intro to american exam 2

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36 Terms

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Brown v. Board of Education

the 1954 landmark Supreme Court case that struck down segregated schools as unconstitutional, overturned "separate but equal”, separate implies inequality, lack of enforcement (showed weakness of court in that aspect)

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Civil Rights Act of 1964

landmark legislation that forbade discrimination on the basis of race, sex, religion, or national origin, led to integration of schools

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Compromise of 1850

A complicated compromise over slavery that permitted some territories to vote on whether they would be slave or free and permitted California to enter the Union as a free state. It also included a strict- and hugely controversial - fugitive slave law forcing Northerners to return Black men and women into bondage

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Dred Scott v. Sandford

a landmark Supreme Court decision holding that Black men could not be citizens under the Constitution of the United States. It created a national uproar, declared Missouri Compromise unconstitutional, exercised the power of judicial review, demonstrated power of the court (outlined a racial order for the entire country)

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Equal Protection of the laws

the landmark phrase in the 14th amendment that requires equal treatment for all citizens

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Jim Crow

the system of racial segregation in the US South that lasted from 1890 to 1965, and that was often violently enforced, backlash to reconstruction

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Missouri Compromise

an agreement to open southern territories west of the Mississippi to slavery while closing northern territories to slavery

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NAACP

a civil rights organization formed in 1909 and dedicated to racial equality

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Plessy v. Ferguson

an 1896 Supreme Court case that permitted racial segregation, "separate but equal” doctrine is upheld, constitution could not make two races equal when one is socially inferior

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Cloture vote

the Senate’s only approved method for halting a filibuster or lifting a legislative hold. If sixty senators- ⅗ of the body, changed in 1975 from the original ⅔- vote for cloture, the measure can proceed to a vote.

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Conference committee

a special house-senate committee that must reconcile the difference between the two chambers’ versions of the same bill.

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Earmark

a legislative item, usually included in spending (‘appropriations’) bills, that directs Congress to fund a particular item in one House member’s district or a senator’s state

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Filibuster

rule unique to the US Senate that allows any senator to hold the floor indefinitely and thereby delay a vote on a bill in which he or she objects. Ended only when sixty senators vote for cloture

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Reapportionment

reorganization of the boundaries of House districts, a process that follows the results of the US census, taken every ten years. District lines are redrawn to ensure rough equality in the number of constituents represented by each House member.

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Veto

the constitutional procedure by which a president can prevent enactment of legislation passed by congress

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Chief of Staff

the individual responsible for managing the president’s office

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Delegated powers of the presidency

national government powers listed explicitly in the Constitution

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Executive agreements

an international agreement made by the president that does not require approval of the Senate

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EOP (executive office of the president)

the agencies that help the president manage daily activities

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Executive order

a presidential declaration, with the force of law, that issues instructions to the executive branch without any requirement for congressional action or approval

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Executive privilege

power claimed by the president to resist requests for authority by Congress, the courts, or the public. Not mentioned in the Constitution but based on the separation of powers

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Expressed powers of the presidency

powers the constitution explicitly grants to the president in Article II

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Going public

directly addressing the public to win support for oneself or one’s ideas, helps to personalize the president

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Imperial presidency

a characterization of the American presidency that suggests it is demonstrating imperial traits, and that the republic is morphing into an empire

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Inherent powers of the presidency

powers neither specified nor implied by the Constitution but judged necessary for the president or Congress to fulfill their duties

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Signing statements

written presidential declarations commenting on the bill that is being signed into law- often including criticism of one or more provisions/

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Unitary Executive Theory

the idea that the Constitution puts the president in charge of executing the laws and that therefore no other branch may limit presidential discretion over executive matters

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Clear and present danger

court doctrine that permits restrictions on free speech if officials believe that the speech will lead to prohibited action such as violence or terrorism

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Dissent

a statement on behalf of the justices who voted in the minority

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Judicial activism

a vigorous or active approach to reviewing the other branches of government, decisions that modify or overturn policies made by the other branches

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Judicial restraint

reluctance to interfere with elected branches, only doing so as a last resort

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Judicial review

The Court’s authority to determine whether legislative, executive, and state actions violate the Constitution and overrule those that do

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Lochner era

a period from 1905-1937 during which the Supreme Court struck down laws (ex. Worker protection of minimum wage laws) that were thought to infringe on economic liberty or the right to contract, laissez faire court, eventually cracked under pressure of the Great Depression

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Majority opinion

the official statement of the Supreme Court (or district courts, since they also have multiple justices)

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Rule of 4

the requirement that at least four Supreme Court judges must agree to hear a case for it to come before the Court

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Stare decisis

deciding cases on the basis of previous rulings or proceedings, (stand by the things decided)