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Government
RG 15-16 (selective)
46
Other
12th Grade
04/29/2009

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Term
Affirmative action
Definition
policy designed to give special attention to or compensatory treatment to members of some previously disadvantaged group
Term
Commercial speech
Definition
communication in the form of advertising
Term
Americans with Disabilities Act
Definition
law requiring employers and public facilities to make "reasonable accommodations" for people with disabilities and prohibits discrimination against these individuals in employment
Term
Due Process Clause
Definition
part of the fourteenth Amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the US or state governments without due process of law
Term
Establishment Clause
Definition
part of the First Amendment stating that "Congress shall make no law respecting an establishment of religion"
Term
Exclusionary rule
Definition
rule that evidence, no matter how incriminating, cannot be introduced into a trial if it was not constitutionally obtained
Term
Equal Protection of the Laws
Definition
part of the fourteenth Amendment emphasizing that the laws must provide equivalent "protection" to all people
Term
Free exercise clause
Definition
First Amendment provision that prohibits government from interfering with the practice of religion
Term
Incorporation doctrine
Definition
legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the Fourteenth Amendment
Term
Libel
Definition
publication of false or malicious statements that damage someone's reputation
Term
Prior restraint
Definition
government's preventing material from being published
Term
Probable cause
Definition
situation occurring when the police have reason to believe that a person should be arrested
Term
Self-incrimination
Definition
situation occurring when an individual accused of a crime is compelled to be a witness against himself/herself in court. Illegal in law
Term
Suffrage
Definition
legal right to vote. Fifteenth A (African Americans), Nineteenth A (women), and Twenty-sixth A (over 18)
Term
Symbolic speech
Definition
nonverbal communication
Term
Voting Rights Act (1965)
Definition
law designed to help end formal and informal barriers to African American suffrage. Under the law, federal registrars were sent to Southern states and counties that had long histories of discriminations
Term
Brown v Board of Education
Definition
school segregation in Topeka, Kansas was inherently unconstitutional because it violated the Fourteenth Amendment's guarantee of equal protection
Term
Scott v Sandford
Definition
people of African descent imported into the US and held as slaves or their descendants, free or not, could never be citizens of the US and that the US Congress had no authority to prohibit slavery in federal territories. Considered the epitome of American shame and cleared the way for the Civil War to progress
Term
Korematsu v US
Definition
upheld as constitutional the internment of more than 100 thousand Japanese American in encampments during WWII. Also considered a shameful American ruling
Term
Plessy v Ferguson
Definition
constitutional justification for segregation by ruling that a Louisiana law requiring "equal but separate accommodations for the white and colored races" was not unconstitutional. Another humiliating American shame
Term
Regents v Bakke
Definition
state university could not admit less qualified individuals solely because of their race
Term
Barron v Baltimore
Definition
Bill of Rights restrained only the national government, not the states and cities
Term
Engel v Vitale
Definition
state officials violated the First Amendment when they wrote a prayer to be recited by New York's schoolchildren
Term
Gideon v Wainwright
Definition
anyone accused of a felony where imprisonment may be imposed has a right to a lawyer
Term
Gitlow v New York
Definition
freedoms of press and speech are "fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from impairment by the states" as well as the federal government
Term
Gregg v Georgia
Definition
upholds the constitutionality of the death penalty. "It is an extreme sanction, suitable to the most extreme of crimes." Did not believe that the death sentence constitutes cruel and unusual punishment
Term
Lemon v Kurtzman
Definition
aid to church-related schools must have a secular legislative purpose, have a primary effect that neither advances nor inhibits religion, and not foster excessive government entanglement with religion
Term
Mapp v Ohio
Definition
Fourth Amendment's protection against unreasonable searches and seizures must be extended to the states as well as the federal government
Term
Miller v California
Definition
avoids defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a "prurient interest"
Term
Miranda v Arizona
Definition
sets guidelines for police questioning of accused persons to protect them against self-incrimination and to protect their right to counsel
Term
NY Times v Sullivan
Definition
establishes guidelines for determining whether public officials and public figures could win damage suits for libel
Term
Planned Parenthood v Casey
Definition
Supreme Court loosens its standard for evaluating restrictions on abortion from one of "strict scrutiny" of any restraints on a "fundamental right" to one of "undue burden" that permits considerably more regulation
Term
Roe v Wade
Definition
state ban on all abortions was unconstitutional. Forbade state control over abortions during first trimester, permits states to limit abortions to protect the mother's health in second trimester, and permits states to protect the fetus during third trimester
Term
Schenck v US
Definition
upholds the conviction of a socialist who had urged young men to resist the draft during WWI. Justice Holmes declares that government can limit speech if the speech provokes a "clear and present danger" of substantive evils
Term
Texas v Johnson
Definition
struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment
Term
List five elements of the Weberian model of bureaucracy.
