Module 2: Policy Civil Liberties

50 vocabulary flashcards created from lecture notes on policy civil liberties and related legal principles.

Barron v Baltimore

A Supreme Court case that held the Bill of Rights only applies to the federal government.

Bill of Rights

The first ten amendments to the Constitution that guarantee individual liberties.

Civil Rights vs Civil Liberties

Civil rights protect individuals from discrimination; civil liberties protect individual freedoms.

Citizens’ United

A landmark Supreme Court case that ruled corporations can spend unlimited funds on political campaigns.

Dual Citizenship

The status of being a citizen of two countries simultaneously.

Establishment Clause

Part of the First Amendment that prohibits the government from establishing a religion.

First Amendment

Protects freedoms of speech, religion, press, assembly, and petition.

Fourteenth Amendment

Grants citizenship to all people born or naturalized in the U.S. and provides equal protection under the law.

Free Exercise Clause

Part of the First Amendment that protects individuals' rights to practice their religion.

Free Speech

The right to express any opinions without censorship or restraint.

Griswold v Connecticut

A Supreme Court case that established the right to privacy in marital relations.

Lemon Test

A three-part test established in Lemon v. Kurtzman to determine if a law violates the Establishment Clause.

Police Powers

The capacity of the state to regulate behavior and enforce order within its territory.

Prior Restraint

The government action that prohibits speech or other expression before it can take place.

Right to Privacy

The concept that one's personal information is protected from public scrutiny.

Selective Incorporation

The process by which certain rights in the Bill of Rights are applied to the states through the Fourteenth Amendment.

Strict Scrutiny

The highest level of scrutiny used by courts to evaluate laws restricting fundamental rights.

15th Amendment

Prohibits the federal and state governments from denying a citizen the right to vote based on race.

19th Amendment

Grants women the right to vote in the United States.

Cognitive Liberation

The process by which individuals come to believe they can enact social change.

Collective Action

Action taken together by a group of people to achieve a common goal.

Declaration of Sentiments

A document signed in 1848 at the Seneca Falls Convention, advocating for women's rights.

Desegregation

The process of ending the separation of two groups typically referring to races.

Jim Crow

State and local laws that enforced racial segregation in the Southern United States.

Plessy v Ferguson

The Supreme Court decision that upheld the constitutionality of racial segregation under the 'separate but equal' doctrine.

Political Process Model

A theoretical framework that analyzes how political processes influence social movements.

Purposive Benefits

Benefits that provide intrinsic rewards for participating in an organization or movement.

Selective Benefits

Benefits that are given only to members of a particular group.

Separate but Equal

The legal doctrine that racial segregation is constitutional as long as the facilities provided are equal.

Brown v Board of Education

The landmark Supreme Court case that declared racial segregation in public schools unconstitutional.

Solidary Benefits

Benefits that derive from social relations and interaction with others.

Suffrage

The right to vote in political elections.

Ambition

A strong desire to achieve something, typically requiring determination and hard work.

Anti-Federalists

Opponents of the ratification of the U.S. Constitution who favored a weaker national government.

Creative Federalism

A phase of federalism in which the national government sought to address social issues.

Commerce Clause

A clause in the Constitution that gives Congress the power to regulate commerce with foreign nations and among the states.

Devolution

The transfer of powers and responsibilities from the federal government to the states.

Divided government

A situation in which one party controls the presidency while another party controls one or both houses of Congress.

Dual vs Cooperative Federalism

Dual federalism refers to the separation of powers between national and state governments, while cooperative federalism emphasizes collaboration.

Executive Privilege

The power of the president to keep certain communications private.

Faction

A group of individuals within a larger entity such as a political party, united by a common interest.

Federalists

Supporters of the ratification of the Constitution and advocates for a strong central government.

Federalist Papers

A series of essays written to promote ratification of the U.S. Constitution.

Gibbons v Ogden

A Supreme Court case that established the federal government's broad authority to regulate interstate commerce.

Grants-in-aid

Funds provided by the federal government to state or local governments for specific projects.

