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"friend of the court" brief filed by an interest group to influence a Supreme Court decision. |
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authority of a court to hear an appeal from a lower court.
Also: Rule of Four-- four Supreme Court Justices must approve of a lower court trial in order for the trial to be heard |
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occurs when a presidential nominee chooses a vice presidential running mate who has different qualities in order to attract more votes for the ticket. |
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election to choose candidates that is open to independents and that allows voters to choose candidates from all the parties. |
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money granted by the federal government to the states for a broad purpose (e.g., transportation) rather than for a narrow purpose (e.g., school lunch program). |
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money granted by the federal government to the states for a narrow purpose (e.g., school lunch program) rather than for a broad purpose (e.g., transportation). |
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system in which each branch of government can limit the power of the other two branches, e.g., presidential veto of a congressional law. |
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Clear and present danger doctrine |
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judicial interpretation of the First Amendment that government may not ban speech unless such speech poses an imminent threat to society |
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party election to choose candidates that is closed to independents. Voter may not cross party lines. |
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Senate motion to end a filibuster that requires a 3/5 vote. |
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gives Congress the power to regulate commerce among the states, with foreign nations, and among Indian tribes. Granted through Article 1, section 8 of the Constitution. |
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Works out the kinks between the House and Senate versions of a bill |
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system in which both federal government and state governments cooperate in solving problems. |
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election of an official directly by the people rather than by an intermediary group such as the Electoral College. |
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election in which the people choose candidates for office |
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One party controls the presidency, the other party controls Congress |
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states that Congress can exercise those powers that are necessary and proper for carrying out the enumerated powers, e.g., establishment of the first Bank of the United States. |
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Upper class elites have great influence over public policy (theory) |
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federal benefit payments to which recipients have a legal right, e.g., Social Security. Also known asuncontrollables. |
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First Amendment: Congress can't establish an official religion. Separation of church and state |
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Supreme Court guideline that excludes the use of illegally obtained evidence in a criminal trial (Mapp v. Ohio) |
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an agreement between the President and another head of state that, unlike a treaty, does not require Senate consent. |
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presidential rule or regulation that has the force of law. |
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Madison's name for interest groups |
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Sharing of power between central and state governments |
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group of 85 essays written by Madison, Hamilton, and Jay for the purpose of persuading the people of NY to adopt the Constitution. |
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nonstop Senate debate that prevents a bill from coming to a vote |
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Allows members of Congress to send mail postage for free |
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difference in voting patterns for men and women, particularly in the greater tendency of the latter to vote for Democratic presidential candidates. |
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election in which the officeholders are chosen. Contrast with a primary election, in which only the candidates are chosen. |
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redrawing district lines to favor one party at the expense of the other. |
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the tendency of the media to report on an election campaign as if it were a horse race, i.e., who is ahead, who is behind, who is gaining ground. |
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House action that formally charges an official with wrongdoing. Conviction requires 2/3 vote from the Senate. |
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refusal of a President to spend money that has been appropriated by Congress |
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applying the Bill of Rights to the states. A total incorporation view is that the states must obey all provisions of the Bill of Rights because of the due process clause of the 14th Amendment. A selective incorporation view is that the Bill of Rights is to be applied to the states in a more gradual manner on a case by case basis.
