10th amendment :Powers not explicitly reserved for the government are Busing the practice of assigning and
ssigning and transporting students to schools in Federalists worried, among other things, that the position of president,
given to the states/ the people.
Citizenship Clause- provides a broad definition of citizenship that
overruled the decision in Dred Scott v. Sandford (1857), which held that
blacks could not be citizens of the United States.
Due Process Clause- prohibits state and local governments from
depriving persons of life, liberty, or property without certain steps being
taken; recognizes substantive rights and procedural rights. Equal
Protection Clause requires each state to provide equal protection under
the law to all people within its jurisdiction. This clause later became the
basis for Brown v. Board of Education
checks and balances- Each branch of government able to participate
and influence the activities of other branch. President veto senate bill,
courts declare law unconstitutional, senate has say over presidents
appointments to Court.
19th century Civil Rights legislation Biggest example is 1875 Civil
Rights Act which guaranteed that everyone, regardless of race, color, or
previous condition of servitude, was entitled to the same treatment
A machine that would go by itself…The idea that the constitution is
some holy document that will make everything run smoothly if we abide
by it, but in reality we have to constantly change our approaches
A republic is a form of government in which the people or some portion
thereof retain supreme control
Absolutely protected speech – speech protected by 1st amendment.
Actual representation v. Virtual representation? Virtual- In early
stages of American Revolution, colonists in the Colonies rejected
legislation imposed upon them by the British Parliament because the
colonies were not represented in Parliament. Regular- Voting and directly
choosing the representative.
Affirmative action- policies that take factors including "race, color,
religion, sex or national origin into consideration in order to benefit an
underrepresented group at the expense of a majority group, usually as a
means to counter the effects of a history of discrimination
Alabama Syndrome- George Wallace is a racist and the Alabama
Syndrome dealt with people questioning whether or not to vote for state
governmental control of grants-in-aid since most lower income individuals
were minorities and George Wallace would be controlling these state
grants.
Amending the Constitution : 3 ways to amend the constitution: 1.
Pass in House and Senate by 2/3 votes; ratification by majority vote of the
legislatures of 3/4 of the states 2. Pass in House and Senate by 2/3 votes;
ratification by conventions called for the purpose in 3/4 of the estates. 3.
Pass in national convention called by Congress in response to petitions by
2/3 of the states; ratification by majority vote of the legislatures of 3/4 of
the states
American shared values –the right to liberty, equal opportunity, and
political equality.
Americans with Disabilities Act of 1990. A wide-ranging civil rights
law that prohibits, under certain circumstances, discrimination based on
disability.
Antifederalists - term referring to people in the 18th century opposed to
the ratification of the Constitution. Dictate that the central governing
authority of a nation should be equal or inferior to, but not having more
power than, its sub-national states (state government).
Area sampling – a selection process in which the polls are made to
include people from a certain area
Articles of Confederation the first constitution of the United States and
specified how the Federal government was to operate. The Second
Continental Congress appointed a committee to draft the Articles in June
1776 and sent the draft to the states for ratification in November 1777. In
practice, the Articles were in use beginning in 1777. Under the Articles,
the states retained sovereignty over all governmental functions not
specifically relinquished to the national government. After Shay’s
rebellion people realized the federal government was too weak and begin
to draft a new constitution.
Authoritarian- a system of rule in which the government recognizes no
formal limits but may nevertheless be restrained by the power of other
social institutions.
Authoritatively and legitimately- having ascendancy or influence -- in
a lawfully recognized manner;
Autocracy – form of government in which one person has all the power
and control of the government
Bakke Case(Regents of the University of California v. Bakke)-
Bakke, a white male, claimed to be rejected from University of California
due to discrimination, as he tested better than some minorities who were
accepted; he won the case due to First Amendment right to Academic
Freedom
Barron v. Baltimore- Barron sued Baltimore on the grounds that the city
had violated his 5 amendment rights by taking his property without just
compensation. This established the concept of dual citizenship; the
Supreme Court ruled that 5 amendment And Bill of Rights only protected
citizens from the national government.
Beard's thesis It argues that the structure of the Constitution of the
United States was motivated primarily by the personal financial interests
of the Founding Fathers. More specifically, Beard contends that the
Constitutional Convention was attended by, and the Constitution was
therefore written by, a "cohesive" elite seeking to protect its personal
property (especially bonds) and economic standing.
