Study Guide for Exam 2 Political Science 2305

1980 Estelle vs. Ruiz

Texas had prison conditions that were said to violate the 8th Amendment (cruel and unusual punishment)

1973 Miller vs. California

Supreme Court said that obscenity may be regulated by local governments according to the “community standards of decency”

Establishment Clause

The government may not establish or disfavor any particular religion. Must remain neutral.

14^th Amendment

Guarantees citizenship, due process and equal protection of laws to all persons “born or naturalized in the us”. These liberties may not be infringed by the states

Party Platform

A set of beliefs and political ideas that the party supports.

Primary Elections

Elections between members of the same political party to select a candidate to run against the opposition party in the general election

Party-in-Electorate

Mobilize and aggregate majorities for winner take all elections

Party-in-Government

Creates and maintains enduring legislative coalitions to perform legislative tasks on a regular basis

Party Organization

Provide viable candidates for election

1957 Roth vs. US

Obscenity is NOT protected by the First Amendment

Free-Exercise Clause

The government may not restrict the practice of religion unless it violates the law or presents a danger to the public 

Two Party System

Winner-takes-all, single-member district elections result in a two-party system → Duverger’s Law

Federalism

A system of government where a national government shares power with states (or some other type of political subunit) 

Libel

Any defamatory falsehood that damages a person’s reputation → victims of libel may file lawsuits seeking compensation

Dual Federalism

When a federalist country has separate spheres of political authority between states and the national government

2022 Dobbs vs. Jackson

Supreme Court overturned Roe vs. Wade, allowing states to prohibit or severely restrict access to abortion

Cooperative Federalism

Federalist country where there are shared, overlapping areas of political authority

1990 Casey vs. Planned Parenthood

states may regulate access to abortion as long as it creates no “undue burden” on the women seeking services

Mandates

When the federal government requires the states to adopt federal policies

8th Amendment

No excessive bail, fines or cruel and unusual punishment

6th Amendment

• Rights of the accused

  • right to introduce exculpatory evidence

  • right to call witnesses for your defense

  • right to cross-examination of all evidence

  • right to a speedy trial, local jury

  • right to have a lawyer

1963 Gideon vs. Wainwright

States must appoint attorneys for those that cannot afford one (indigent defense)

1966 Miranda vs. Arizona

Requires the police to inform suspects of their rights at the time of arrest

1961 Mapp vs. Ohio

Established the exclusionary rule: evidence that is improperly obtained by the police may not be introduced in court

Incorporation Doctrine

the gradual application of the bill of rights to the states by the Supreme Court through the 14^th Amendment

1833 Barron vs. Baltimore

Bill of Rights only applies to actions of the federal government. The Bill of Rights did not apply to the actions of states.

1919 Schenck vs. US

Political speech may not be abridged unless there is “a clear and present danger.”

1969 Brandenburg vs. Ohio

Political speech may not be abridged unless it represents “an imminent threat of lawless action”

2012 McDonald vs. Chicago

The Supreme Court said it’s a made-up “individual right” to have firearms. This may not be denied by the states.

1973 Roe vs. Wade

Case where the Supreme Court ruled that states may not prohibit access to abortion services in the first trimester of pregnancy

5^th Amendment

Rights of the accused

• No self-incrimination

• No eminent domain without fair compensation

• No double jeopardy

• Right to due process

4^th Amendment

Prohibits searches and seizures by police without a warrant.

Party Coalitions

Groups that politically align themselves with one major party or the other

Party Machines

When corrupt local government party officials use corruption, patronage and violence to control a city

Patronage

any exchange of things of value (jobs, contracts, etc.) for political support

Affective Polarization

Polarizations in the electorate and American institutions due to the development of emotional ties to parties and negative emotions towards opposition supporters

Negative Partisanship

When citizens and elected officials have political opinions and ideas about the opposition party that are malignant and negative → rather than supporting a political party because they like that party’s politics

1971 Lemon vs. Kurtzman

the government may give contracts (money) to religious institutions, but it must be for a “clear secular purpose”

2012 US vs. Arizona

States may not make immigration laws → based on the doctrine of preemption - The states may not engage in policy behavior that is constitutionally reserved to the federal government

2005 Gonzales vs. Raich

Cannabis is interstate commerce → Congress may regulate cannabis

1992 US vs. Lopez

The Supreme Court ruled that the Gun-Free School Zones Act of 1990 was unconstitutional, as carrying a gun in a school zone is not an economic activity that substantially affects interstate commerce. This case limited Congress's power under the Commerce Clause.

Bifactionalization

When disputes emerge between two or more groups in a party coalition.