Presentation Transcript

1. AP Gov’t Review

2. 1. Purpose of Government is to maintain order, Provide for the public good & Promoting Equality 2. Direct (participatory) democracy citizens rule themselves rather than electing representatives to govern on their behalf. Small ne town. Indirect (Representative) democracy citizens elect public officials to govern on their behalf. I.E. United States Congress 3. On your own Traditional democracy; Pluralist – gov’t by the people competing through interest groups i.e. naacp could not get congress to outlaw segregated schools so turned to federal court system to do what congress could/would not. Elite Theory – Small wealthy minority make the most important gov’t decisions. i.e. a few individuals wield power in America bc they control its key financial, communications, industrial, and gov’t institutions. Hyperpluralism – Several groups have become so strong that the gov’t can’t control them. Extreme form of pluralism. I.e. abortion and gay marriage. Many states are passing them w/ influence from key groups
3. 5. Family tends to be important agent of early socialization. School has equal influence, elementary – patriotic rituals Secondary – good citizenship, Community/peers – not as much but could if the community is homogeneous 6. @ home P. 557 Janda 7. Hobbes – life was nasty brutish and short. Complete obedience to gov’t’s strict laws a small price to pay for the security of living in a civil society. Locke – social contract theory. Gov’t is there to protect the god given rights for people. If the gov’t takes away these rights people have the right to resist or remove rulers who violate these purposes.
4. 8. @ home p. 64 Janda 9. Powers of central gov’t – could coordinate actions of the sovereign states. Gave one vote in congress to each state 9 of 13 votes needed to pass legislation. Powerless essentially 10. National gov’t did not have the power to tax Had no independent leadership position to direct the government Did not allow the national gov’t to regulate interstate and foreign commerce Could not amend the articles without agreement of all 13 state legislatures, each state essentially had the veto power.
5. 11. Showed economic problems the US had. Wanted to restrict foreign imports but blocked by states exporting. Many people faced foreclosure including farmers. Once they rebelled no army to put them down and once congress approved $530 k for a national army Virginia vetoed it. 12. What did Madison say about factions in Federalist No. 10 13. Connecticut Compromise – “Great compromise” Small vs. large states and representation in congress 14. Slaves counted as 3/5 representation in the HOR, Gave slave states larger representation in congress. Had they been allowed to count slaves as 1 person they would have had 50% of the seats in the house. Had they not counted at all they would have had 41% seats in the house. With 3/5 slaves states held 47% seats in the house. 3/5 clause gave slave states greater influence in selecting the president bc of the electoral college is based on number of people. Also undertaxed states with slave populations.
6. 15. What is Sovereignty? Limited government? Legalized force is restricted through delegated and enumerated powers. I.E. - U.S. Constitution, and bill of rights, designed to limit government’s role in individual liberty and protect private property Separation of Powers? Checks & Balances? Judicial Review? Power of federal courts to declare laws of Congress and acts of the executive branch void and unenforceable if they are judged to be in conflict with the Constitution. Federalism?
7. 16. Writ of Habeas Corpus – An order to produce an arrested person before a judge. (may not be suspended except during invasion or rebellion) Bill of Attainder – law that declares a person, without a trial, to be guilty of a crime. May not be passed by congress or the states. Ex Post Facto Law – Law that makes an act criminal although the act was legal when it was committed. May not be passed by congress or the states.
8. 17. Full faith and credit clause – states must give faith or enforce the legal acts of every other state Supremacy clause – The constitution, laws passed by Congress, and treateies of the United States shall be the supreme Law of the Land. i.e. national law is supreme over state law if they oppose each other. 18. Why did many states want the US constitution to include a bill of rights? 19. How did these cases shape the evolution of BOR Barron v. Baltimore – city had taken away his private prop, limiting his 5th amendment. Supreme court ruled with appellate court that it did not apply to the state gov’t. They had drafted their own constitutions for their own states. U.S. constitution applied to federal government Gitlow v. NY – spread anti – government material. Violated a law against spreading anti-government material in NY. Decided he was arrested correctly because he broke the law, NY did violate his 1st amendment to free speech as long as they are in the legal bounds of what they are saying , he was not.
9. 20. & 21. @ home 22. What is Federalism? 23. Why did the founders feel that dividing the power was necessary? 24. Dual Federalism v. cooperative federalism . 25. Decentralization – The process of redistributing or dispersing functions, powers, people or things away from a central location or authority How does federalism display decentralization? 26. Enumerated – powers given to congress as stated in the constitution Implied – powers given so that it may exercise its enumerated powers. Elastic clause Inherent – powers given bc you are a gov’t, typically inferred from the constitution Reserved – Powers reserved for the state Concurrent – powers shared by national and state gov’ts
10. 27. Why is the necessary and proper called the "elastic clause"? 28. What was the precedent set in the Supreme Court case McCollough v. Maryland? 29. Gibbons v. Ogden, interpreted the Commerce clause of the U.S. interpreting the word commerce broadly to include virtually every form of commercial activity. Gave nation more power 30. Why is cooperative federalism referred to marble cake federalism (see prev. picture). 31. @ home, example of how the U.S. has become more cooperative. 32. Fiscal Federalism - It is the name given to a system of financial transfers between the federal and state and local governments to pursue policy initiatives.
