions. This would be inaccurate because they are supposed to uphold the law, not please people. Therefore if judges served for life, they wouldn't have to worry about anything else but upholding the law. The goal is to keep them free of political pressure. It's not easy to find justices (people who are capable of the job) so it makes sense to keep them for longer. If we kept on rotating the judges, the interpretation of the Constitution would constantly be changing and confusing people. People wouldn't know which direction to follow. Weakest branch- They don't possess the power of force or will. All they can give is judgment. They can't take action by creating a law or whatnot and they can't influence the strength or wealth of people in society. The judicial branch can't control the "sword" (president has the power of the sword) which means enforcement/having power, or the "purse" (Congress has the power of the purse) which refers to money. They have no direct action to influence society and policy (can't force people to bend in their will). Powers of the court- The power of the judiciary to declare void any legislative acts that were contrary to the Constitution is that power is necessary to uphold the Constitution. He said that judicial review protects the rights and freedoms of the people. It prevents the other branches from hurting the people. The court is limited in what they can do to directly influence society, but also has the power to judge situations based on the law.

District Courts

Lowest level in the federal system (original jurisdiction over most cases, no appellate jurisdiction)

The Federalist No. 78 says, "A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body." In which of the following decisions did the Supreme Court use an argument most similar to the one in The Federalist No. 78 ?

Marbury v. Madison (1803) Explanation: In The Federalist No. 78, Hamilton is arguing for the Supreme Court to have the power of judicial review, which is the power of the Supreme Court to rule something unconstitutional. This power was established in Marbury v. Madison in 1803.

Which of the following scenarios best explains the inclusion of Title IX as part of the Education Amendments of 1972 ?

Members of Congress added the amendment to the bill in response to social movements seeking to address inequality in education for women. Explanation: Title IX reflects a concern over women's equality and followed a political social movement that supported women's equality in the late 1960s and early 1970s.

Original vs. Appellate Jurisdiction

Original: trial court that hears a case for the first time Appellate: when a court hears an appeal from a lower court decision

Appointment to SCOTUS

President appoints with "advice and consent of the Senate"

Pros and Cons of Federal bureaucracy

Pros: The bureaucracy is slow but I also think that sometimes it's necessary in order to keep everything in check and running smoothly. Cons: The federal bureaucracy is that it is very big and involves a lot of people, is very slow (takes a lot of time), things do get done, and some people don't get hired based on expertise but rather by connections. It wastes a lot of time.

Types of Speech

Protected Speech: - pure speech: verbal expression of through and opinion before audience that chooses to listen - speech plus: actions like parading and demonstrating or picketing to communicate a set of ideas in which the audience may be hostile - symbolic speech: using symbols to express one's opinion (like flag) Unprotected Speech: - obscenity: indecency, lewdness, or offensiveness in behavior, expression of appearance - fighting words - libel - slander

Equal Protection Clause

states are required to provide all citizens within their jurisdiction protection under the law

Chief Justice

Role: - Position evolved by tradition - Judicial philosophy, leadership style shapes the court Duties: - Impeachment trials - Most seniority regardless of years on court - Chairs conferences - Sets meeting agenda - If in majority, assigns who will write majority opinion Chief Justice will preside over a president's impeachment trial

The Supreme Court ruled in McDonald v. Chicago (2010) that a citizen's right to keep and bear arms at home for self-defense is protected from state and federal infringement. Which of the following is most relevant to that decision?

Selective incorporation Explanation: Selective incorporation is the application of the rights contained in the United States Constitution to the states. It was used in the McDonald case to incorporate the Second Amendment to the states.

Strict Scrutiny

Supreme Court test to see if law denies equal protection because it doesn't serve a compelling state interest and is not narrowly tailored to achieve that goal

Due Process Clause

state governments may not circumvent the law to deny a person their legal rights (like literacy tests)

Which of the following scenarios best illustrates the process of bureaucratic rule making?

