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Definition
| Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof |
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Term
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| it has been argued that the constitution and the common law allowed for the deduction of a general “right to privacy” but there is no explicit clause in the Constitution regarding this – the Supreme Court did not explicitly recognize this right until 1965 |
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Definition
| Press is needed for the people to receive reliable information about the performance of the elected officials and it is needed for politicians to communicate with their constituents |
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| not protected under the First Amendment; it can be expressed verbally or graphically, such as on the Internet or on the conventional written page |
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| a work was obscene if it was “utterly without redeeming social importance” and, “to the average person, applying contemporary community standards, the dominant theme of the material, taken as a whole, appeals to prurient interests” |
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Definition
| altering the balance of power between federal government and state governments and expanding the range of protections offered by the Bill of Rights |
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| variety of rights and privileges; the Constitution’s protections from government |
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| One of the Reconstruction Amendments; provides citizenship to blacks under citizenship clause |
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Definition
| traditionally revolved around the basic right to be free from unequal treatment based on certain protected characteristics |
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| used not so much to prevent favoritism among religious groups as to root out policies that preferred religious group generally over nonreligious groups engaged in a similar activity |
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| authority of a court to declare legislative and executive acts unconstitutional and therefore invalid |
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Term
| cruel and unusual punishment |
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Definition
| punishment that results in suffering and humiliation |
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Definition
| procedural defense that forbids a defendant from being tried again on the same, or similar, charges following a legitimate acquittal or conviction |
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Definition
| protection from arbitrary action by the national and state governments; following reasonable, legally established procedures |
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Term
| equal protection (equality of population) |
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Definition
| equal protection of all laws granted to all citizens of the U.S.; has also been interpreted to bar discrimination against minorities and women; an equality of population is needed in each district |
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Term
| house and senate electoral design |
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Definition
| Members of Congress and presidents are elected separately. Voters are presented separate choices for senator, representative and president. Members of Congress are elected from states and congressional districts by plurality vote – whoever gets the most votes wins. |
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Term
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Definition
| systems of government in which ministers of the executive branch are drawn from the legislature and are accountable to that body, such that the executive and legislative branches are intertwined |
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Definition
| manipulating geography to get an intended racial percentage outcome |
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Term
| minority-majority redistricting |
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Definition
| rule by which the design of new electoral boundaries must, where possible, create electoral districts which have a majority population of some group that is a national minority |
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Term
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Definition
| "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." |
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| "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." |
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Term
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Definition
| "In all criminal prosecutions, the accused shall... have the Assistance of Counsel for his defence"; the right to a speedy and public trial; the right to counsel |
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| "No person... shall be compelled... to be a witness against himself"; Due process; protection from self-incrimination; double jeopardy; Miranda Rule |
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Definition
| Protection from unreasonable seizures and searches; warrants must be issued on probable cause |
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Definition
| The first ten amendments to the Constitution that were designed to limit the capacity of the government to impose conformity costs on those individuals and minorities whose views differ from those of the majority. |
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Term
| Wesberry v. Sanders (1964) |
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Definition
| case involving congressional districts in the state of Georgia. Court issued a ruling that districted have to be approximately equal in population |
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Term
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Definition
| reaffirmed the Supreme Court’s acceptance of the use of the death penalty for certain crimes, that it is not cruel and unusual punishment |
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Term
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Definition
| 5-4 decision requiring a degree of consistency in the application of the death penalty – led to a de facto moratorium on capital punishment until Gregg v. Georgia |
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Term
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Definition
| Court ruled a New York school prayer was unconstitutional and it invalidated Bible readings in public schools |
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Term
Lemon Test
Lemon v. Kutzman (1971) |
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Definition
1. the statute in question must have a secular legislative purpose such as remedial education
2. the statute's primary effect must be one that neither advances nor inhibits religion
3. the statute must not foster an excessive government entanglement with religion |
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Term
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Definition
| that “if there is a bedrock principle underlying the First Amendment, it is that the Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.” |
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Term
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Definition
| “In each case [the courts] must ask whether the gravity of the ‘evil,’ discounted by its probability, justifies such invasion of free speech as is necessary to avoid the danger.” |
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Term
| Gitlow v. New York (1925) |
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Definition
| ruling that held that states could not abridge free speech rights of their residents |
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Term
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Definition
| a court case that determined to which degree federal legislation should protect free speech. |
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Term
| Gideon v. Wainwright (1963) |
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Definition
| The court determined that anyone charged with a felony must be offered legal representation. The Court later expanded eligibility to include any defendant whose conviction might result in incarceration. |
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Term
| Miranda v. Arizona (1966) |
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Definition
| protects suspects from self-incrimination during the critical time between arrest and arraignment; must be warned that anything they say can be used against them in trial, that they have a right to have a lawyer present for any statements, that the state will provide a lawyer if they can’t afford one and they have the right to end the interrogation at any time |
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Term
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Definition
| the Court did not limit protections to discovery of physical evidence, and it indicated that even searches not involving “physical penetration” of an individual’s space might be illegal |
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Term
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Definition
| extended exclusionary policy to the states – improperly obtained evidence could not be admitted at any trial |
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Term
| Brown v. Board of Education of Topeka |
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Definition
| trumped the “separate but equal” Plessy decision; said that racial segregation generates a feeling of inferiority and that separate educational facilities are inherently unequal |
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Term
| Missouri Compromise of 1820 |
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Definition
| The South agreed to accept Missouri’s southern border as the northern boundary beyond which slavery could not extend in the future; this caused slavery to appear to be “fenced in” and it was a classic “political” solution |
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Term
| (Three) Characteristics of Congress |
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Definition
1. What matters more than anything else is the re-election of that congressman—especially true in the House where they run every 2 years.