11. 33. Carrot & Stick metaphor - The "carrot and stick" approach (also "carrot or stick approach") is an idiom that refers to a policy of offering a combination of rewards and punishment to induce behavior. It is named in reference to a cart driver dangling a carrot in front of a mule and holding a stick behind it. The mule would move towards the carrot because it wants the reward of food, while also moving away from the stick behind it, since it does not want the punishment of pain, thus drawing the cart. 34.Grant in aid(add to review) - money paid by one level of government to another level to be spent for a given purpose. Categorical Grants - target specific purposes, and restriction on their use typically leave the recipient government relatively little formal discretion. Formula Grants - A Categorical Grant that is distributed according to specific sets of rules or formulas that define who is eligible for the grant and how much the eligible person may receive. Project Grants - The majority of grants; awarded on the basis of competitive applications submitted by prospective recipients to perform a specific task or function. Block Grants - Opposite of Categorical Grants, Grants-in-aid awarded for general, broad purposes.
12. 35. Unfunded Mandate - imposing requirements without providing the financial support needed to satisfy them.  How does No Child Left Behind exemplify the meaning of an unfunded mandate? Because states are required to fulfill extensive accountability requirements to receive NCLB funding, they have argued, unsuccessfully, that NCLB is an "unfunded mandate." For example, the state of Connecticut sued the federal government in 2005 for allegedly requiring the state to spend millions of state dollars on additional NCLB testing. A federal judge dismissed Connecticut's lawsuit on jurisdictional grounds, effectively ending the state's challenge. However, NCLB does not mandate that states participate in the program. All requirements are a condition of funds. While a state may struggle financially without federal education funding, it could choose to opt out of NCLB and the requirements it includes. As a result, it is inaccurate to refer to NCLB as an "unfunded mandate." The law's requirements only apply to those states that voluntarily elect to participate.
13. states that voluntarily elect to participate. 36. Devolution - idea that aimed to pass on to the states many federal functions. Reagan, Bush, Clinton all tried to push this through Congress. 37. 4 functions of political parties Nominating Candidates Structuring the Voting Choice - reducing the number of candidates on the ballot to those who have a realistic chance of winning. Proposing Alternative Government Programs - general policies the candidates will choose if they are elected Coordinating the Actions of Government Officials - Help bridge the gap between the president and the leaders of the house and senate on policy matters.
14. 38. partisanship - divided gov't 39. Role of third parties to express some voters' discontent with choices offered by the major parties and to work for their own objectives within the electoral system. 40. How does the American political system limit thrid parties? 41. How are they spoilers in elections. I.E. democrats against Lincoln. 42. Do @ home 43. Purpose of Primary elections is to select the candidates who will run for office in a subsequent election. 44. What is a political machine? pros? cons? 45. Do at home after reviewing chart later on in review.
15. 46. Two kinds of party realignment 1 - A major party is so badly defeated that is disappears and a new party emerges to take its place. Happened to both the Federalists and the Whigs. 2 - Two existing parties continue but voters shift their support from one to the other. 1896 & 1932 47. Dealignment- where a majority of voters desert their previous party alignments. Why do many feel the US is in a current state of dealignment? 48. Do Chart @ home. 49. Political Efficacy - Amount of impact citizens feel they have on gov't. How does it affect voter intensity?
16. 50. Internal is one's ability to understand and influence political events. External is the belief that government will respond to it's citizens. 51. Which demographic vote more, which demographic vote less? 52. Advertising and travel costs. The more markets you can get in, the greater the chance you have of succeeding but the greater cost as well. 53. electioneering - taking part actively and energetically in the activities of an election campaign. 54. Why do PAC's begin, what do PAC's do? 55. What do you think?? 56. Soft $ - $ raised and spent by parties for activities (drives, registrations, mailings) but not on the candidate. McCain Feingold Act known as Bipartisan Campaign Finance Reform Act (BCRA 2002) essentially limited soft money donations but raised the amount of hard money you could give campaigns.