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an informal association of federal agency, congressional committee, and interest group that is said to have heavy influence over policy making |
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philosophy that the courts should take an active role in solving problems. |
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philosophy that the courts should defer to elected lawmakers in setting policy, and should instead focus on interpreting law rather than making law |
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power of the courts to review the constitutionality of laws or government actions |
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process in which Congress overturned rules and regulations proposed by executive branch agencies. Struck down in 1983 |
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power of most governors (and President Clinton for only a few years) to delete or reduce funding in a bill on a line by line basis. |
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attempting to influence policy makers |
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requirements imposed by the national government upon the states. Some are unfunded mandates, i.e., they are imposed by the national government, but lack funding |
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warnings that must be read to suspects prior to questioning if responses are to be used in a criminal trial. Suspects must be advised that they have the rights of silence and counsel (Miranda rights) |
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election to choose candidates that is open to independents, and in which voters may choose candidates from any one party. |
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Authority of a court to first hear a case |
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theory that policy making is the result of interest
group competition
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such as those for Congress are won by the person with the most votes, regardless if he/she has a majority. |
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more votes than anyone else, but less than half, e.g., Clinton won a plurality (43%) of popular votes in 1992, but not a majority |
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Political Action Committee (PAC) |
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an interest group that raises funds and donates to election campaigns |
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When a court stops expression before it is made, e.g., prohibiting a demonstration by a radical group because the assembly is likely to become violent. Presumed to be unconstitutional |
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Realigning (critical) election |
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an election in which there is a long term change in party alignment, e.g., 1932. |
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redrawing of congressional district boundaries by the party in power of the state legislature |
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Powers held by the states through the 10th amendment. Those powers not granted to the US government and not denied to the states |
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the traffic cop of the House that sets the legislative calendar and issues rules for debate on a bill |
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1786 revolt by Massachusetts farmers seeking relief from debt and foreclosure that was a factor in the calling of the Constitutional Convention |
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Single member district system |
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system in which the people elect one representative per district. With a winner-take-all rule, this system strengthens the two major parties and weakens minor parties |
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the permanent congressional committees that handle legislation |
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House committee that handles tax bills. |
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Marbury v. Madison (1803) |
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Established judicial review; midnight judges; John Marshall; power of the Supreme Court. |
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McCulloch v. Maryland (1819) |
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Established national supremacy; established implied powers; use of elastic clause; state unable to tax federal institution; John Marshall; the power to tax involves the power to destroy. |
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Plessy v. Ferguson (1896) |
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Established separate by equal. Gave Supreme Court approval to Jim Crow laws. |
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Established the Exclusionary Rule at the federal level; illegally obtained evidence cannot be used in court.
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Oliver Wendell Holmes; clear and present danger test; shouting fire in a crowded theatre; limits on speech, esp. in wartime |
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Gitlow v. New York (1925) |
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Established precedent of federalizing Bill of Rights (applying them to the states); states cannot deny freedom of speech protected through due process clause of Amendment 14. |
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Held that the 1st Amendment protects newspapers from prior restraint |
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Brown v. Board, 1st (1954) |
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School segregation unconstitutional; segregation psychologically damaging to blacks; overturned separate but equal; use of 14th Amendment; judicial activism ofWarren Court; unanimous decision. |
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Prohibited state-sponsored recitation of prayer in public schools by virtue of the 1st Amendment's establishment clause and the 14th Amendment's due process clause; Warren Courts judicial activism. |
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Gideon v. Wainwright (1963) |
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Ordered states to provide lawyers for those unable to afford them in criminal proceedings. Warren Courts' judicial activism in criminal rights. |
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Griswald v. Connecticut(1965) |
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Established right of privacy through 4th & 9thAmendments. Set a precedent for Roe v. Wade. |
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Miranda v. Arizona (1965) |
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Established Miranda warnings of counsel and silence. Must be given before questioning. Warren Courts judicial activism in criminal rights. |
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Established national abortion guidelines; trimester guidelines; no state interference in 1st; state may regulate to protect health of mother in 2nd; state may regulate to protect health of unborn child in 3rd. Inferred from right of privacy established in Griswald v. Connecticut. |
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1st Amendment protects campaign spending; legislatures can limit contributions, but not how much one spends of his own money on campaigns. The decision opened the door for PACs to spend unlimited amounts of money for campaigning activities so long as they're not directly coordinated with a particular campaign. |
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U.C. Regents v. Bakke (1978) |
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Bakke & UC Davis Med School; declared strict quotas unconstitutional but states may allow race to be taken into account as ONE factor in admissions decisions. Bakkewas admitted; affirmative action. |
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Struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the 1st Amendment. |
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Using right of privacy, struck down Texas law banning sodomy. |
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