Definition
Has hierarchical authority structure, uses task specialization, develops extensive rules, operates on merit principle, behaves with impersonality
Term
What's the difference between the acquisitive monopolistic model of bureaucracy and the garbage can model of bureaucracy?
Definition
Monopolistic Model bureaucracies are expected to run like private companies which is to maximize their budgets and power. They are monopolistic due to no lack of clients. Garbage Can bureaucracies are a "loose collection of ideas" which uses their plethora of ideas to try and solve problems that may have arisen
Term
What are three minimum elements of implementation?
Definition
creation of a new agency or assignment of a new responsibility to an old agency, translation of policy goals into operational rules and development of guidelines for the program, coordination of resources and personnel to achieve the intended goals
Term
What are some reasons implementation might fail?
Definition
faulty program design, lack of clarity, lack of resources, administrative routine or SOP may become obstacles to action, mischief may occur in Administrator's disposition, coordination between relevant agencies is challenging/fragmenting
Term
What's the difference between an iron triangle and an issue network?
Definition
Iron triangle works together due to their mutual dependency, whereas issue network work together due to their collective intellectual or emotional commitments
Term
What effect does bureaucracy have on the scope of government?
Definition
Bureaucracies shrink the government as the population the bureaucracies work for increases faster than the bureaucracies themselves. Existing bureaucracies are forced to take on additional new roles and services for the expanding American population
Term
Explain the practice of senatorial courtesy.
Definition
unwritten tradition in which nominations for lower-court positions are not confirmed when opposed by a senator from the state in which the nominee is to serve. This meant that other senators would faithfully vote with the opposing senator to reject the nomination that the president has put forth, making it difficult for the president to offer a candidate that would pass inspection and approval
Term
What is "standing to sue"?
Definition
requirement that plaintiffs have a serious interest in a case, which depends on whether they have sustained or are likely to sustain a direct and substantial injury from a party or an action of government
Term
What's the Warren Court basic ideology, judicial attitude, and key cases?
Definition
Judicial Activism. Segregation is unconstitutional and political and judicial equality for all. Rules that segregation of public schools were unconstitutional, expanded the rights of criminal defendants, extends the right to counsel and protections from various unfair illegal practices, ordered states to reapportion both their legislatures and their congressional districts to the principle of one person, one vote, and finally prohibited organized prayer in public schools
Term
What's the Burger Court's basic ideology, judicial attitude, and key cases?
Definition
Judicial Restraint. Narrows defendant's rights, requires school busing in certain cases to eliminate historic segregation, upheld affirmative action programs in the Weber case, and most importantly orders Nixon to turn the White House tapes over to the courts
Term
What's the Rehnquist Court's basic ideology, judicial attitude, and key cases?
Definition
Judicial Restraint. Would typically defer to the will of the majority and the rules of the government instead of being the special protector of individual liberties and civil rights for minorities. The Court has limited, but not reversed, rights established by liberal decisions such as those regarding defendants' rights and abortions
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