17. 57. Amount of hard money that could be given to a candidate (was $1,000 in 1976) 58. Bipartisan federal agency that oversees the financing of national election campaigns. 59. What is an incumbent? Why does the HOR have a greater reelection rate than the senate? Senate usually sees a big swing in the nations mood during reelection. Name recognition due to every 2 year elections in HOR also a big plus. 60. Franking? Pork-barrel legislation? Junkets - Trip taken by a politician seen as important and for business but has more to do with travel and leisure. Credit-claiming - personal/district service. similar to pork barrel legislation
18. 61. HOR qualifications - 25 yo. Citizen 7 years. Resident of the state representing 62. How is determined how many seats a state gets in teh house? 63. Our legislature, district of one seat sends winner (first past the post) to a body of multiple people. 64. Marginal districts - Incumbents Win a seat to the HOR by less 55% vote Close race Safe Districts - incumbents win by 55% or more votes. 65. Set up two Senators from each State, elected by the people, for six years. 66. 30 yo, Citizen for 9 years. Resident of state representing 67. Why were the framers hesitant for a popular vote? 68. Do @ home 69. Do @ home
19. 70. Primary simpoly cast your ballot. Caucus is a meeting where people meet locally and openly decide who they will support. 71. Closed - Must register their party affiliation to vote on that party's potential nominees. Open - any voter, regardless of party registration or affiliation, could choose either party's ballot 72. Get it done earlier in the year to gain attention from the media and the candidates "New Hampshire envy" 73. National convention is where parties nominate their candidate for President and Vice President 74. Pros and cons of being an incumbent Presidential candidate. 75. Pros and cons of being a challenger in a presidential election. 76. Population of the state
20. 77. Reapportionment - redistribution of representatives among the states. Based on population change in the HOR after each Census. 2010 Utah increased 78. Add Packing/Cracking definitions. Why is gerrymandering so controversial, regulations @ home 79. Gerrymandering Supreme Ct Cases , Shaw v. Reno, Vieth v. Jubelirer Do @ home 80. Hierarchy of leadership in HOR 81. Why are committees an important element in the HOR? 82. do @ home, add rules committee
21. 83. Iron Triangle - Close relationship between an agency, a congressional committee and an interest group. I.E Dept of VA, House committee on VA and veteran organizations 84. Pros and cons of Iron Triangles 85. Differences that distinguish senate from the house 86. Hierarchy of leadership in the senate, who has the real power? 87. Try all impeachments, make treaties, Declare war 88. Filibuster? Why do they only happen in the Senate? How can a filibuster be broken? 89. Do @ home 90. Do @ home
22. 91. Options President can take after Congress has passed a bill. Pass and make a law Line Item veto, send back with corrections or suggestions Pocket Veto Veto 5th - Ignore it for 10 days and becomes law anyways 92. How can the Supreme Court affect a law? 93. No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.
23. 94. Presidential Succession amendment also Presidential disability 95. Do @ home, Nixon is a good one 96. Do @ home 97. 2 term , 10 year limit for President 98. Do @ home 99. VP is President of the Senate and presides over it, casts a vote when there is a tie Assumes role of president in matters of death, impeachment, or incapacitation of the president 100. Coattails - the alleged tendency of candidates to win more votes in an election because of the presence of a better known candidate such as the President.
24. 101. Do @ home 102. Pardon - Can pardon/forgive individuals who haave committed "offenses against the United States, except in Cases of Impeachment." Reprieve - a cancellation of postponement of punishment Most Famous pardon in US political history? A month after becoming President Ford granted private citizen Richard Nixon an unconditional pardon for all crimes that he may have committed. 103. Do @ home, Chapter 12 Janda 104. Chief of staff, unquestioned leader of the staff. Run the whole operation for the President. Administer what happens in the White House
25. 105. Why is the beginning of a term considered a honeymoon phase? 106. What factors cause to a president to have positive public opinion poll figures? Media, good economy at the time, war 107. Do @ home P. 137 108. Why is polling an important part of the US political system? capture the opinion of millions of people 109. Exit Polls - interviews with randomly selected voters conducted at polling places on Election Day in a representative sample of voting districts. pros - get opinions , usually very accurate cons - Sometime sampling errors, very hard for pollsters to predict the winner in a close election. Large sample size for every 500,000 pollsters need to make about 15,000 telephone calls
26. 110. Acts as a spokesperson for the President, meets with the press. He/She is responsible for communicating the president’s reactions to world events, as well as providing information about actions of the White House and the president’s administration. 111. Why do president's need to worry about their public image? 112. The President's proposal to the U.S. Congress which recommends funding levels for the next fiscal year, beginning October 1. 113. OMB (Office of Management and Budget) Most owerful domestic agency in the bureaucracy, director attends meeting with the president's cabinet.  OMB initiates the budget process each spring and requests  from every gov't agency on how much money they will need for the next fiscal year. Essentially prepare and submit the budget for the President.
