GOV Final Study Guide

1st Amendment

freedom of speech

4th Amendment

protection from unreasonable search and seizures.

5th Amendment

right to remain silent and self incrimination

6th Amendment

must have your Miranda rights read to you

8th Amendment

protection from cruel and unusual punishment

Habeas Corpus

Police must bring the arrested person before the court and justify their arrest.

Grand Jury

group of 16-23 people who investigate if there’s enough evidence to try someone

Indictment

a formal written accusation, issued by a grand jury, charging a person with a crime

Double Jeopardy

you can’t be tried for the same crime twice

Speedy and Public Trial

ensures that the government will try an accused person in a reasonable amount of time and open to the public

trial by jury

the jury decides the verdict of the case

bench trial

only a judge will hear this case

number of jurors on a criminal trial

12

number of jurors on a civil trial

6

Jury Selection Process

(1) randomly selected from lists of voters, (2) must meet qualifications, (3) then the selected jurors are questioned to see if they can do the job

self incrimination (5th ammend.)

you can not be forced to testify against yourself in a criminal case

right to an attorney (6th Ammend.)

you always have the right to an attorney if the police are questioning you.

Capital Punishment

a convicted person is sentenced to death by the state for a crime

What are the two steps of capital Punishment?

(1) trial determines if you are guilty, then (2) determines if you will receive the death penalty.

Briefs

written documents submitted by attorneys to the court, outlining the legal arguments and evidence supporting their client's position

before oral arguments, outlining argument

Are briefs filed before oral arguments or after?

“Friend of the court” briefs

briefs made by individuals who aren’t directly involved in the case, but are related to it.

Solicitor General

represents the U.S. in all cases in which it is a party to the Supreme Court.

Court in Conference

Meeting where the judge, lawyers, and possibly the parties involved in a case gather to discuss the case. Majority decides the outcome.

Majority Opinion

When more than half of the nine justices agree on a specific outcome in a case

Concurring Opinion

Justice from the majority may write this to elaborate on the Majority Opinion

Dissenting Opinion

Justices from the minority may write opposing opinions, which have no immediate impact but may be used by the court in the future.

Establishment Clause

Prohibits the Federal Government from making any law creating an official government religion

How does the Establishment Clause relate to the free exercise clause?

it prevents the government from establishing religion, the exercise clause protects people who believe in those religions.

Abington v. Schempp (1963)

Schempp filed suit against the Abington School District in Pennsylvania because of their mandated school prayer policy.

When do the Police not need a warrant to search?

When they can see the evidence in plain view, or have probable cause.

Probable cause

Requires strong evidence to support a belief that a crime has been, is being, or is about to be committed.

How are public school student’s fourth amendment rights limited?

School officials can conduct searches with reasonable suspicion, not probable cause, schools often conduct wider searches.

T.L.O. v. New Jersey (1985)

The girl’s purse was searched by a public school administrator with probable cause b/c she was seen smoking. He found cigar rolling paper, then further searched and found drugs. The court ruled with the administration.

Plessy v Ferguson (1896)

established separate but equal

Brown v Board of Education (1954)

ruled that racial segregation in public schools was unconstitutional. This overturned the "separate but equal" dotrine

separate but equal

public places/ people’s rights were separate but equal to everyone.

Equal Protection Clause

ensures that all people within a state's jurisdiction are treated equally under the law

Civilian Control of the Military

Top leaders of the military are elected by the people meaning they have control.

Secretary of Defense

Peter Hegseth

Army

land forces, trains and equips soldiers, prepared to defend the U.S. from attacks, and protect American interests abroad.

Navy

(the Marines fall under this dept), seize land bases for the navy to operate from, other land ops necessary for the navy.

Air Force

youngest of the 3, today it is the 1st line of defense, Space Force.

The Monroe Doctrine

Isolations. America is committed to not getting involved with Europe + other wars.

Roosevelt Corollary

Still isolationists, but make exceptions in the western hemisphere, if it is in the interest of the U.S.

Imperialism

a policy of extending a country’s power and influence through diplomacy/military force.

The World Wars

 Attempt at isolation then led to U.S. involvement.

The Cold War

rivalry between the U.S. and the Soviet Union. An arms race but without direct military conflict between them.

The Truman Doctrine

aim to combat communism

Deterrence

Stopping an enemy from acting by displaying military strength.

Containment

preventing the spread of a certain influence.

The War in Afghanistan cause

so we could connect 9/11 to Afghanistan because of the Taliban.

The War in Afghanistan effect

The Taliban came back into power.

How has presidential power grown overtime?

Increased use of the mass media, strengthened federal government

How is presidential power mainly limited?

judicial branch can declare presidential actions unconstitutional

Executing the Law

Pres. must enforce and execute all Federal law regardless of his opinion on the matter.

Who is appointed by the president?

judges, ambassadors, and members of the Cabinet

What is the process of confirmation?

Senate's review and approval of nominees (people the pres has appointed) for various positions

What is an executive order?

A directive issued by the President of the United States that has the force of law.

When and why are executive orders used?

to make a quick decision in an emergency, control federal agencies.

Executive Order Ex: Emancipation Proclamation

During the Civil War, declared slaves in the Confederate States to be free.

Executive Order Ex: Steel Seizure Order 1952

During the Korean War, Truman was worried that steel production would shut down, so he took control of them to prevent a potential strike.

Declaring War

Presidents have often used the armed forces abroad without a declaration of war from Congress.

War Powers Resolution

Congress can make a resolution to allow military force

How does the War Powers Resolution limit the Presidency?

It can limit military spending and lead to opposition.

What scenarios does the War Powers Resolution permit the president to order troops into combat?

if Congress has declared war, if Congress has authorized the action through resolution, and if the nation or its armed forces have been attacked.

Recommending Legislation

suggesting/proposing a law or introducing a bill, which is then referred to a committee for consideration

State of the Union

annual speech by the Pres. outlining the current state of the nation and proposing the President's legislative agenda.

Pocket Veto

an indirect veto of a legislative bill by the president or a governor by retaining the bill unsigned until it is too late for it to be dealt with during the legislative session.

Reprieves

cancel or postpone the punishment of someone

Amnesty

an official pardon for people who have been convicted of political offenses.

Commutation

the action or process of commuting a judicial sentence