Categorical grants

Federal funds granted to states or local governments for a specific purpose.

Project grants

Federal grants given for specific projects and awarded on a competitive basis.

Formula grants

Federal funds distributed according to a formula established by legislation or regulations.

McCulloch v Maryland

A Supreme Court case that established the principle of national supremacy and implied powers of the federal government.

Necessary and Proper Clause

A section of the Constitution granting Congress the power to pass all laws necessary and proper for executing its enumerated powers.

New Federalism

A political philosophy that favors the transfer of certain powers from the federal government back to the states.

Nullification

The theoretical right of a state to invalidate any federal law that it deems unconstitutional.

State sovereignty

The concept that states have the right to govern themselves independent of the federal government.

Unfunded Mandates

Regulations or conditions imposed by federal government on state and local governments without adequate funding to carry them out.

Administrative Adjudication

The process by which an administrative agency resolves disputes through a hearing.

Article II, Constitution

The section of the U.S. Constitution that establishes the executive branch of the government.

Bureaucracy

The administrative system governing any large institution, including government.

Bureaucratic Drift

The phenomenon where the actions of bureaucrats move away from the initial goals set by policymakers.

Coalition Drift

The situation in which the coalition that created a policy loses power, leading to different interpretation or implementation.

Bureaucratic reputation

The perception of the efficiency and effectiveness of bureaucratic agencies.

Clientele Agencies

Government agencies that provide services and benefits to specific groups.

Congressional Oversight

The power of Congress to review and oversee the activities of the executive branch.

Executive Rule Making

The process by which the executive branch produces regulations that have the force of law.

FDA Approval

The process by which the Food and Drug Administration evaluates and approves drugs and medical devices.

Iron Triangle

The stable, mutually beneficial relationships between an agency, a congressional committee, and an interest group.

Material Benefits

Tangible benefits provided to individuals or groups as a result of participation.

Moral Hazard

A situation where one party engages in risky behavior knowing that it is protected from the consequences.

Path Dependence

The notion that outcomes of a process are heavily influenced by the historical trajectory leading to it.

Policy triangles

The interaction of three players in policy-making, typically involving interest groups, legislators, and bureaucrats.

Principal-Agent Problem

A dilemma in which one entity (the principal) delegates work to another (the agent), which may not align with the principal's best interests.

Revolving Door

The movement of personnel between roles as legislators and regulators and the industries affected by legislation and regulation.

Transaction costs

Expenses incurred when buying or selling goods or services.

Amicus Curiae

A 'friend of the court' brief, offering information or arguments to assist the court in deciding a matter.

Article III, Constitution

The section of the U.S. Constitution that establishes the judiciary.

Concurring vs Dissenting opinions

Concurring opinions agree with the majority but provide additional commentary; dissenting opinions disagree with the majority.

Criminal law vs Civil law vs Public law

Criminal law deals with crimes and punishments, civil law deals with disputes between individuals, and public law concerns the relationship between individuals and the government.

Docket

A list of cases to be tried in a court.

Judicial elections

Elections held to select judges for certain courts.

Judicial Restraint vs Activism

Judicial restraint is a theory of judicial interpretation that encourages judges to limit their own power, while activism suggests judges should rectify injustices.

Judicial Review

The power of courts to review and invalidate laws or government actions that are deemed unconstitutional.

Judicial Selection

The process by which judges are appointed or elected.

Jurisdiction

The authority of a court to hear a case; it can be original (first instance) or appellate (on appeal).

Marbury v Madison

A landmark Supreme Court case that established the principle of judicial review.

Mootness

A doctrine in which courts refuse to hear cases that no longer require resolution.

Ripeness

The readiness of a case for litigation; refers to whether the issues are sufficiently developed.

Stare Decisis

The legal principle of determining points in litigation according to precedent.

State courts

The judicial courts of the states, which handle the state law issues.

Standing, Judicial

The legal right to initiate a lawsuit.

Writ of Certiorari

An order by the court directing a lower court to send up the records of a case for review.