27. 114. Taxes, specifically income and payroll taxes. 115. A budget surplus might be used to pay off debt, save for the future, or to make a desired purchase that has been delayed. A city government that had a surplus might use the money to make improvements to a run-down park, for example. 116. When the government spends more than it makes or takes in from taxes. National debt grows. 117. 62% of the federal budget goes to entitlements. Major entitlements (Social Security, Medicare, Medicaid, Children's Health Insurance Program, Obamacare ). Fixed expenses are expenses that have to be paid like salaries. Entitlements are essentially salaries that have to be paid out. 118. Do @ home 119. Budget & Accounting Act of 1921
28. 120. Do @ home 121. Civilian workforce working for the government. 122. Regulatory agency,  independent governmental commission established by legislative act in order to set standards in a specific field of activity, or operations, in the private sector of the economy and to then enforce those standards. Quasi-Legislative - Because while the municipal officers of some agencies have broad executive powers, their legislative, or law-making, powers are limited to what is granted by either state law or local charter or ordinance. In other words, they have no inherent right to legislate. Same goes for executive and judicial. Quasi-judicial agencies make up for that lack of power by giving some agencies the right to take action. 123. Exec. agency is part of a govt department to carry out some part of the executive functions. i.e. Office of Management and Budget, NSC Regulatory agency - established by a separate statute of the U.S. Congress and defines what goals the agency must work towards and what areas, if any, they have rulemaking power. i.e. EPA, Consumer Product Safety Commission
29. 124. The “The spoils system”/or political patronage.  President Garfield was shot by a man who felt he deserved a job for his efforts in helping get Garfield elected to office. 125. The Hatch Act passed by Congress in 1939 made it illegal for federal civil service employees to take an active part in political management or political campaigns by serving as party officers, soliciting campaign funds, running for partisan office, working in a partisan campaign, endorsing partisan candidates, taking voters to the polls, counting ballots, circulating, nominating petitions or being delegates to a convention. 126. Office of Personnel Management (OPM) - formerly the civil service commission, created to reduce the practice of filling government positions with the president's political allies or cronies. Merit Systems Protection Board - essentially oversees the OPM and makes sure th Hatch Act is enforced. 127. entity - exists in itself. Because people generally cannot be self-governing. Everyone has different ideas of how things should be
30. 128. Do @ home 129. Who must confirm any leader of the cabinet department? 130. The executive branch of the government is divided into 15 cabinet departments that set policies and oversee programs affecting every American. These agencies' myriad responsibilities require thousands of skilled professionals working in offices nationwide. 131. Do @ home 132. Gov't Corporation - a govt agency that performs services that might be provided by the private sector i.e. postal service 133. Do @ home
31. 134. The Administrative Procedure Act (1947) sets up a process for the United States federal courts to directly review agency decisions. It is one of the most important pieces of United States administrative law. The Freedom of Information Act (1966) - The Act defines agency records subject to disclosure, outlines mandatory disclosure procedures and grants nine exemptions to the statute The National Environmental Policy Act (1969) - NEPA's most significant effect was to set up procedural requirements for all federal government agencies to prepare Environmental Assessments (EAs) and Environmental Impact Statements The Privacy Act of 1974 - The Privacy Act requires that agencies give the public notice of their systems of records by publication in the Federal Register. The Privacy Act prohibits the disclosure of information from a system of records absent the written consent of the subject individual, unless the disclosure is pursuant to one of twelve statutory exceptions. The Open Meeting Law (1976) - An act to require certain meetings of certain public bodies to be open to the public; to require notice and the keeping of minutes of meetings; to provide for enforcement; to provide for invalidation of governmental decisions under certain circumstances; to provide penalties; and to repeal certain acts and parts of acts.
32. 135. the president power to appoint various sorts of officials. In 1789 Congress gave the president power to remove officials without congressional assent, but the question of who (if anyone) would actually control the bureaucracy has been hotly contested throughout American history 136. congressional investigations are the most visible and dramatic form of oversight. 137.  The Supreme Court has interceded to restrict political patronage on constitutional grounds. 138. Issue networks - Network of people in D.C. based interest groups, congressional staffs, in universities and think tanks, and mass media who advocate public policies. iron triangle - close relationship between an agency, a congressional committee, and an interest group. Why would an issue network be more prevalent? 139. Senatorial courtesy - gives heavy weight to the preferences of the senators from the state where a federal district judge is to serve. Ordinarily, the Senate will not confirm a district court judge if the senior senator from the state where the district is located objects. How does this represent checks and balances and why do presidents often follow this unwritten rule?
