Jordan - Old American Government Terms

open primary

2nd type of primary election. election where all voters may participate, even if they do not belong to the party, but they can vote in only one party's primary

classifications of crimes

3 groups: petty offenses, misdemeanors, an felonies

writ of habeas corpus

A court order that requires police to bring a prisoner to court to explain why they are holding the person

national convention

A gathering of party members and state and local officials who assemble once every four years to nominate candidates for president and vice president.

ward

A large district comprising several adjoining precincts

exclusionary rule

A law that prohibits the use of illegally obtained evidence in a criminal trial. First established in Weeks v. United States (1914). Rule not applied to state courts until Mapp v. Ohio (1961)

one-party system

A political system in which one political party controls the government and party leaders set government policy. Usually found in nations with authoritarian governments. They are formed when political parties or the military take power by force.

caucus

A private meeting of party leaders of a political party to select candidates. Seemed undemocratic to most people because most party members had no say.

interact

A process by which forces work together or influence or relate to each other; Constitution set legal ground rules for state relations. These rules promote cooperation.

runoff primary

A second primary election held when no candidate wins a majority of the votes in the first primary

Bull Moose Party

A third party made by Roosevelt in the election of 1912. He drew Republican votes away from Howard Taft, which allowed Democratic candidate Woodrow Wilson to get elected.

image

The way that a candidate is presented to voters, primarily from TV, the internet, etc. Significant resources are spent trying to "package" a candidate for TV appearances.......from political commericals, to interviews, to debates.

grand jury

These are a group of citizens who review the charges to determine if enough evidence exists to bring the suspect to trail. They are conducted in secret, and the defendant can't have a lawyer there.

Public funding for third-party candidates

They can receive if their party must have received at least 5 percent of the vote in the previous presidential election

residency

determined as where one lives; for example some states require you to live in a state for a certain period of time before being able to vote there or to be eligible for ceratin benefits -- liek to practice medicine, or get charged lower tutition rates for college

full faith and credit

each state must recognize laws (public acts), records, and court decisions (judicial proceedings) from other states; for example a car registration issued in another state. This clause only applies to civil laws, not criminal laws. States can't enforce another state's criminal laws

proportional representation

election system used by many nations where several voters are elected to represent voters in one area. Offices are filled in proportion to the votes that each party's candidates receive. It encourages minority parties.

patronage

favors, usually to party members (like jobs, contracts, government positions)

test 2

test 2

state central committee

the most important part of a party in each state. it chooses the party state chairperson and generally follows the wishes of the governor, a U.S. Senator, or some other party leader powerful in state politics. It mainly helps elet the party's candidates for state government offices

criminal justice system

the system of state and federal courts, judges, lawyers, police, and prisons responsible for enforcing criminal law

American Independent Party

third party in 1968. Drew 13.5 percent of vote and many believe it allowed Republican candidate Richard Nixon to win.

test

this is a test

judicial proceedings

this refers to the outcomes of court actions affecting civil matters, such as judgements to pay debt; court actions in one state are honored in all states; for example, if person in Texas loses a lawsuit and has to pay money and moves to Kansas (to try not to pay), Kansas courts will enforce the Texas decision

extradite (extradition)

to return back to a state or country; For example a person is commits a crime in Maryland, but is arrested in Virginia. Criminal has a right to stand trial in Maryland; Article IV Section 2 provides for the extradition of fugitives. Congress has made the Governor of the state to which fugitives have fled responsible for returning them. Supreme Court softened the meaning by saying the Governor did not have to return teh fugitive. Congress has tried to close the loophole by making it a federal crime to flee from one state to anotehr to avoid prosecution for a felony (major crime).

single-issue party

type of third party. focuses on one major social, economic, or moral issue. usually short-lived because it might fade away when an issue is no longer important or it becomes irrelevant because it gest adopted by a major party

ideological party

type of third party. has a set of ideas on how to change society overall rather than focus on a single issue. examples -- party believing that government should own factories, transportation, resources, farmland, etc. Or government should be reduced in size to increase personal freedoms

splinter party

type of third party. it splits away from one of the major parties because of a disagreement. typically it results over the major party's nominee for the president.

precinct captain

volunteer who organizes party workers to distribute information about the party and its candidates to attract voters to the polls

precinct

voting district ranging in size from just a few voters to more than 1000 voters, and all of whom vote at the same polling place

plurality

when a number of votes cast for a candidate is greater than the number of votes for any other candidate but not necessarily a majority

Initial Appearance

when a person is arrested they are brought before the judge as quickly as possible, usually within 24 hours, so that the judge can explain the charges against them and read them their rights. The defendant is usually asked to enter a plea (say whether they are guilty or not guilty) and the judge decides a punishment or sets a date for a trial (if they say not guilty)

coalition government

where several political parties combine forces to obtain a majority.

two-party systems

where two political parties compete for power. Example is the United States (Republicans and Democrats)

Payton v. New York

1980 case in which the Supreme Court ruled that except for life threatening emergencies, the 4th Amendment forbids searching a home without a warrant.

