Other Polisci terms

Engle v Vitale

invalidated bible read

Ways to amend the constitution

Step 1:

2/3 of both Houses agree to amendment

2/3 of state legislatures call constitutional convention

Step 2:

3/4 of state legislature ratify

3/4 of state constitutional conventions ratify

Lemon V kurtzman

Lemon Test to determine if something is in support of religion or not

a. is statute secular in legislative purpose

b. statutes primary effect must not inhibit or advance any religion

c. statute cannot allow government entanglement with religion

Free exercise doctrine

incorporated liberty that censorship of religion was by the state was not allowed

Dennis v United States

clear and probable danger test i. whether to limit speech or not

Ohio v Bradenburg

Speaker must have intention to incite others

ii. illegal action must be likely to occur

Roth v US

work is obscene if no redeeming social importance to average person

Miller v California

shifted authority for determining what is obscene back to the states

District of Columbia v Heller

i. adopted individual right representation of second amendment

Katz v United States(4)

i. no “physical penetration” of an individual’s space
ii. searches and seizures only when


1. valid arrest
2. searching to make sure evidence is not lost
3. searching with consent of suspect
4. hot pursuit
5. evidence in plain sight
6. places with “low protection” like cars

Mapp v Ohio(4)

incorporated exclusion of problematic evidence to the states

Amendment 4

No searches or seizures w/o a warrant

Barron v Baltimore (5)

barron sued city of Baltimore for violating his constitutionally guaranteed property rights but SCOTUS ruled that the constitution only impacted federal laws not state laws

Miranda Laws (Miranda v Arizona)(5)

must be aware of rights to not testify against oneself

Gideon V Wainwright (6)

i. must be offered legal representation for a felon or any conviction that might result in incarceration

Amendment 6

Speedy trial + know what you are being accused of

Amendment 7

right to a trial by jury of one's own peers

b. no fact tried by a jury should otherwise be re-examined in any court of the US

Amendment 8

no excessive bail + fines + cruel and unusual punishments

Furman v Georgia + Gregg v Georgia

racial bias exists in death penalty and violated constitution

ii. execution of defendants with mental retardation, juveniles, rapists, and children not allowed

Amendment 9

the rights listed in the constitution are not the ONLY rights available to the common citizen and if we forgot to include any rights they are still rights even if not expressly listed here

Amendment 10

powers not delegated to the US by the constitution and not prohibited by the states are for the states

Amendment 13

a. slavery + involuntary servitude are not allowed unless as a punishment for a crime where the party has been properly convicted

b. Congress has the power to enforce this article by proper legislation

Amendment 14

Anyone born and naturalized into the US has the basic rights outlined to all citizens and no state can deprive any person of life, liberty, or property without due process of the law

b. eliminates 3/5 compromise

c. removes eligibility for confederate officers to run for office until 2/3 vote of each chamber of congress

Amendment 15

due process clause →

protects citizens from arbitrary actions

equal protection clause →

guarantees all citizens equal protection

privileges and immunities clause

no state can make/enfore a law that bridges the privileges/immunities of a citizen of the US 1.

SlaughterHouse case

Amendment 15

Right of citizens to vote without a basis for color, race…

Congress can enforce this

Amendment 7

Senate voted for by the people instead of by the states

New Deal

set of economic regulations + relief programs to fight the great depression

Johnson’s Great Society

passed a ton of programs to be carried out by the state but funded through federal grants

Religious Freedom Restoration Act

voided any law/regulation on the state level that burdened a religious practice if that law did not serve a gov interest (example of the fed government overstepping responsibility)

Katrina Breakdown

Basically need to define governments’ roles and responsibilities so that in the case of a national disaster there is no division between federal and state response and the fed government does not “encroach” on the authority of the state government but at the same time does not allow lives to be ended.

How Democratic is the US Constitution

does senate representation really protect minorities?

Packing

A form of gerrymandering in which a party packs several party members into a district to ensure reelection in that district

Cracking

A form of gerrymandering in which the party spreads out party members in an attempt to gain a slim majority in more districts therefore winning more house seats

spatial voting

the idea that voters vote for the candidate that is closest in policy view to them

Median Voter Theorem

majority rule voting system will select the outcome most preferred by the median voter (middle of all the voters not in the middle of the policy space)

Electoral connection Mayhew

Mayhew sees a lot of what legislators do as cheap talk and free-ride instead of actually legislating

Single minded goal to get reelected

Steps to make a law

introduce it

committee or discharge

debate in first chamber

send to second chamber

get chambers to agree

President agreement/veto

Steps to make a law (committee or discharge)

a. near the end of the process in one chamber

b. subcommittee or full committee

c. hearings/markup of the bill to edit it

i. executive agencies, interest groups, macadamia in order to get advice on how to evaluate a program etc. Mark up bill and then report it to the full committee

d. bypass

e. discharge petition (house)

discharge petition

brings bill directly to the floor without committee approval when signed by a majority of house members (to prevent keeping a bill in the house forever)

Steps to make a law(debate in the first chamber)

Opponents may move to recommit a bill

Rules committee in the house vs Senate Debate

recommit

movement to move bill back to committee

House Rules Committee

i. requires a revision of the bull
ii. sets the rules of debate
iii. There are three kinds of rules:


1. Open → permit amendments + changes in wording
2. Restricted → permit certain amendments
3. Closed → no amendments
4. iv. In order for a bill to even be debated on its rules have to be adopted by a majority on the house floor

Senate Debate Rules

i. no rules
ii. Unanimous Consent → everyone must agree to the rules of the debate.
Negotiated by party leaders
iii. If there is no UCA (unanimous consent agreement), any senator may speak
or amend without a time limit
iv. Filibuster


1. senate requires 3/5th motion for closure to close debate and proceed to
a bill
2. filibuster delays legislation by 30 hrs even if failure

Steps to make a law (get chambers to agree)

in conference → need to reconcile differences between the house and senate version of the bill

Steps to make a law(President agreement/veto)

a. Presidents choices are

i. Veto → explicit or ignore

ii. Sign

iii. Bills ignored become law in 10 days not counting Sunday

iv. if congress adjourns before the 10 days are up, the bill fails (this is called a pocket veto)

Gatekeepers

Party leaders (rules committee) majority chosen by majority vote

committee chairs chosen by majority vote

majority of the house → constitutional gatekeeper

senate majority → constitutional gatekeeper

the president → constitutional gatekeeper

median voter theorem ver 2 →

a majority rule system with open proposals, policy will tend towards the preferences of the median voter

Express senate powers

confirms presidential nominees to federal courts, top executive branches, treaties and ambassadors

Express house powers

bills to raise+ spend originate in the house and senate can amend them

Problems of a legislative org

division of labor, specialists, resolving conflicts