33. 140. A normal (petit) jury hears evidence of a case after the arrest and arraignment of the accused. A grand jury hears evidence before the case is filed and may issue indictments based on the evidence presented by the prosecutor alone 141. Do @ home 142. A constitutional court is one exercising the judicial powers found in Article III of the constitution, and therefore its judges are given constitutional protection: they may not be fired nor may their salaries be reduced while they are in office A legislative court is one set up be Congress for some specialized purpose and staffed with people who have fixed terms of office and can be removed or have their salaries reduced. 143. 1. Cases involving ambassadors 2. Disputes between the states
34. 144. 4500 +, less than 200, rule of 4 145. Already been taken care of by a lower court decision…sent back 146. Let the decision stand…precedent 147. Before oral arguments, the parties to a case file legal briefs outlining their arguments. 30 minutes. 148.  Majority Opinion - The majority opinion is an explanation of the reasoning behind the majority decision of a supreme court. Concurring Opinion - an opinion that agrees with the court's disposition of the case but is written to express a particular judge's reasoning Dissenting Opinion - an opinion that disagrees with the court's disposition of the case Per Curium Opinion - phrase used to distinguish an opinion of the whole court from an opinion written by any one judge. Sometimes per curium signifies an opinion written by the chief justice or presiding judge; it can also refer to a brief oral announcement of the disposition of a case by the court that is unaccompanied by a written opinion
35. 149. They write dissenting opinions when they disagree with the Supreme Court ruling. Not every Supreme Court ruling is unanimous. Some are by 5 to 4, or 6-3, or 7 to 2 or 8 to 1 majorities. Some cases are by other majorities if not all nine justices vote on the case. The minority justices, that is the dissenting justices, write their own opinion to state why the think the majority is wrong and what they would have ruled and why. 150. Decisions relating to Federalism 151. He is remembered principally for the Dred Scott decision (1857) 152. Do @ home 153. Synonymous with the concept of Judicial Activism, which is? 154. Do @ home 155. The Burger Court is best remembered for its ruling in Roe v. Wade (1973), which held that there is a constitutionally protected right to have an abortion
36. 156. Do @ home 157. Meaning of both judicial activism/restraint? 158. Judicial Restraint, why?? 159. Political Questions - issues that he Supreme Court will allow the executive and legislative branches to decide. Stating the constitution left that matter to another branch of government to decide for itself. i.e. congressional district boundaries 160. What is the court's power of judicial review? 161. Do @ home
37. 162. The Constitution does not specify qualifications for Justices such as age, education, profession, or native-born citizenship. A Justice does not have to be a lawyer or a law school graduate, but all Justices have been trained in the law. Many of the 18th and 19th century Justices studied law under a mentor because there were few law schools in the country. 163. They try to find judges the believe the same way they do, broadly and sometimes on specific issues. The Judiciary Committee is the Senate Committee that grills the nominees and decides whether they are worthy (and qualified) or not. They make a recommendation to the entire Senate based on their "findings". More often then not, if the President is from another party than the majority in the Senate, they try to find ways to disqualify the nominee, not based on qualifications but on something they said or did in the past. On the other hand, if the Senate majority party is the same as the President's they will find excuses to ignore embarrassing past comments. Will usually try to find middle ground/moderate candidates at this point 164. Litmus Test – a test to examine the political ideology of a nominated judge. What is the purpose of this?
38. 165. The final meeting prior to an appointment, The chairman of the committee exercise quit a bit of control. Do background on the candidate, interview the candidate and associates. Clarence Thomas - President Bush's nomination of Clarence Thomas (to replace African American Thurgood marshall) was instantly controversial. Many African-American and Civil Rights organizations including: the NAACP, the National Bar Association, and the Urban League, opposed the Thomas nomination. These organizations feared that Thomas's conservative stance on issues such as Affirmative Action would reverse the Civil Rights gains that Justice Marshall had fought so hard to achieve. Women's groups including the National Organization for Women were equally concerned that Clarence Thomas, if appointed to the high court, would rule against legal abortion. The legal community also voiced apprehension about Thomas's clear lack of experience since he had only served two years as a federal judge. When the nomination moved to the floor of the Senate, it took a sudden and dramatic turn when Anita Hill, a law professor at the University of Oklahoma, came forward with accusations that Clarence Thomas had sexually harassed her. Eventually Senate voted 52-48 to confirm Clarence Thomas as associate justice of the Supreme Court.
39. 166. May influence with donations, smear campaigns (damage the reputation of not only supreme court nominees but also any politician.) 167. What is the concept of unalienable rights? 168. The Privileges and Immunities Clauses are found in two places: In the U.S. Constitution in Article IV and the Fourteenth Amendment. The purpose of this clause was to make it easier to unify the independent states into one nation. This would be so that the citizens (not those who are not U.S. citizens) who traveled throughout the country would receive equal treatment from the states that they traveled through. Dred Scott (circa 1799 – September 17, 1858) was a slave in the United States who unsuccessfully sued for his freedom and that of his wife and their two daughters in the Dred Scott v. Sandford case of 1857, popularly known as the "Dred Scott Decision." The case was based on the fact that although he and his wife Harriet Scott were slaves, they had lived with his master, Dr. John Emerson, in states and territories where slavery was illegal according to both state laws and the Northwest Ordinance of 1787, including Illinois and Minnesota (which was then part of the Wisconsin Territory). The United States Supreme Court decided 7–2 against Scott, finding that neither he nor any other person of African ancestry could claim citizenship in the United States, and therefore Scott could not bring suit in federal court under diversity of citizenship rules
40. 169. Why did the federalists eventually decide to include a national Bill of Rights in order to get the Constitution ratified? 170. Prior to the ratification of the Fourteenth Amendment and the development of the incorporation doctrine, the Supreme Court in 1833 held in Barron v. Baltimore that the Bill of Rights applied only to the federal, but not any state governments. Even years after the ratification of the Fourteenth Amendment, the Supreme Court in United States v. Cruikshank (1876) still held that the First and Second Amendment did not apply to state governments. However, beginning in the 1920s, a series of United States Supreme Court decisions interpreted the Fourteenth Amendment to "incorporate" most portions of the Bill of Rights, making these portions, for the first time, enforceable against the state governments. 171. How did the case of gitlow v. New York affect the interpretation of the Bill of Rights?