New Jersey v. T.L.O

1985. Supreme court case in which it was decided that a student or their property may be searched if there is "probable cause" for doing so.

California v. Acevedo

1987. Court ruled that Police may search a container in a car without a warrant if they have probably cause to believe it holds contraband or evidence.

Whren v. United States

1996 case. supreme court now permitted searches of a suspect's vehicles that police had stopped for traffic

Steps in criminal cases

(1) Investigation and arrest (2) Initial appearance before a judge (3) preliminary hearing and grand jury (4) plea bargaining (5) arraignment and pleas (6) the trial (7) the decision (8) sentencing

presidential nomination process at national convention

(1) chairperson does alphabetical roll call of the states, and chairperson of each state calls out the delegates' votes (2) the candidate receiving the majority of the votes becomes the nominee (3) if no candidate wins the majority, further roll calls are taken until one delegate changes his or her vote or drops out

Political Party Functions

(1) recruit candidates (2) educate the public (3) operate the government (4) dispense patronage (5) becomes the loyal opposition (6) reduce conflict

criticisms of the presidential primaries

(1) they extend too long in an election year (from February to June); (2) image of the candidates more important than the issues,

FEC Election Laws for the Internet

(1) web site operators must identify themselves online, even if they are individual citizens. (2) web sites working independent of official campaigns must register with the FEC if they spend $250 or more on the site. (3) official candidate and party sites receive contributions electronically and must follow reporting procedures.

Powell v. Alabama

(1932) The Supreme Court ruled here that the right to counsel was required by law in death penalty trials.

Betts v. Brady

(1942) Court held that states did not have to provide a lawyer in cases that did not involve the death penalty

Olmstead v. United States

1928; Upheld wiretapping without a warrant. Overturned by Katz v. United States

Escobedo v. Illinois

1964--Ruled that a defendant must be allowed access to a lawyer before questioning by police.

Miranda v. Arizona

1966 Supreme Court decision that sets guidelines (called the Miranda rules) for police questioning of accused persons to protect them against self-incrimination and to protect their right to counsel.

Omnibus Crime Control and Safe Streets Act

1968 act that said that almost all federal, state, and local authorities had to get a court order to conduct a wiretap

closed primary

1st type of primary election. election where only the members of a political party can vote.

Interstate relations

Article IV (4) of the Constitution requires states to: (1) give "full faith and credit" to the laws (public acts), records and court decisions (judicial proceedings) of other states; (2) give each other's citizens all the "priviledges and immunities" of their own citizens; (3) extradite criminals and fugitives that flee across state lines to escape justice

Bipartisan Campaign Reform Act

BRCA. 2002. Banned soft money donations to national political parties, but raised the limit for individual direct donations.

Candidate selection methods

Can be one or more: (1) caucus, (2) nominating convention, (3) primary election (direct primary), or (4) petition

Interstate Compacts

Cooperative written agreements made between states, subject to congressional approval, to address mutual problems, and enforceable by the Supreme Court. The national government or foreign countries may also be part of an interstate compact

presidential primaries

Elections in which a state's voters go to the polls to express their preference for a party's nominee for president. Most delegates to the national party conventions are chosen this way.

single-member districts

Electoral district from which one person is chosen by the voters for each elected office. Nearly all officials in US elected under this system. No matter how many candidates compete in a district only one will win.

inevitable discovery

Exception to the exclusionary rule that allows the use of illegally obtained evidence at trial if the court determines that the evidence would eventually have been found by legal means

Political parties

Exists at national, state, and local levels. Separate authority exists at each level. Each level hires its own officers. The national party can't give orders to the state or local parties.

Federal Election Commission

FEC. Created by 1974 amendment to FECA. Establishes FEC as an independent agency in the executive branch to administer federal election laws. Records of campaign contributions must be kept and those of over $100 must be reported to the FEC.

Federal Election Campaign Act

FECA. 1971 act. Provides regulations to campaign financing. It requires public disclosure of a candidate's spending, federal funding for presidential elections, prohibits labor unions and businesses from making direct contributions, and limits how much groups and individuals can contribute.