Bellwether districts – districts that historically predict who wins the
election. Whichever candidate wins these districts will probably win the
overall election
Betty Friedan's The Feminine Mystique ignited the contemporary
women's movement in 1963 and as a result permanently transformed the
social fabric of the United States and countries around the world
Biased sample a non-random sample[1] of a population (or non-human
factors) in which all participants are not equally balanced or objectively
represented.[2] If the bias makes estimation of population parameters
impossible, the sample is a non-probability sample. If this is not
accounted for, results can be erroneously attributed to the phenomenon
under study rather than to the method of sampling
Bicameralism : Having a legislative assembly composed of 2 chambers
of houses
Big Government- a term generally used by political conservatives,
laissez-faire advocates, or libertarians to describe a government which is
excessively large, corrupt and inefficient, or inappropriately involved in
certain areas of public policy or the private sector. In this latter sense, the
term may also be used by politicalliberals in relation to government
policies which attempt to regulate matters considered to be private or
personal, such as private sexual behavior.
Bill of rights- the first ten amendments to the Constitution, which
guarantee certain rights and liberties to the people
Bills of attainder - an act of a legislature declaring a person or group of
persons guilty of some crime and punishing them without benefit of a
judicial trial. Banned in Article I, Section 9
Block grants : federal grants-in-aid that allow states considerable
discretion in how the funds are spent.
Bourgeois and limited government a common form of
representative democracy. According to the principles of liberal
democracy, the elections should be free and fair, and the political process
should be competitive
Bowers v. Hardwick upheld the constitutionality of a Georgia sodomy
law criminalizing oral and anal sex in private between consenting adults
when applied to homosexuals.
Brandenburg vs Ohio - It held that government cannot punish
inflammatory speech unless it is directed to inciting and likely to incite
imminent lawless action. 1st amendment
Brown v. Board of Education- declared state laws establishing
separate public schools for black and white students unconstitutional. The
decision overturned the Plessy v. Ferguson decision of 1896
Burkean conservative – limited government with individual rights
such a manner as to redress prior racial segregation of schools, or to
overcome the effects of residential segregation on local school
demographics.
California's Proposition 187? A 1994 ballot initiative designed to
create a state-run citizenship screening system in order to prohibit illegal
immigrants from using health care, public education, and other services
Carrot and Stick- States strict limitations on welfare programs, Decline
in welfare is goal
Categorical grants Congressional grants given to states and localities
on the condition that expenditures be limited to a problem or group
specified by law
Categorical grants- congressional grants given to states and localities
on the condition that expenditures ne limited to a problem set forth by
law and legislation
Checks and balances- Each branch of government able to participate
and influence the activities of other branch. President veto senate bill,
courts declare law unconstitutional, senate has say over presidents
appointments to Court.
Child from the lower 25% of the income pyramid has a ________
percentage chance of going to college: Less than 5% chance,
approximately 4%
Civil Liberties- areas of personal freedom with which governments are
constrained from interfering
Civil Rights a class of rights that protect individuals' freedom from
unwarranted infringement by governments and private organizations, and
ensure one's ability to participate in the civil and political life of the state
without discrimination or repression.
Civil Rights Act of 1964- outlawed major forms of discrimination
against blacks and women, including racial segregation. It ended unequal
application of voter registration requirements and racial segregation in
schools, at the workplace and by facilities that served the general public
Civil Rights Act of 1991- a United States statute that was passed in
response to a series of United States Supreme Court decisions, which
limited the rights of employees who had sued their employers for
discrimination. It provided for the right to trial by jury on discrimination
claims and introduced the possibility of emotional distress damages, while
limiting the amount that a jury could award.
Class division in issue consensus – the issue is divided among classes,
rich want one thing, poor want another. Can also be by ethic group or
whatever Ex: Bush tax cuts
Clear and present a standard test in cases before the Court where a
United States law limits a citizen's First Amendment rights; the law is
deemed to be constitutional if it can be shown that the language it
prohibits poses a "clear and present danger".
Clinton presidency was noteworthy, with reference to public opinion
management spiral of silence
Colleges Exist: For American society in general, colleges exist to provide
an educated workforce and promote economic growth and to educate
leaders for the community
Color Blindness the disregard of racial characteristics when selecting
which individuals will participate in some activity or receive some service.
Comity clause : Article IV, Section 2. also known as the privileges and
immunities clause. A state cannot discriminate against someone from
another stare or give its own residents special privileges.
Commercial speech - speech done on behalf of a company or individual
for the intent of making a profit. It is economic in nature and usually has
the intent of convincing the audience to partake in a particular action.