41. 172. procedural due process makes sure that all legal and administrative proceedings are fair. Substantive due process requires the government to give an individual due process before taking away their fundamental rights. 173. Court ruling that government cannot be involved with religion, still incredibly controversial 174. First Amendment prohibits congress from making a law “respecting” an “establishment”. Supreme Court has consistently translated this to mean that the constitution erects a “wall of separation” between church and state. 175. The Lemon test, based on the 1971 U.S. Supreme Court ruling in Lemon v. Kurtzman, is the standard of judicial review in cases involving the establishment clause of the First Amendment. The Lemon test involves three criteria for judging whether laws or governmental actions are allowable under the establishment clause. A negative answer to any of the three questions means the act is unconstitutional. Does the challenged law, or other governmental action, have a bona fide secular (non-religious) or civic purpose?  Does the primary effect of the law or action neither advance nor inhibit religion? In other words, is it neutral?  Does the law or action avoid excessive entanglement of government with religion? If the answer to all three is yes, the law passes the Lemon test.
42. 176. Main reason why the pilgrims first came over here, 1st amendment protect freedom of religion 177. The First Amendment prohibits the federal government from making a law "respecting an establishment of religion, or prohibiting the free exercise thereof". This provision was later expanded to state and local governments, through the Incorporation of the FourteenthAmendment. 178. Free Exercise Clause ensures that the government can neither promote nor inhibit religious beliefs or practices. Rest of 178 do @ home 179. Pure speech in United States law is the communication of ideas through spoken or written words or through conduct limited in form to that necessary to convey the idea. symbolic speech or "speech plus," which involves conveying an idea or message through behavior. What is Symbolic behavior?
43. 180. The Alien and Sedition Acts of 1798. The Alien Act allowed the President to arrest, imprison, and deport "dangerous" immigrants on mere suspicion of "treasonable or secret machinations against the government." If a deported alien returned, the President could imprison him for as long as he thought "the public safety may require." The Sedition Act made it unlawful for any person to write, print, publish, or speak anything "false, scandalous and malicious" about the government, either Congress or the Executive, if it was done with the intent to defame or to bring the government "into contempt or disrepute," or to excite the hatred of the people against the United States. 181. Do @ home 182. a prior restraint is government action that prohibits speech or other expression before it can take place.  There are two common forms of prior restraints. The first is a statute or regulation that requires a speaker to acquire a permit or license before speaking, and the second is a judicial injunction that prohibits certain speech. Both types of prior restraint are strongly disfavored, and, with some exceptions, generally unconstitutional.   In Near v. Minnesota, the Court struck down a Minnesota state law that permitted public officials to seek an Injunction to stop publication of any "malicious, scandalous and defamatory newspaper, magazine, or other periodical." The statute was used to suppress publication of a small Minneapolis newspaper, the Saturday Press, which had crudely maligned local police and political officials, often in anti-Semitic terms. The law provided that once a newspaper was enjoined, further publication was punishable as Contempt of court.
44. 183. Over the years the Supreme Court has disagreed on the limits that can be placed on the 1st Amendment guarantees of freedom of speech and press. In 1971, the Court faced these issues again in a case brought by the New York Times. The newspaper had obtained a copy of documents known as “The Pentagon Papers”—an internal Defense Department report that detailed government deception with regard to the Vietnam War. The Pentagon Papers surfaced at a time when the American people were deeply divided on the question of United States involvement in the war. The New York Times fought for the right to publish the papers under the umbrella of the 1st Amendment. The Pentagon Papers, officially known as “History of U.S. Decision-Making Process on Viet Nam Policy,” were illegally copied and then leaked to the press. The New York Times and the Washington Post had obtained the documents. Acting at the Government's request, the United States district court in New York issued a temporary injunction—a court order—that directed the New York Times not to publish the documents. The Government claimed that the publication of the papers would endanger the security of the United States. The New York Times appealed the order to the United States Supreme Court, arguing that prior restraint—preventing publication—violated the 1st Amendment. By a 6-3 decision, the Court ruled in favor of the New York Times.
45. 184. In the 1972 case of Branzburg v. Hayes, the Supreme Court held that the First Amendment does not protect journalists who refuse to reveal their confidential sources or news gathering product in response to a federal grand jury subpoena. That decision has remained vital for 35 years and has reverberated through a number of recent high-profile cases. Despite some form of protection in nearly every state court, reporters haled before a federal judge may have no recourse save prison. Devastating as Branzburg has been for the so-called journalist's privilege, its negative impact has been far broader. Branzburg is one of Supreme Court's earliest news gathering decisions and arguably the most influential. 
46. 185. What led the constitutional framers to protect people from unreasonable searches and seizures by the government? 186. Reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion 187. a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is performed. I.E. Search Warrant 188. New Jersey v. T. L. O., (1985), is a decision by the Supreme Court of the United States addressing the constitutionality of a search of a public high school student for contraband after she was caught smoking. A subsequent search of her purse revealed drug paraphernalia, marijuana, and documentation of drug sales. She was charged as a juvenile for the drugs and paraphernalia found in the search. She fought the search, claiming it violated her Fourth Amendment right against unreasonable searches. The U.S. Supreme Court, in a 6-3 ruling, held that the search was reasonable under the Fourth Amendment. Why do most students disagree with the court’s decision?