2. After reelection is secured, the next highest priority is institutional power and prestige.
3. Members want to promote good public policy (most start out as school board members, etc.)
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Term
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Definition
1. Equality of Population (Equal Protection)
2. Majority-Minority Redistricting |
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Term
| 3 Types of Gerrymandering |
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Definition
1. political: manipulating geography to get an intended racial percentage outcome.
2. packing: creates overwhelming majorities in the state
3. incumbent: protection of officials who already been elected once and are in power |
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Term
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Definition
| the president drags congressmen into congress who have the same beliefs as he does; at the midterm election, the president’s party usually loses seats |
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Term
Two Theories of Presidential Coattails
(Midterm Election Loss) |
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Definition
1. referendum theory
2. surge and decline theory |
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Term
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Definition
| the size of midterm losses depends in part on the performances of the national economy and the president (how presidency is shaping out) |
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Term
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Definition
| during presidential elections there are much higher turnouts; at the midterm election, there is little fanfare and all that’s left is the “hardcore” voters; votes fall back to the medium |
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Term
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Definition
| Members could expand their electoral base by emphasizing individual character, legislative performance, and constituency services, encouraging voters to use such criteria in deciding how to vote; higher allowances, travel, local offices, and communication. |
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Term
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Definition
| requests from constituents for information and help in dealing with government agencies |
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Term
| proportional representation |
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Definition
| Gives a party a share of seats in the legislature matching the share of the votes it wins on Election Day |
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Term
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Definition
| authorized the national government to end segregation in public education and public accommodation |
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Term
| Voting Rights Act of 1965 |
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Definition
| permitted appointment, under Civil Service Commission, or voting examiners in place of local registrars in all areas where less than 50% of those eligible to vote actually voted in the 1964 presidential election |
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Term
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Definition
| vote taken by a call of the roll to determine whether a quorum is present, to establish a quorum, or to vote on a question |
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Term
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Definition
| the formal power of the president to reject bills passed by both houses of Congress; can be overridden by a two-thirds vote in each house |
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Term
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Definition
| the congressional practice of appointing as committee or subcommittee chairs the members of the majority with the most years of committee service |
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Term
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Definition
| a tactic used in the Senate to halt action on a bill; involves making long speeches until the majority retreats |
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Term
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Definition
| a legislative practice in which members of Congress offer reciprocal support to each other's vote-gaining projects or tax breaks |
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Term
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Definition
| a temporary joint committee of the House and Senate appointed to reconcile the differences between the two chambers on a particular piece of legislation |
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Term
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Definition
| a presidential directive to an executive agency establishing new policies or indicating how an existing policy is to be carried out |
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Term
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Definition
| a procedure permitting a president to cancel amounts of new discretionary appropriations, as well as new items of direct spending, and certain limited tax benefits, unless Congress disapproves by law within a specified period of time |
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Term
| unanimous consent agreement |
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Definition
| a unanimous resolution in the Senate restricting debate and limiting amendments to bills on the floor |
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Term
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Definition
| the act of sending a proposed piece of legislation to more than one committee in the same chamber |
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Term
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Definition
| the president's right to withhold information from Congress and the courts |
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Term
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Definition
| concluded that the "president needed help"; called for six loyal "Assistants to the President," who would perform their duties with a "passion for anonymity"; currently close to 400 aides |
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Term
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Definition
| Look at every roll call vote in Congress; When does 50% of one party oppose 50% of the other party? When the majorities oppose one another; This lax and wanes with the strength of each party. |
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Term
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Definition
| The actual measurement of each member of congress; how often they are supporting their party. |
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Term
How does a Bill become a Law?
(9 steps) |
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Definition
1. introducing legislation
2. assignment to a committee
3. hearings
4. reporting a bill
5. scheduling a debate
6. debate and amend
7. the vote
8. in conference
9. the president |
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Term
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Definition
| process is largely routine and routinely political; most important bills are introduced in the House and Senate at the same time so the chambers can work on them simultaneously; only members of Congress may submit legislation to the House or Senate |
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Term
| assignment to a committee |
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Definition
| complex bills are sometimes referred to several committees, and controversial bills are occasionally handled by temporary ad hoc committees appointed for that single purpose; most bills die of neglect |
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Term
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Definition
| invites people to testify in person or in writing about the issue at stake and proposals to deal with it; provides a formal occasion for Congress to monitor the administration of the laws and programs it enacts |
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Term
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Definition
| the subcommittee edits the bill line by line and reports it to the full committee; the full committee then accepts, rejects, or amends the bill |
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Term
| Why were committees developed? |
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Definition
| The House would turn itself into a Committee of the Whole, frame a piece of legislation, elect a temporary committee to draft the bill, then debate and amend the bill line by line; this was intolerably time consuming so the House began to delegate more and more work to permanent committees. |
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Term
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Definition
| noncontroversial bills are put on the Consent Calendar to be passed without debate; such bills may be dealt with expeditiously under a suspension of the rules to allow swift action |
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Term
| Types of Presidential Representation |
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Definition
1. Commander in Chief
2. Head of State
3. Chief Executive
4. Administrator
5. Legislator |
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Term
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Definition
| engaging in intensive public relations to promote the president's policies to the voters and thereby induce cooperation from other office holders in Washington |
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Term
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Definition
| the presidency is a constitutional office largely insulated from congressional control; Congress delegates authority to the executive branch on how to implement the law and the president's power comes from how he implements the law |
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Term
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Definition
| a statement issued by the president that is intended to modify implementation or ignore altogether provisions of a new law |
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Term
| Qualifications for Office |
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Definition
1. natural born citizen
2. 35+ years old
3. live in U.S. for 14+ years |
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