Foreign Intelligence Surveillance Act

FISA. Limited when the government can use electronic surveillance without a warrant. Patriot Act does this too.

soft money

In past elections, campaign contributions with no limits and unregulated by FECA, usually given to parties by PACS to help fund general party activities like voter registration drives and party mailings. The money benefited campaigns without money ever given directly to the candidates.

political action committee

PACs. Groups that are established to raise money to support candidates or parties. They are limited by FECA, like individuals, by how much they can donate to a single candidate in one election cycle (includes the primary and general elections)

Investigation and Arrest

Police trying to gather enough evidence to convince a judge to issue an arrest warrant for a suspect of the crime

campaign manager

The head of a campaign organization. The person responsible for the overall strategy and planning of a campaign. For the national office, he handles relations with the media, manages finances, advertising, opinion polls and campaign materials.

electoral votes

The method of voting that is used to choose the U.S. president. Each state has the same number of electoral votes as it has members in congress (house and senate combined). By tradition, electoral voting is tied to a state's popular voting. The candidate with the most popular votes in a state (or, in a few states, the most votes in a congressional district) receives its electoral votes. Candidate must win 270 of the 538 electoral votes -- a simple majority. The larger a states population the more electoral votes it has.

self-incrimination

The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. The Fifth Amendment forbids self-incrimination.

indictment

a formal criminal charge

theocracy

a government run by religious officials

political party

a group of people with broad common interestswho organize to win elections, control government, and thereby influence government policies.

Gideon v. Wainwright

a landmark case in United States Supreme Court history. In the case, the Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys.

counsel

a lawyer. 6th Amendment guarantees a defendant the right to get assistance from of counsel for his defense.

double jeopardy

a person can not be tried twice for the same crime. 5th Amendment states this. Exceptions include if crime violates both state and federal law, or if a single act involves more than one offense, or when a jury trial fails to agree on a verdict, or the defendant makes an appeal to a higher court

petition

a signed request by a specified number of voters to place a candidate on the ballot. some states require all candidates to file (submit) petitions

platform

a statement of a party's principles, beliefs, and positions on important issues; and it states how the party will deal with these issues

information

a sworn statememnt by the prosecution asserting that enough evidence exists to go to trial. This is used instead of a grand jury indictment in misdemeanor cases and many felonies today because the grand juries are viewed as taking too much time and costing too much money.

independent

a voter not supporting any political party

nominating convention

an official public meeting of a party to choose candidates for office. Eventually moved away from these because of the "bosses"

arrest warrant

an order signed by a judge naming the person to be arrested for a specified crime

third party

any party other than one of the two major parties; they rarely win elections and are often called "minor" parties; they believe that neither of the major parties is doing the job; they often promote new ideas that get adopted by the major parties; often have financial problems because campaigns require lots of money

ticket

candidates for president and vice president selected by the delegates of the 50 states

public acts

civil laws passed by state legislatures

party county chairperson

handles county party daily affairs; has a great deal of power in the county, usually determines which candidate receives the party's support

party state chairperson

helps the state central committee elect the party's candidates for state government offices

preliminary hearing

in this case, the prosecution presents its case to a judge instead of a jury. The defendant's lawyer may also present evidence.

planks

individual parts of the platform that address each specific issue

national committee

large group comprised mainly of representatives from the 50 state party organizations, runs the party.

criminal law

law that defines crimes and their punishments; in criminal law cases, the government is always the prosecutor, and the defendant is the person charged.

civil law

laws relating to disputes between individuals, groups, or with the state.

party national chairperson

manages daily operations of the national party; usually he is the choice of the party's president candidate; raises money for the party, highlights achievements, and promotes national, state, and local party cooperation

petty offenses

minor crimes such as parking illegally, littering, disturbing the peace, driving over the speed limit, minor trespassing, etc. Punishment is usually a ticket or citation (an official summons to appear before court).

misdemeanors

more serious crimes such as vandalism, stealing inexpensive items, writing bad checks for modest amounts of money, or being drunk and disorderly. Punishments can be fines or jail, usually for a year or less.

multiparty systems

system where more than one political party exists; typically they have wide varying ideologies; one party rarely gets enough support to control the government. Nations with this system are often unstable.

priviledges and immunities

one state can't discriminate unreasonably against the citizens of another state -- they must have the same priviledges and immunities as citizens of that state.

bosses

powerful political leaders who chose delegates and controlled nominating conventions

direct primary

primary election in which party members choose the candidates who will run in the general election; some states still have caucuses and nominating conventions alongside the primaries.

Preliminary Hearing or Grand Jury

process varies between states, but in many federal and state courts, cases go to a grand jury. In both cases evidence is reviewed and it is determined whether and indictment can be issued for the suspect/defendant to go to trial.

records

refers to documents such as mortgages, wills, marriage licenses, car registrations, and birth certificates

felonies

serious crimes such as burglary, kidnapping, arson, rape, fraud, forgery, murder, or manslaughter (killing someone but less serious than murder). You can be imprisoned for a year or more, and you could lose basic rights to vote , possess a firearm, serve on a jury, etc.

Lawsuits between states

states lawsuits against each othercan only be heard in the Supreme Court