47. 189. California police officers saw Charles Acevedo enter an apartment known to contain several packages of marijuana and leave a short time later carrying a paper bag approximately the same size as one of the packages. When Acevedo put the bag in the trunk of his car and began to drive away, the officers stopped the car, searched the bag, and found marijuana. At his trial, Acevedo made a motion to suppress the marijuana as evidence, since the police had not had a search warrant. When the trial court denied his motion, Acevedo pleaded guilty and appealed the denial of the motion. The California Court of Appeal reversed the trial court, ruling that the marijuana should have been suppressed as evidence. The Supreme Court had ruled previously that officers can thoroughly search an automobile if they have probable cause to believe there is evidence somewhere in the vehicle (U.S. v. Ross), and also that officers need a warrant to search a closed container (U.S. v. Chadwick). The California Court of Appeal decided that the latter case was more relevant. Since the officers only had probable cause to believe the bag contained evidence - not the car generally - they could not open the bag without a search warrant. The California Supreme Court denied review, but the Supreme Court granted the State's petition.
48. 190. Evidence obtained in an illegal search and seizure cannot be used in trial. 191. Civil libertarianism is a strain of political thought that supports civil liberties, or which emphasizes the supremacy of individual rights and personal freedoms over and against any kind of authority DollreeMapp was convicted of possessing obscene materials after an admittedly illegal police search of her home for a fugitive. She appealed her conviction on the basis of freedom of expression Why did civil libertarians praise the court?
49. 192. The exclusionary rule requires that evidence illegally seized must be excluded from criminal trials. Leon was the target of police surveillance based on an anonymous informant's tip. The police applied to a judge for a search warrant of Leon's home based on the evidence from their surveillance. A judge issued the warrant and the police recovered large quantities of illegal drugs. Leon was indicted for violating federal drug laws. A judge concluded that the affadavit for the search warrant was insufficient; it did not establish the probable cause necessary to issue the warrant. Thus, the evidence obtained under the warrant could not be introduced at Leon's trial. How does it alter the Mapp ruling?
50. 193. The framers of The Bill of Rights were mostly British who escaped religious persecution in Great Britain and came to America. Therefore, they felt the need to have legal protections in the court system to avoid being victimized by an oppressive authority. The 6th Amendment guarantee the right to jury, speedy trial, counsel, among other things.  194. Rights of persons: double jeopardy, self-incrimination, due process, just compensation for property used for public use. 195. How does the Miranda v. Arizona shape modern interpretation of the 5th amendment? 196. Do they have to read someone their Miranda rights? 197. Do @ home
51. 198. the Sixth Amendment to the U.S. Constitution guarantees a criminal defendant a speedy trial by an "impartial jury." This means that a criminal defendant must be brought to trial for his or her alleged crimes within a reasonably short time after arrest. Barker v Wingo - In July of 1958, an elderly couple was beaten to death by intruders. One of the Suspects, Willie Barker. They were indicted on September 15th of that same year, counsel was appointed and the Commonwealth decided to try Manning first to obtain a conviction before trying Barker. Manning was tried six times, the first four of which were fraught with mistakes and resulted in new trials. In February of 1963, after Manning was found guilty of the both murders, the Commonwealth moved to have Barker’s trial scheduled. It was then continued twice more. At the commencement of the trial, Barker moved to have the case dismissed for lack of prosecution o the grounds that his right to a speedy trial had been violated. The Motion was denied and he was convicted and given a life sentence. Barker appealed and ultimately came to the Supreme Court.  In its opinion, the Court used a four-factor balancing test to determine if the right to a speedy trial had been denied:The Length of the Delay: the court concedes that five years a great time for delay The governmental reasons for delay: to determine to delay in order to get a better witness against the defense is not a good reason; however, to do so because of witness availability is The defendant’s responsibility to assert his rights prejudice to the defendant In the case at hand, the court found that there had been little prejudice to the defendant, because he had failed to assert his right or object to the delays until they had already occurred. Also, the court felt that Barker was gambling on the outcome of Manning’s trial, which is why he waited for the delays. Thus, the court held that Barker was not prejudiced by the delay.
52. 199. Clarence Earl Gideon was charged in Florida state court with a felony: having broken into and entered a poolroom with the intent to commit a misdemeanor offense. When he appeared in court without a lawyer, Gideon requested that the court appoint one for him. According to Florida state law, however, an attorney may only be appointed to an indigent defendant in capital cases, so the trial court did not appoint one. Gideon represented himself in trial. He was found guilty and sentenced to five years in prison. Gideon filed a habeas corpus petition in the Florida Supreme Court and argued that the trial court’s decision violated his constitutional right to be represented by counsel. The Florida Supreme Court denied habeas corpus relief. Voted 9 votes for Gideon 0 against. What is the importance of the case?
