Civil Rights, Congress, Judiciary, and Presidency – Lecture Review

64 flashcards covering major terms, doctrines, court cases, and institutional powers from the lecture notes on civil rights, Congress, the judiciary, and the presidency.

What are civil rights?

Government-provided protections that ensure equal treatment, such as voting rights and anti-discrimination laws.

What are civil liberties?

Individual freedoms—like speech and religion—protected from government interference.

What principle is embodied in the idea of legal equality?

Everyone is equal under the law, as guaranteed by the Equal Protection Clause of the 14th Amendment.

What are ‘inherent characteristics’ in civil-rights law?

Legally protected traits such as race, gender, or ethnicity.

Why were Black Codes adopted after the Civil War?

To restrict African Americans’ rights—often targeting voting—through devices like poll taxes and literacy tests.

De jure vs. de facto segregation—what is the difference?

De jure segregation is imposed by law; de facto segregation results from social or economic conditions.

What did Plessy v. Ferguson (1896) establish?

The Supreme Court upheld racial segregation under the doctrine of “separate but equal.”

What did Brown v. Board of Education (1954) decide?

Racial segregation in public schools is unconstitutional, overturning the ‘separate but equal’ doctrine.

What did the Civil Rights Act of 1964 accomplish?

It outlawed most forms of discrimination in public accommodations, employment, and education.

What is affirmative action?

Policies designed to expand educational and employment opportunities for historically marginalized groups.

Name the three judicial tests used in civil-rights cases.

1) Rational-basis test, 2) Intermediate scrutiny (usually for gender), 3) Strict scrutiny (race or fundamental rights).

What is redlining?

The discriminatory denial of loans or insurance to residents of minority neighborhoods; banned in 1968.

How did the Voting Rights Act of 1965 protect voters?

It banned literacy tests and provided federal oversight of elections in states with histories of discrimination.

Equality of opportunity vs. equality of outcome—define each concept.

Opportunity: everyone gets the same chance to succeed. Outcome: everyone ends up with similar results.

What does the Equal Protection Clause require of states?

That they treat individuals equally under the law.

Is hate speech protected by the First Amendment?

Yes, unless it directly incites imminent violence.

What is the ‘congressional approval paradox’?

Voters dislike Congress overall but frequently re-elect their own representatives.

How has polarization affected Congress?

Rising ideological division has made bipartisan cooperation increasingly difficult.

List four key constitutional powers of Congress.

To make laws, declare war, levy taxes, and approve the federal budget (others include overriding vetoes and confirming appointments).

Summarize Mayhew’s theory of congressional behavior.

Legislators are ‘single-minded seekers of reelection,’ and that goal shapes their actions.

Why is the Senate called the ‘upper house’?

It is smaller, serves six-year terms, and is considered more elite than the House, which has two-year terms.

House rules vs. Senate rules—what is a major difference?

The House has strict debate rules set by the Rules Committee, while the Senate allows filibusters and unanimous consent agreements.

What does the spatial model of voting predict?

Legislators vote for the option nearest to their own ideological ideal point on a left-right spectrum.

Define gerrymandering.

Manipulating electoral district boundaries to favor a political party or group (using techniques like packing and cracking).

Who is an incumbent?

The current officeholder, who enjoys advantages such as name recognition and easier fundraising.

What is a filibuster?

A Senate tactic of prolonged debate used to block or delay legislation.

How can a filibuster be ended?

Through cloture, which requires 60 votes in the Senate.

Differentiate standing, joint, and conference committees.

Standing: permanent panels; Joint: members of both chambers; Conference: reconcile House–Senate bill differences.

What is a divided legislature?

When the House and Senate are controlled by different political parties.

Define bicameral legislature.

A legislative body with two chambers, such as the U.S. Congress (House and Senate).

What is a unicameral legislature?

A single-chamber legislature, exemplified by Nebraska’s state legislature.

What are the duties of the Speaker of the House?

Leading the House, setting the agenda, and making committee appointments.

What is the role of a party whip?

To enforce party discipline and count votes within the chamber.

What is a party caucus?

A meeting of party members to choose leadership and develop legislative strategy.

Who are the majority and minority leaders?

Elected leaders who steer their party’s agenda in each chamber of Congress.

Common law vs. civil law—explain.

Common law relies on judicial precedent; civil law relies on comprehensive legal codes.

Criminal law vs. civil law—what is the difference?

Criminal law involves the state prosecuting offenses against society; civil law resolves disputes between private parties.

What is judicial review?

The Supreme Court’s power to declare laws or executive actions unconstitutional (established in Marbury v. Madison).

Define judicial activism.

A philosophy in which judges make bold policy decisions, sometimes stepping beyond elected branches.

Define judicial restraint.

A philosophy urging courts to defer to legislatures and precedent unless a clear constitutional violation exists.

Why does SCOTUS ideology matter?

Because the ideological makeup of the Court influences how it interprets laws and the Constitution over time.

What is meant by the politicization of Supreme Court nominations?

The increasingly partisan conflict surrounding confirmation of justices.

Name four landmark Supreme Court decisions mentioned in class.

Brown v. Board, Roe v. Wade, Obergefell v. Hodges, Citizens United v. FEC (others include Dobbs).

What is precedent (stare decisis)?

Prior judicial decisions that guide future court rulings.

Define jurisdiction.

The legal authority of a court to hear a case—either original or appellate.

What does a grand jury do?

Determines whether sufficient evidence exists to indict an individual for a crime.

What is constitutional law?

Law that derives directly from the U.S. Constitution.

What is administrative law?

Regulations created by executive agencies under delegated authority.

What is appellate jurisdiction?

A court’s power to review and revise decisions of lower courts.

What is a majority opinion?

The official explanation of the Court’s ruling, representing the majority of justices.

What is a dissenting opinion?

A written disagreement with the majority opinion, offering alternative reasoning.

Explain the Rule of Four.

At least four Supreme Court justices must agree to grant certiorari and hear a case.

List four formal powers of the president.

Commander-in-chief, veto legislation, appoint federal officials, issue pardons (others include executing laws).

What is an executive order?

A directive issued by the president to manage operations of the federal government.

Outline the impeachment process.

The House impeaches by majority vote; the Senate holds a trial and can convict with a two-thirds vote.

What does the 25th Amendment provide?

Procedures for replacing the president or vice president in cases of death, removal, or incapacity.

What is the War Powers Act of 1973?

A law limiting the president’s ability to deploy troops without congressional authorization after 60–90 days.

Summarize Neustadt’s ‘power to persuade’ thesis.

A president’s influence stems mainly from persuading others, not from formal constitutional powers alone.

What is the Cabinet?

The heads of executive departments who advise the president.

How does the Electoral College work?

States receive votes equal to their total congressional delegation; a majority (270) elects the president.

What is the Executive Office of the President (EOP)?

A group of key agencies that assist the president, including the OMB and NSC.

Give two checks on presidential power.

Congressional oversight and veto overrides (others include judicial review and funding controls).

Define veto and veto override.

Veto: presidential rejection of a bill; Override: Congress enacts the bill despite the veto with two-thirds votes in both chambers.