POSC 100 Midterm 2 csulb (copy)

Differences between CA Constitution and US Constitution

length— federal : 8k, state: 80k
specificity—- federal: basic structure of government, state: basic structure of govt and policy pronouncements like marine protection and Stanford......... federal: 27 amendments, state: hundreds
executive branch---

Line item veto

can reject part of a bill without having to veto entire thing

Plural executive

a group of officers or major officials (as a board of directors) or a committee that functions in making current decisions or in giving routine orders usually the responsibility of an individual executive officer or official.
Whereas the President and Vice-President are the only elected federal executives, California has a dozen: eight elected statewide, plus four regionally elected members of the Board of Equalization.

Gerrymandering

a political advantage for a particular party or group by manipulating district boundaries

Prop 11

Citizens Redistricting Commission
to stop gerrymandering, it was made so an unelected committee would redistrict - "fairly"

Mandatory Referendum in CA

Legislature passes and governor signs a proposed constitutional amendment
50% of voters must approve for constitution to be changed

Optional Referendum in CA

Legislature passes and governor signs a law
Petition signed by 5% of the voters from the last gubernatorial election to have a repeal vote

Recall elections

To recall a statewide officer and legislator

To recall a statewide officer

Gather signatures of registered voters equal in number to 12% of the last vote for that office.
In five counties, gather signatures equal in number to 1% of that county's vote.
Approximately 900,000 signatures

To recall a legislator

Equal in number to 20% of district vote.

Prop 98

requires a minimum percentage of 40% of the state budget to be spent on K-14 education

Prop 13

If you lived in your home/property in 1975 or prior your property tax stays low

Prop 55

Extends proposition 30 (Income Tax Increase) for another 12 years

prop 30

Created three new high-income tax brackets for taxpayers with taxable incomes exceeding $250,000, $300,000, and $500,000.... This increased tax will be in effect for 7 years... also raised sales tax to 7.5% from 7.25%

Major areas of expenditure in the California budget

53% on education

29% on health and human services

10% on corrections

4% on interest for debt

Structural causes of California budget deficits

inflexible spending and unstable tax revenue

Ballot box budgeting

Voters shape budgets through the initiative process

Civil liberties

Our rights as people, and government can't take them away from us... freedoms guaranteed to us

Habeas corpus

A court order demanding that an individual in custody be brought into court and have their case looked over with the intention of getting released

Ex post facto laws

You can't be punished for something if it's done before the law was made

Bill of attainder

A law that declares a person guilty of a crime without a trial

Selective incorporation

insure the rights of the people are not violated by state laws or procedures.

14th Amendment

it forbids any state to deny any person "life, liberty or property, without due process of law" or to "deny to any person within its jurisdiction the equal protection of the laws."

Due process clause

prohibits the government from depriving a person of their right to liberty or property without due process.

strict scrutiny

the assumption that the actions by elected bodies or officials violate constitutional rights

Gitlow v. New York

Gitlow published the "Left Wing Manifesto"
Arrested up the New York criminal anarchy of law 1902
A crime to encourage the violent overthrow of the government
free speech at state level

Schenck v. US (Clear and present danger test)

Scheme was a member of the Philadelphia socialist party handing out propaganda advocating for draft dodging (opposed ww1)
Supreme Court held the speech was not protected because it presented a clear and present danger to our national security
Clear and present danger test
limitations on free speech

Brandenburg v. Ohio (Imminent and likelihood test)

Brandenburg KKK leader who invited the press to cover a rally
Arrested for violating Ohio's criminal syndicalism
Supreme Court ruled Ohio's law violated the 1st amendment because it was too broad

Texas v. Johnson

Johnson outside the Dallas city halls and burns the American flag in protest of Reagan's policies
Arrested under texas' anti-desecration law
Supreme Court ruled "government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable"
Content v. Conduct

Citizens United v. Federal Election Commission

Citizen United, a conservative non profit organization wanted to show Hillary: The Movie
FEC argued it violated campaign law (BCRA)
Supreme Court Ruled BCRA is unconstitutional:
Implications:
Corporations and labor unions are "people" and "money" is speech
Lead to the creation of super PACs

Right to privacy

constitutional right to be left alone by government, do what you want as long as it doesn't negatively affect others

Roe v. Wade

Law

Texas law prohibited abortions except to save the woman's life

Ruling

Fetal viability

Casey v. Planned Parenthood

Required doctors to inform women about detriments to health in abortion procedures.

Required women to give prior notice to their husbands.

Required minors to receive consent from a parent or guardian prior to an abortion.

Imposed a 24-hour hold before obtaining an abortion.

Imposed reporting mandates on facilities providing abortion services.

Ruling

Undue burden

"the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus."

Griswold v. Connecticut

Providing "any drug, medicinal article or instrument for the purpose of preventing conception" to a married couple is prohibited

Lawrence v. Texas

overturned bowers v hardwick

Bowers v. Hardwick

illegal for gay people to engage in sodomy even if private and consensual.

Free exercise clause

that portion of the first amendment to the constitution that prohibits congress from impeding religious observance or impinging upon religious beliefs

Establishment clause

the part of the first amendment that prohibits congress from establishing an official religion- the basis for the doctrine of the separation of church and state

Lemon test

3 conditions to avoid establishing religion: secular purpose, primary purpose is to neither advance or retqard religion, and no excessive entanglements with state and religion

Miranda rule

only allows statements from interrogation as evidence if the suspect was informed of their right to an attorney and to be silent (during arrest)

Gideon v. Wainwright

court rules that defendants accused of any felony in any state jurisdictions are entitled to a lawyer when defendant cant afford one