C963 Study guide 2023

gag order

An order issued by a judge restricting the publication of news about a trial or a pretrial hearing to protect the accused's right to a fair trial.

1st Amendment

Freedom of Religion, Speech, Press, Assembly, and Petition

2nd Amendment

Right to keep and bear arms

3rd Amendment

No quartering of soldiers

4th Amendment

unreasonable search and seizure

5th Amendment

The Right to Remain Silent/Double Jeopardy, right to due process

6th Amendment

The right to a Speedy Trial by jury, representation by an attorney for an accused person

7th Amendment

Right to jury in civil trials.

8th Amendment

No excessive bail, no cruel and unusual punishment

9th Amendment

Other rights of the people

10th Amendment

Powers Reserved to the States

12th Amendment

Election of President and Vice President

13th Amendment

Abolished slavery

14th Amendment

citizenship, due process, equal protection

15th Amendment

Citizens cannot be denied the right to vote because of race, color , or precious condition of servitude

17th Amendment

Allowed for the direct election of Senators.

19th Amendment

Gave women the right to vote

22nd Amendment

Limits the president to two terms.

24th Amendment

Abolishes poll taxes

26th Amendment

lowered the voting age to 18

Lemon v. Kurtzman

Government cannot give taxpayers $$ to private, religious school

Lemon Test-Snneeze

1st Amendment Establishment Clause (Government cannot establish Religion)

Sherbert v. Verner

Government Laws cannot take away free exercise of religion

Strict Scrutiny Test

Free Exercise Clause of Religion Clause (or freedom of religious belief)

Gillette v. United States

Free Exercise of Religion Case

Can be a 'Conscientious objector' against military draft and all wars

Burwell v. Hobby Lobby

free exercise of Religion case

Companies can exercise religious freedom.

Brandenburg v. Ohio

Prohibits "Lawless action" words

Freedom of Speech(or freedom of expression)

Texas v. Johnson

Allows flag burning

Freedom of Speech(or freedom of expression)

Tinker v. Des Moines

Symbolic or nonverbal Speech is protected.

Freedom of Speech(or freedom of expression)

Miller v. California

Pornography / Obscenity Test

Freedom of Speech(or freedom of expression)

Cohen v. California

cannot criminalize the display of profane words in public places.

Freedom of Speech(or freedom of expression)

Citizen United v. FEC SuperPacs

Political Speech

Freedom of Speech(or freedom of expression)

Branzburg v. Hayes

Government can force reporters to reveal confidential sources in criminal trials.

Freedom of the Press

US v. Miller

Government CAN ban or prohibit certain types of weapons.

Right to bear arms

McDonald v. Chicago

Government can NOT ban legal handguns

Right to bear arms

Mapp v. Ohio

Evidence illegally gathered by the police may not be used in a criminal trial

4th Amendment

Miranda v. Arizona

The accused must be notified of their rights before being questioned by the police

5th Amendment

Gideon v. Wainwright

indigents (poor) are guaranteed an attorney in criminal trails.

6th Amendments

Furman v. Georgia

Supreme court set up guidelines for death penalty, allowing lethal injections, no hanging, etc

8th Amendment

Griswold v. Connecticut

Supreme Court created a new(or previously unlisted) liberty called the 'Right to Privacy'. Women could use birth control.

9th Amendment

Roe v. Wade

Supreme Court increase 'privacy' to include the right to an abortion in the first 3 months of the pregnancy [1st trimester]

9th Amendment

Planned Parenthood v. Casey

Supreme Court stopped the trimester standard and instead started an 'undue burden' standard for state abortion laws

9th Amendment

Dobbs v. Jackson Women's Health Organization

No more right to an abortion. Each State Government will decide their own laws, not courts.

9th Amendments

Plessy v. Ferguson

Started legalized racial segregation

Established the 'separate-but-equal' doctrine

Weakened the 14th Amendment

Brown v. Board of Education

Reversed Plessy. Stopped legalized racial discrimination

said no more 'separate-but-equal'

14th Amendment

Obergefell v. Hodges

legalized same-sex marriage

14th Amendment

Civil Liberties

freedoms to think and act without government interference or fear of unfair legal treatment

civil rights

Policies are designed to protect people against arbitrary or discriminatory treatment by government officials or individuals.

23rd Amendment

gave residents of Washington DC the right to vote for president

McCulloch v. Maryland

Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law

Buckley v. Valeo

Candidates can use as much of their own money on their own campaigns.

Natural Rights

Life, Liberty, and Property

State of Nature

A theory on how people might have lived before societies came into existence.

Social Contract

An agreement between the people and their government signifying their consent to be governed

According to the Declaration of Independence, the government should protect these natural rights

life, liberty, and Happiness

Bill of Rights

First 10 amendments to the Constitution

How does the Bill of Rights protect natural rights?

That right of liberty is the right to do all those things which do not harm another's life, property, or equal liberty

Virginia Plan

A plan proposed by the representatives of Virginia at the Constitutional Convention for a two-house (that is, bicameral) legislature, wherein the number of a state's representatives in each chamber would be based on the state's population."Large state" proposal for the new constitution, calling for proportional representation in both houses of a bicameral Congress. The plan favored larger states and thus prompted smaller states to come back with their own plan for apportioning representation.

