American Gov. review 1

Definition of politics

the activities associated with the governance of a country or area

Voting rights expansion – timeline, by group

(1789) 1st presidential election/ voters white male landowner over 21 (1830) white men w/out property (1869) formally enslaved/ black men (1924) indians (1920)women (1952) asian americans (1971) 18-20 year olds

Political entrepreneurship

elected official, candidate, or outside of formal politics

Mechanisms of social/policy change

Bill of Rights (in general) - original scope

first 10 amendments - restricted federal gov./ ratified 1791

Selective incorporation

making states abide

Civil liberties

constitutional freedoms that protect individuals from government reach

civil rights

legal guarantees ensuring equal treatment

Clear-and-present danger

early standard to limit free speech / during wartime

Imminent lawless action

incitement to violence

Symbolic speech

protected speech

Prior restraint

when the gov. blocks a publication prior to it coming out

Libel

false, damaging statements in speech

Time, place, and manner restrictions of the first amendment

schools, campuses, national security

Establishment clause

gov. cant establish or favor any religion

Free exercise clause

right to practice, hold, and act on religious belief when it doesnt conflict with federal/ state laws

Oregon v. Smith

(1990) peyote banned even when part of religious practice. Court claimed not directed towards Native Americans but to people in general who use peyote

United States v. Jones

(2012) Gov claimed fbi placement of tracking device on a car was too trivial to be unreasonable search and seizure. Courts ruled violation of privacy and lack of warrant.

Exceptions to the warrant requirement

schools, sobriety checkpoints

Probable cause

law enforcement must have evidence of potential crime committed before searching

Riley v. California

(2014) police generally need a warrant to search a cell phone even after arrest

The right to privacy

implied in other amendments

The exclusionary rule

cant use evidence obtained in violation of a defendants rights; weeks v. US (1914)

Due process (of the law)

legal safeguard intended to protect the rights of individuals (4,5,6,8th)

• Grand jury

• Fifth Amendment

someone charged with a federal crime cant be tried until indicted by a grand jury

• Eighth Amendment

Prohibits cruel and unusual punishment

Gideon v. Wainwright

(1963 ) extended this requirement to states

The Brady Rule/Brady Disclosure

prosecution must share exculpatory evidence w defense (Brady v. Maryland)

Criminal Cases

refers to violations against society/state.

civil cases

disputes between private parties

Wartime exceptions to individual rights

constrain individual rights protections

• DACA

Temporary protections from deportation and work authorization to certain undocumented immigrants wwho arrived as children

Plessy v. Ferguson

(1896)Activist and shoemaker homer plessy wouldnt move from white only section and got arrested

Brown v. Board of Education

(1954) Linda carol brown was denied permission to go to all white school; court ruled unanimously segregation in schools unequal.

De jure discrimination

discrimination based on law

de facto discrimination

fewer oppurtunities due to prejudice and finance

Equal Protection Clause (Fourteenth Amendment)

ratified 1868 - require states to treat residents equally ; legalized segregation

Strict Scrutiny

Race, Ethnicity; assumed unconstitutional absent overwhelming justification

Intermediate scrutiny

gender ;assumed unconstitutional unless law serves compelling, justified purpose

Reasonable basis

other cat. ( age, income); assumed constitutional unless no sound rationale exist

Seneca Falls Convention (1848)

Lucretia and Elizabeth barred from anti slavery convention; organized womens rights convention

Equal Rights Amendment (ERA)

(Drafted in 1923) passed by congress but fell 3 states short of ratification

Title IX (1972)

prohibits sex based discrimination in education

Loving v. Virginia

(1967) Richard (white man) and Mildred(black woman) married in DC. Arrested in virginia for interracial. penalty the same for both. Subversive of the principle of equality

Obergefell v. Hodges

(2019) same sex marriage rights extended to all states

Lau v. Nichols

(1974) english only classrooms w/out assistance violate the civil rights act

Voting Rights Act of 1965

prohibited discrimination in voting and registration;15 amendment (1870)

Role of the Texas state legislature

define crimes, set punishments, policies

Enhanced punishment

prior conviction bumps penalty to next most serious tier

Mandatory minimum sentences

fixed minimum sentence dictated by law regardless of judges view or particularities of the case.

Capital murder: sentencing -

death, life of prison, life in prison without parole

Broken windows policing

law enforcement strategy targets low level petty crimes thinking it will prevent serious crimes.

Recidivism

the rate at which criminal offenders commit another crime after they leave state custody

Overcriminalization

mens rea (guilty mind) required for conviction

The Michael Morton Act

(2013 )Texas law required prosecutors to share all evidence w/ criminal defense attorneys

Private prisons

arguments around costs; want profit out of it. accounting problems

Civil law; four types

Family, torts, contracts, property

US incarceration rate

541 per 100,000 residents