Political Science: Chapters 13-16

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Approaching Democracy

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What are civil liberties? Freedoms guaranteed to citizens by the Bill of Rights and the Fourteenth Amendment's due process clause.
What is the Fourteenth Amendment? The Fourteenth Amendment guarantees everyone born or naturalized in the US a citizen and grants them certain rights. The most notable of these is that "nor shall any State deprive any person of... due process of law..."
Explain Clear and Present Danger Anything said that are of such a nature as to create clear and present danger. Declared in Schenk v. US
First case to apply incorporation? Gitlow v. New York. 1st Amendment
How has the Court forced church and state away from each other Free exercise clause (a religion can't be restricted) Establishment clause (a religion can't be official in the states)
What is the Lemon test? Money can be given to relgious schools if: The money is used for secular purposes The money will not advance or infringe religion (for example, math) It will not tie church and state together
How has free speech been upheld? Dennis v. US: jailed for promoting Communism Brandenburg v. Ohio: convictions upheld only for speech inciting lawless action Cohen v. California: Particular expressions are not protected by 1st because they can incite violence and unlawful acts (Fighting words)
What is prior restraint? Censorship of material before publication because it is controversial (New York Times v. US; Pentagon Papers)
How are libel and slander different? What are the effects of Sullivan v. New York Times? Libel: Published, albeit untruthful, material to damage a reputation Slander: Spoken, albeit untruthful, words to damage a reputation. Sullivan case made it so that public officials can only sue over untruthful materials.
What is the exclusionary rule? States that evidence gathered unlawfully is inemissable (sp?) in court.
What did Mapp v. Ohio do? Revolutionized due process by way of exclusionary rule.
What is a warrantless search? What is probable cause? A warrantless search is a search conducted without a warrant and is usually done "on-the-fly." Can be justified by way of why was the officer there in the first place. Probable cause: enough evidence to show that a particular place should be searched.
Why are public school searches constitutional? There is a less expectation of privacy in schools.
Explain Miranda v. Arizona Because the defendant in this case was not given the chance to know that what he'd say would be used to convict him nor that he'd be able to obtain counsel, the Miranda Rights were established and his conviction overturned.
SHORT ANSWER: How did the case of Barron v. Baltimore affect states, in terms of civil liberties? It infringed on the future progression of incorporation, which would be more important years later.
SHORT ANSWER: What is the theory of selective incorporation and how was it used to protect civil liberties? It is the use of parts of the Bill of Rights to argue for or against something. This is used to uphold a civil liberty or tear one down.
Compare: De jure vs. De facto De jure: of the law. In a law or amendment, it is said that these two things will be equal (Plessy) De facto: of result. A law is not always followed here (Plessy)
What is the significance of Dred Scott? Declared that slaves are not citizens.
What is the significance of Plessy v. Ferguson? Declared seperate but equal de jure.
SHORT ANSWER: Identify and explain [at least] three ways in which the disenfranchisement of African-Americans occured. Literacy test - ability to read Understanding test - ability to understand the law Property law - must own property Poll tax - because most Blacks were poor, they couldn't pay this Grandfather clause - if an ancestor voted, you can vote, too.
What is the signifiance of Brown v. Board? Overturned Plessy v. Ferguson
Why were most businesses subject to the Civil Rights Act of 1964? Because they engaged in interstate commerce.
Explain Axender v. Holmes Forces schools to remove dual school systems immediatly.
SHORT ANSWER: What is affirmative action? What did the 1995 decision have to do with it? Affirmative action is a "boost" given to minorities relative to whites to give the minority a better chance of succeeding in the job or studentship. However, race can't lawfully be the main factor for these things. Adarand Constructors v. Pena limited affirmative action by way of judicial scrutiny.
What is coverture? English common law stated that women lost their unique identity upon marriage.
What did the Americans with Disabilities Act do? Made the government and businesses give exceptions for the disabled
What is public policy? What is social welfare policy? What is regulatory policy? Public: decisions, actions, commitments of gov't Social welfare: Policy using positive incentives to create social and economic fairness. Regulatory policy: Policy using police powers to supervice the conduct of people, businesses, and other parts of government.
Specific kinds of Reg. policy include...? Prices Franchising/licenses Performance/safety Resource management Provision of subsidies Regulating of industries for competition (illegalization of monopolies)
Explain the Social Security Act Most important part of the New Deal. Created systems for the retired, unemployed, struggling to live but still employed, and disabled/blind.
What is the War on Poverty? LBJ launched this with the Economic Oppurtunity Act and Medicare Act
Name and describe the four different kinds of Economic policies Fiscal policy - federal budget Monetary policy - policy to address GDP/inflation Regulatory policy - workplace policy of health/safety/pollution International economic policy - trade, import/export, negotiations...
What is the budget process? President proposes budget OMB prepares budget Congress appropriates money to budget
What's a progressive income tax? Income tax that changes with the income amount (more earned, more paid)
What is discretionary spending? The spending COngress actually control - 33% of all spending
What is mandatory spending? Spending that must be done, instead of appropriated.
What is NAFTA North American Free Trade Act abolished trade barriers between US, Canada, and Mexico.
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