Unit 4 Gov & Politics

Civil way of passing a law

Passed by legislation

Common way of passing a law

Passed by judge

Precedent

Decisions court has made in the past

Store Decisis

Let the decision stand. If similar case has happened & same verdict is given. The same punishment should occur

Plea Bargain

Defendant pleads guilty for a lesser sentence. 95% of criminal cases end like this.

Jurisdiction

Right of court to hear a case

Original Jurisdiction

Where crime was committed

Appellate Jurisdiction

Court can view other courts and cases

Concurrent Jurisdiction

2 courts hold the same jurisdiction

Habeas Corpus

A writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.

Due process

Fair treatment through the normal judicial system, especially as a citizen's entitlement.

State court power ranking

State district courts, State appellate courts, State supreme courts

Federal court power ranking

Federal district court, Federal circuit courts, US Supreme court

Supreme Court

Min Age - None

Citizenship - None required

Term Length - Life

\# From each state - No state requirement

Constituancy - Majority and Minority

Powers - Judicial

Removal - Impeachment

Term Limit - None

Number - 9

Standing Threshold Doctrines

Some kind of damage to you before going to court

Ripeness Threshold Doctrine

Can’t bring case in too early

Mootness Threshold Doctrine

Can’t bring in case too late

Cert Pool

Gathering of all properly filed petitions

Discuss List

Needs to be talked about more

Conference

Secret meeting of supreme court judges, 5 votes needed to win

Filing of briefs

1 page unless it is a really extensive case

Amicus Briefs

Friend of the court

Opinion Writing

Last stage of the Supreme Court case

Majority Opinion

The majority agrees, Chief Justice assigns

Concurring opinion

Majority made the right decision but the reasoning behind it was bad

Disenting Opinion

The majority is wrong

Power of the supreme court

Decides the winners or losers of the cases in court

Judicial Review

Supreme Court has the power to overturn other government bodies if it goes against constitutional law

Marbury V/ Madison(1803)

Supreme Court is final interpreter of if it is constitutional

Court Packing

President appointing Supreme Court judges that have the same political opinion as him

U.S. V/ Caroline Products

As long as law in question is economic, government can do anything(rational basis test)

Strict Scrutiny

Only three circumstances you can exercise judicial review

1-Violation of a specific prohibition

2-Questions of voting laws and gerrymandering

3-Discrete and insular minorities (rights of people who can’t protect themselves from the majority

Getting Borked

Robert bork, getting told no even if you are qualified

Judicial Activism

The idea that the court will change society the way that people want it

Judicial Restraint

Social and legal change is the legislatures problem

Originalism

You should read the constitution as if you were Alice when the amendments were written and passed

Living Constitutionalism

You should read the constitution in the eyes of a reasonable reader today

Post Modernism

Words mean what you want them to mean

Critical Race Theory

The U.S. constitution was written by white, affluent, male, & slave owners and that affects the integrity of the final document making it corrupt and void

Isolationism

Started with George Washington, Americans hated it

Monroe Doctrine

Outlines what American neutrality will look likeA

American neutrality

No new European colonies, No European interference, America stays out of europe

Domino Theory

1 nation will fall to communism and all of the other nations around it will follow

Truman Doctrine

War with communist and non communist nations, we always will help the non-communist.

Mutually Assured Destruction

Kill both the attacker and defender in case of nuclear warfare

Marshall Plan

Rebuild Europe in a way that fights communism

Southeast Asian War

Japanese invades Southeast Asia, Vietnam said they wanted a seat in legislature, France said no, however USA won’t help Vietnam, Soviets helped Vietnam wipe the floor

Richard Nixon Foreign Policy

Normalizes relations with china, trade agreement w/ china

Detente

Relaxing of tensions

1961

Soviet Union collapses, all countries held by communist Russia are now free again

Persian Gulf War

Fighting over wells on border or Iraq & Kuwait, Sudan Hussain invades Kuwait and seizes all oil wells, U.S wipes out all Iraqi military in a week

Intervensionism

Using our power to intervene in world affairs, 9/11

2002

USA topples taliban and sets up a western style of gov in Afghanistan

2021

We withdraw & Taliban is back in power

Mono Culture

Some form of cultural meaning

Multi Culture

Isn’t 1 culture that defines state, think no culture almost

Northwest Ordinance

Passed before the constitution

Enabling act of 1802

Congress will make the territories, then given government

7 territories

Puerto Rico is the biggest one

Territory to state

Have at least 60,000 citizens, Must hold a constitutional convention, Congress must admit its a state

Missouri Constitution

The first was written in 1820, created under Missouri compromise

Missouri Compromise

Gets to decide if its south of the mason Dixon line

Maine

Free state

Missouri

Slave state

Requirements of being a Missouri citizen 1840

White & Male

Ulysses S Grant

From Missouri, played a huge role in the civil war

Regular Session

Max hold 4.5 months/year

Special Session

Thing that gets used when people want to be very broad. Its not supposed to extend a regular session

Veto Session

In september, and can only override a veto

Senate Membrane

How things are done

State Bill becoming a law order

Member proposes, Chamber Leader, Committee, Perfection Calendar, Floor, Truly agreed to and finally passed

Perfection Calendar

Order of events voted in the chamber

Governors Executive Power

Chief Executive

Governors Judicial Power

Grants reprieves, Commutes someones sentence, Pardon

Governors Legislative Power

Speeches, Veto

Inaugural Speech

What does he want the state to look like

State of the state

Gets into the weeds of policy and direction

Budget Speech

Go over the states budget

Line Item Veto

Only for budget bills

Governors Military Role

Head of the states national guard

Lt Governor

Not really in charge of anything, An ambassador, Breaks tie in senate

Secretary of State

In charge of keeping track of state law, In charge of elections

State Auditor

In charge of keeping the books, Makes sure everybody obeys the state law

Treasurer

Handles the actual $$

Attorney General

Chief Legal Officer, Represents Missouri in all legal cases

Impeachment

GOV/S.C. Justices | Everyone else

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Missouri House of Representatives

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“Seven Eminent Justices” | State Supreme Court

Trial Courts

Different courts in Missouri

Circuit Courts

Circuit } 30 years old

Juvenile } 1 year resident in MO

Probate } Attorney in MO

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Municipal } 30 years old

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Associate } 25 years old, current resident, attorney in MO

Appellate

Appeals court in the East, West and South

State supreme court requirements

9 year voter, Attorney in MO, 30 years old

Missouri Plan

How to become a judge

Judicial Commision

3 judge nominees, gov picks one, nominee serves for a year, can get voted back in

Roman Catholic Relation

Church has authority over state

Lutheran Relation

Divide between the church and the state

Reformed approach

Church needs to advise state but still be seperate

Anabaptist

Keep two as far away as you can

Just War

Defensive wars are just, if your ideologies are attacked its just

Christianity Just War

Self examination, then fight after

Pacifism

Always wrong to fight

Crusader

Christians are obligated to fight