The Department of Veterans Affairs rewrites its regulations regarding compensation and pensions into plain language that is easier for beneficiaries to understand. Explanation: This describes an example of rulemaking in that the Department of Veterans Affairs is changing how it fulfills its mandate. In this instance, the Department is clarifying the rules that inform beneficiaries about the distribution of their compensation and benefits.

The United States Supreme Court has used which of the following to incorporate the Bill of Rights into state law?

The Fourteenth Amendment

Creating inferior federal courts

The constitution allows Congress to create "inferior" federal courts (limited jurisdiction over smaller, summary matters with lower monetary threshold than intermediate courts of each state and territory)

The Washington Post receives a top secret report that details how the executive branch mishandled a deal made with a foreign nation regarding nuclear weapons. The executive branch attempts to stop the publishing of the report, but the publishers cite the precedent in New York Times Company v. United States (1971) establishing which of the following legal rules?

The heavy presumption against prior restraint Explanation: New York Times Company v. United States (1971) established the idea of a heavy presumption against prior restraint, affirming that the government could not engage in censorship without demonstrating how the release of information could negatively affect national security.

Which of the following is true of independent regulatory agencies?

They tend to be freer from presidential control than are cabinet departments.

Message/Purpose of Letter to Birmingham Jail

This letter was written in response to the white clergymen calling MLK's nonviolent tactics "unwise and untimely". MLK felt it was necessary to answer this specific statement since he felt that they were "men of genuine good will and that [their] criticisms were sincerely set forth". Wanted the white clergymen to understand their perspective of why they wanted to go forward with nonviolent protests.

The Supreme Court upholds a law passed by Congress as constitutional. The chief justice states in the majority opinion that previous decisions supporting Congress' power to make laws based on the commerce clause of the Constitution were the basis for the decision. Which of the following legal concepts did the chief justice apply in writing the opinion?

stare decisis Explanation: Stare decisis is the concept that decisions should be based on precedent.

Implementation

carry out laws of Congress, executive orders of the President

The clear-and-present danger test devised by the Supreme Court was designed to define the conditions under which public authorities could

limit free speech Explanation: The plurality opinion of the Court in the Bakke case did uphold affirmative action but placed limits on college admission practices, namely, using racial quotas to admit a certain number of minority candidates.

The Fourteenth Amendment to the Constitution has been interpreted by the Supreme Court to

make most rights contained in the Bill of Rights applicable to the states

Citizenship Clause

all born in U.S. are citizens

Precedent

an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances. - Using a past court decision to justify a current decision on a case.

Lobbyists from the Airlines for America, an advocacy group that represents commercial airlines, work with members of the House Committee on Transportation and Infrastructure and officials from the United States Federal Aviation Administration (FAA) to discuss a new policy that addresses issues of airline safety. This scenario best illustrates

an iron triangle Explanation: An iron triangle is a relationship between bureaucrats from an executive agency, a congressional committee, and a special interest group that work together in one specific area of policy making.

Selective Incorporation

constitutional doctrine that ensures that states can't create laws that infringe or take away constitutional rights of citizens

The Nineteenth Amendment to the Constitution, the Equal Rights Amendment, and Title IX of the Education Amendments of 1972 were all directed toward the goal of

equality for women

Affirmative Action

government or private program designed to redress historic injustices against specific groups by making special efforts to provide members of these groups with access to educational and employment opportunities

Regulation

issue rules and regulations that impact the public (ex: EPA sets clean air standards)

The 1973 Roe v. Wade decision that upheld a woman's right to secure an abortion was based on the right to

privacy implied in the Bill of Rights

Free Exercise Clause

protects religious beliefs and practices so that you can practice your religion in any way

Circuits

regions (courts of appeals)

Administration

routine administrative work; provide services (ex: SSA sends social security checks to beneficiaries)

Gitlow v. New York (1925)

selective incorporation - extended protections from federal to state government

The passing of the Voting Rights Act of 1965 is a significant political event because it

was instrumental in increasing the number of African American and other minority voters