APGOV Bag review

The Exclusionary Rule

A legal principle in the United States that prohibits the use of evidence collected in violation of a defendant's constitutional rights, particularly the Fourth Amendment's protection against unreasonable searches and seizures.

MIRANDA Rule

a legal proceeding that ensures individuals taken into police custody are informed of their rights, including the right to remain silent and the right to an attorney. Arisen from the 5th AMENDMENT!

Procedural Due Process

Tells rules, steps to ensure fairness and proper notice in legal proceedings - ex: Miranda rights, lawyer provided

Substantive Due Process

Idea of the law itself —> are the laws that are being imposed reasonable and fair?

What is the difference between civil liberties and civil rights?

Civil liberties are rights guaranteed by the Constitution whilst civil rights are rights that ensure that every American regardless of sex, religion, race, gender, etc have equal access to all such civil liberties.

What is de facto segregation?

Segeregation caused by SOCIETAL and ECONOMIC factors rather than laws

What is affirmative action?

It describes policies that have been enacted in favour of groups that have been historically discriminated against

What is De jure segregation?

Racial discrimination by LAW

What is the rational basis test?

The judicial standard to test constitutionality of the law by ensuring it meets a reasonable government interference

ex: requiring drivers to wear seatbelts

What is the strict scrutiny test?

The test applied by the Court when a classification (unequal treatment) is based on RACE

What is the heightened scrutiny test?

When a law classifies based on SEX

What is Title VII (7) of the Civil Rights Act of 1964

Prohibits employment practices that disproportionately affect minorities unless they are job-related and necessary — no discrimination at work

What are ex post facto laws?

It makes an act punishable as a crime even if the act was legal when it was committed

Ex: if it was legal to kill someone but later became illegal, the murdered would now be punished

What is the “lemon test”?

It evaluates whether a law of gov activity violated the establishment clause of the 1st amendment

1. Purpose - law or action taken must have a non-religious (secular) reason…

2. Effect: it must not help or hurt any religion

3. Entanglement: it must not get the gov too involved in religious matters

Explain concurring opinion

An opinion written by one or more justices who agree with the decision but for different reasons than those stated in the majority opinion

What is the Clear and Present Danger Test? What case was it established in?

Schenck v United States —

If speech brings imminent danger or harm - the government can punish speech

So, since Schenk was encouraging people not to join during war, he was putting nation at risk

The Espionage Act

Schenck - makes it a crime to intentionally disclose or retain national defense info that could harm US or aid its enemies

What is political patronage?

practice of rewarding political supporters and friends with government jobs or positions, often irrespective of their qualifications or experience. It's essentially a "spoils system" where power is used to reward loyalty and build political connections, rather than based on merit

What is free enterprise?

As little government intervention in economy as possible

Rule of law

The idea that gov is based on a body of law applied equally and fairly to every citizen - not on the whims of those in charge, and that no one is above the law, including the gov

THE LAW APPLIES TO EVERYONE EQUALLY

Equality of opportunity

all individuals should have an equal chance to succeed and advance in society, regardless of their circumstances or background.

What is the “3-tier hierarchy” of the courts?

Supreme court

Courts of Appeals

District Courts

What is appellate jurisdiction?

The Court can only hear appeals from lower courts

What is original jurisdiction?

The Court can hear a case for the first time

When does the SC have original jurisdiction?

In cases between 2 states or involving an ambassador or other public official

What article of the constitution discusses the judiciary branch?

Article 3!!!

Article 1

Establishes LEGISLATIVE branch and bicameral legislature

What Article establishes the executive branch?

Article 2!!!

What court ONLY has original jurisdiction?

District courts

What founding document written by Hamilton gives independence to judicial branch?

Fed 78

What type of democracy/voting is it when voters select who may run for office?

Direct Primary

What are primary elections?

involve voters casting secret ballots: can be open or closed — meaning either any registered voter can participate or only with registered party members

What are caucuses?

Local gathering where party members discuss and choose candidates openly

What type of democracy is it when CITIZENS assemble to discuss, pass laws, and select officials?

DIRECT democracy

What is a representative democracy?

s a system of government where citizens elect representatives to make decisions on their behalf

What idea from the enlightenment is connected with the idea of a representative democracy?

Popular soveriegnty

In terms of political socialization, what is a stratified sample?

When the population is divided into subgroups and weighted based on population demographics

What is the margin of error?

± 3%

What is the libertarian ideology?

MAXIMUM freedom

• few regulations of markets, minimal taxes

• no government spending

• care more about private social freedoms - no gov regulation at all!

• favor private education

Keynesian economics (liberals)

The belief that the government should stimulate the economy during recessions by increasing government spending to jumpstart the economy

Supply-side economics (conservative)

Government should stimulate the economy during recessions by cutting taxes to encourage businesses to grow and taxpayers to spend more money

What is fiscal policy?

Government tax and spending policies

• conducted by Congress and the president

  • keynesian and supply side

What is monetary policy?

Conducted by the Federal Reserve - controls the money supply and interest rates to stabilize the economy

• when interest rates fall, money supply rise

• when interest rates rise, money supply falls

  • because of borrowing! —> less economic activity

Are higher rates of interest rates used to slow down the economy or speed it up?

Slow down - fear of inflation

If the fed is afraid of inflation, what can they do in terms of money supply and interest rates?

They can raise interest rates and cut the money supply —> fewer transactions taking place

What are political cleavages?

divisions in society that influence political attitudes, party alignment, and voting patterns.

Reinforcing cleavages

These are social and economic divisions that collide and cause conflict + polarization

• ex: wealth and race divisions overlapping

Soft money

$$$ raised in unlimited amounts by political parties for party-building drives (like voter registration drives) rather than directly to a candidate

What are predisposing cleavages?

Divisions that the stage for future conflicts based on exicisting social and economic differences

What are polarizing cleavages?

Divisions that actively create conflict and polarization within a society

What are cross-cutting cleavages?

Occur when social and economic different do NOT align but instead ‘cut across one another’, reducing the intensity of conflicts

What are reinforcing cleavages?

Divisions that coincide with one another, making conflicts more intense and polarized .

Explain the issue of “free-riding”

People join unions or collective action groups to get benefits without contributing the project

What voting model explains how people vote on their individual self-interest and carefully study the issues and platforms?

Rational Choice Voting

Retrospective voting

Person notes based on recent track record of politician

Prospective voting

person votes based on predictions of how a party or candidate will perform in the future

Party-line voting

Person votes for all the candidates of a voter’s party

Inititiative

the people start it —

• voters come up with an idea for a new law

• they collect signatures to get it on the ballot

• then public votes to decide if it becomes a law

referendum

Government starts it —

• state legislature (or gov) writes a law

• but instead of passing it themselves, they ask the people to approve or reject it

Political efficacy

The belief about whether your vote matters

ex: if Republican is in all democrat state they might feel their votes doesn’t matter