53. 200. The Legally authorized killing of someone as punishment for a crime. 201. How does federalism play a role in the use of capital punishment? 202. Capital punishment serves as a useful deterrent to future capital crimes and an appropriate means of social retribution against its most serious offenders. - Georgia legislature 203. Slavery prohibited 204. Legislation enacted by former slave states to restrict the freedom of blacks 205. ex-slaves made citizens, due-process clause,
54. 206. Do @ home 207. How was the doctrine of separate but equal doctrine relate to Plessy v. Ferguson? 208. voted 9-0 . Despite the equalization of the schools by "objective" factors, intangible issues foster and maintain inequality. Racial segregation in public education has a detrimental effect on minority children because it is interpreted as a sign of inferiority. The long-held doctrine that separate facilities were permissible provided they were equal was rejected. Separate but equal is inherently unequal in the context of public education. The unanimous opinion sounded the death-knell for all forms of state-maintained racial separation.
55. 209. Right to vote shall not be denied to any citizen on account of race, color, or previous condition of servitude. Voting Rights Act of 1965 -The Voting Rights Act of 1965 is a landmark piece of federal legislation in the United States that prohibits discrimination in voting. It was signed into law by President Lyndon B. Johnson during the height of the American Civil Rights Movement on August 6, 1965, and Congress later amended the Act five times to expand its protections. Designed to enforce the voting rights guaranteed by the Fourteenth and Fifteenth Amendments to the United States Constitution, the Act allowed for a mass enfranchisement of racial minorities throughout the country, especially in the South. According to the Department of Justice, the Act is considered to be the most effective piece of civil rights legislation ever enacted in the country. The Act establishes extensive federal oversight over elections. Echoing the language of the Fifteenth Amendment, Section 2 of the Act generally prohibits any state or local government from imposing any voting law that results in discrimination against racial or language minorities. Additionally, the Act specifically outlaws literacy tests and similar devices that were historically used to disfranchise racial minorities.
56. 210. What methods were used by Civil Rights activists to bring attentino to their cause? 211. Do @ home 212.  Truman issued two Executive Orders banning segregation in the armed forces and guaranteeing fair employment practices in the civil service. The military took two years to push through the law and very few African Americans became officers. But the number of front line troops who were African American did increase in the Korean War when compared to the Second World War. In the civil service, the Federal Employment Board was created in 1948 to give minorities equal treatment in federal employment agencies. However, it was short of money from the first and many in federal agencies were far too conservative to give it their support. However, the Executive Order had set a precedent about the desire to have equality. 213. Cartoon shows President-Elect Eisenhower smashing the chains (labeled "One-Party System") fettering the arms of "The South." The caption refers to the nickname earned by President Lincoln after he issued the Emancipation Proclamation during the Civil War. The cartoon compares the freeing of the slaves to the fact that in the 1952 presidential election, for the first time in many years, four Southern States (Florida, Tennessee, Texas, and Virginia) had voted for the Republican candidate.
57. 214. Shortly after Warren’s appointment, in December 1953, the Court heard the re-argument of Brown. In the justices’ opening conference Warren proclaimed, “separate but equal doctrine rests on basic premise that the Negro race is  inferior How did the South respond to the Brown decision? 215. Government imposed segregation i.e. separate schools for blacks and whites 216. In 1964 Congress passed Public Law 88-352 (78 Stat. 241). The provisions of this civil rights act forbade discrimination on the basis of sex as well as race in hiring, promoting, and firing.
58. 217. 24th Amendment - Poll tax outlawed. how does it relate to the Voting Rights Act of 1965 (Q. 209)? 218. The Civil Rights Act signed into law in April 1968–popularly known as the Fair Housing Act–prohibited discrimination concerning the sale, rental and financing of housing based on race, religion, national origin and sex. 219. Affirmative action policies and programs are designed to ensure that qualified individuals have equal access to opportunity and are given a fair chance to contribute their talents and abilities.
59. 220. There are just as many arguments against affirmative action as in favor of it. Some examples include: Reverse discrimination shouldn't be used to fix past discrimination People should be chosen based on merit and not by race or gender Minorities and women from lower classes aren't helped by affirmative action, only those individuals from privileged backgrounds Diversity of opinion isn't created by diversity of race or gender Devalues the hard work of many minorities and women Increases racial tension
60. 221. Do @ home 222. Do @ home 223. The movement of high-level employees from public sector jobs to private sector jobs and vice versa. The idea is that there is a revolving door between the two sectors as many legislators and regulators become consultants for the industries they once regulated and some private industry heads receive government appointments that relate to their former private posts.
61. 224. A payment given to a professional person for services for which fees are not legally or traditionally required. 225. What is the War Powers Resolution? 226. The basic element of the germaneness rule is the requirement that an amendment address the same subject as the underlying bill.
62. 227. Gerrymandering Cracking Spreading like-minded voters apart across multiple districts to dilute their voting power in each. This denies the group representation in multiple districts. Packing Concentrating like-minded voters together in one district to reduce their voting power in other districts. This gives the group representation in a single district while denying them representation across districts.
63. 228. Pay as you go rule?