New Jersey Plan

A plan proposed by the representatives of New Jersey at the Constitutional Convention that called for a one-house national legislature in which each state would have one vote

bicameral legislature

A lawmaking body in the legislative branch that consists of two separate chambers or two separately elected groups of officials, such as Senators and Representatives, like the Virginia Plan. Bi, meaning "two

unicameral legislature

A lawmaking body in the legislative branch that consists of only one chamber, like the New Jersey Plan. Uni, meaning "one,"

popular vote

The outcome of a democratic election in which all qualified voters are eligible to participate and the winner is the person who receives the largest number of individual votes.

separation of powers

an act of vesting the legislative, executive, and judicial powers of government in separate bodies.

Great Compromise provided for

two-chamber legislature with equal representation for all states in one chamber and population-based representation in the other

(The Connecticut Compromise)

What was the Three-Fifths Compromise, and how did it benefit the slave states?

5 slaves = 3 votes

provided additional representation in the house of representatives of slave states compared to free states.

Veto

President's power to reject a bill passed by congress

Checks and Balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power

federal system

form of government in which power is divided between state governments and a national government.

enumerated powers

Powers specifically given to Congress in the Constitution; including the power to collect taxes, coin money, regulate foreign and interstate commerce, and declare war.

reserved powers

powers reserved to the states and denied to the federal government as outlined in the Tenth Amendment.

The last four states to ratify the Constitution were

Virginia, New York, North Carolina and Rhode Island

Federalist Paper #51

as a way to ease these fears by explaining how the mechanisms of checks and balances and separation of powers would prevent the national government from abusing its increased power and authority

Federalist Paper #10

a strong federal government can protect liberty because it guards against the dangers of control by a narrow interest. "fraction"

Legislative Branch

Congress composed of the Senate and the House of Representatives, which served as the principal lawmaking body.

Executive Branch

president, the vice president, and the bureaucracy (the agencies that carry out the programs of the national government). The Constitution requires that the president will faithfully execute the laws of the land. The requirement that the president would faithfully execute the laws

Judicial Branch

interprets the laws and decides whether or not they are constitutional (Supreme Court)

inherent powers

Powers of the president or Congress that are neither enumerated nor implied but assumed to exist as a direct result of the country's existence.

Implied power

power not expressly defined in the Constitution but permitted to Congress through a loose interpretation of the Necessary and Proper clause.

Power of the Purse

most important checks that Congress has on presidential power. But the Constitution does not specify how that power is to be exercised.

Interstate Commerce Clause

One of the enumerated (express) powers of Congress; this is the power to regulate commerce and trade between two or more states.

standing committee

addresses timeless issues that can be expected to recur. These committees introduce, research, and write proposed pieces of legislation to be considered by the entire Congress.

select committee

temporary committees that often exercise investigative rather than law-making powers

joint committee

members from both houses of Congress, the House of Representatives and the Senate. They may either be temporary or permanent

Conference committees

integral part of the law-making process

Political Action Committees (PACs)

527 organization that pools campaign contributions from members and donates those funds to campaigns for or against candidates, ballot initiatives, or legislation.

Super PAC (Political Action Committee)

independent expenditure only political committees) are committees that may receive unlimited contributions from individuals, corporations, labor unions and other PACs for the purpose of financing independent expenditures and other independent political activity.

The Civil Rights Act of 1964 prohibited discrimination in?

Education

Public accommodations

Religion

Race, Ethnicity, and gender

The Voting Rights Acts of 1965 did which of the following?

Stopped Racial Discrimination in voter registration

Banned Literacy Tests

Title IX (Education Amendments of 1972)

law made it illegal to discriminate on the basis of sex in any education program or activity receiving federal financial assistance.

1990 Americans with Disabilities Act

prohibited discrimination based on disability, required employers to make reasonable accommodations for employees with disabilities, and created accessibility requirements for public accommodations.

Title IX of the United States Education Amendments of 1972?

applies to all educational institutions that receive federal aid and prohibits discrimination on the basis of sex in academic programs, dormitory space, healthcare access, and school activities, including sports. Thus, if a school receives federal aid, it cannot spend more funds on programs for men than on programs for women.

Hypodermic Theory

model of communications suggesting that an intended message is directly received ("injected") and wholly accepted by the receiver.

minimal effects theory

the idea that the media have little effect on citizens.

cultivation theory

The idea that media presents a version of reality that eventually "cultivates" a worldview generally accepted by the population.

framing

the process of giving a news story a specific context or background.

priming

The process of predisposing media readers or viewers to think and act a particular way.

agenda setting

The ability of powerful media to focus public attention on particular issues or topics via strength of its coverage.

political socialization

the process by which we are trained to understand and join a country's political world.

sunshine laws

A law that mandates government proceedings and meeting documents be made available to the public.

Covert content

political information provided under the pretense that it is neutral

overt content

offers only one side of the political debate

horse-race journalism

The common media practice of following a leading candidate's every move throughout a presidential campaign.