First created in Valentine v. Chrestensen. The government can infringe
upon commercial speech.
Community standards- local norms bounding acceptable conduct.
Concurrent - powers held by both state and federal governments. Ex:
taxes
Confederal (confederation) a system of government in which states
retain sovereign authority except for the powers expressly delegated to
the national government.
Confederation- A Confederate System is a system of government that
nations or states agree to join together under a central government, to
which the nations or states grant certain powers
Connecticut Compromise also known as the Great Compromise. It was
the compromise between the New Jersey Plan and the Virginia Plan. It
gave each state equal representation in the senate, and made population
the basis for representation in the House of Representatives
Constitution a set of laws that a set of people have made and agreed
upon for government—often as a written document—that enumerates and
limits the powers and functions of a political entity
Constitutional- system of rule in which formal and effective limits are
placed on powers of government.
Cooperative federalism- a type of federalism existing since the New
Deal era in which grants in aid have been used strategically to encourage
states and localities without commanding them to pursue nationally
defined goals; intergovernmental cooperation”
Country Clubs and Freedom of Association- the individual right to
come together with other individuals and collectively express, promote,
pursue and defend common interests
Court strategy- the supreme court implements many strategies in order
to keep its legitimacy and stay away from extremely hot button and
political issues such as gay marriage. These include letting state
governments decide for themselves and letting other branches of
government make decisions.
Cross-cutting versus re-enforcing – re-enforcing is social cleavages
that overlap each other such being poor and a minority, cross-cutting is
social cleavages that cut across one another. Cross-cutting allows for
more compromises to made in government
Cruel and unusual punishments – 8th amendment, the government
cannot do it.
Culture wars - debate over what cultural rules should be made into laws
Currency inflation : When the US was founded each state had its own
currency and the national economy was nonexistent. Inflation was a huge
problem is poorer states so as part of Hamilton’s plan a national currency
was created to reduce inflation.
Current consensus – what the public currently believes
De jure segregation- "concerning law" The terms de jure and de facto
are used instead of "in principle" and "in practice", respectively, when one
is describing political or legal situations
Declaration of Independence A statement adopted by the Continental
Congress on July 4, 1776, which announced that the thirteen American
colonies, written primarily by Thomas Jefferson. The Declaration justified
the independence of the United States by listing colonial grievances
against King George III, and by asserting certain natural rights, including a
right of revolution. Having served its original purpose in announcing
independence, the text of the Declaration was initially ignored after the
American Revolution. Its stature grew over the years, particularly the
second sentence, a sweeping statement of individual human rights.
Delegated powers : constitutional powers that are assigned to one
governmental agency but are exercised by another agency with the
express permission of the first.
Democracy- a system of rule that permits citizens to play a significant
part in the governmental process, usually through the election of key
public officials.
Democratic principles – majority and minority. The belief that the
majority is in control with the projection of minority rights.
Denied - powers denied to both the federal and state governments
Desegregation is the process of ending the separation of two groups
usually referring to races.
Desire to strengthen the central government. Anti-Federalism also
refers to a movement that opposed the creation of a stronger U.S. federal
government and which later opposed the ratification of the Constitution of
1787. The previous constitution, called the Articles of Confederation, gave
state governments more authority. Led by Patrick Henry of Virginia, Anti-
then a novelty, might evolve into a monarchy.
Devolution- a policy to remove a program from one level of government
by delegating it or passing it down to a lower level of government, such
as from national to state and local
Dialectic of agitation : allowed justice for all people. It was the push for
women's rights and gave woman their rights in the constitution.
Differences in educational These differences in educational attainment
are strongly associated with differences to political outlook. In particular,
those who attend college are often exposed to philosophies and modes of
thought that will forever distinguish them fro their friends and neighbors
who do not pursue college diplomas. Often, individuals with college
degrees tend to grasp more liberal beliefs. So much so that conservatives
have accused college professors of “brainwashing” students with liberal
ideas.
Direct action politics is activity undertaken by individuals, groups, or
governments to achieve political, economic, or social goals outside of
normal social/political channels. Direct action can include nonviolent and
violent activities which target persons, groups, or property deemed
offensive to the direct action participant. Examples of nonviolent direct
action include strikes, workplace occupations, sit-ins, sabotage, property
destruction and graffiti.
Direct democracy- a system of rule that permits citizens to vote directly
on laws and policies.
Double jeopardy – defendant cannot be tried again on the same charge
if legitimately acquitted or convicted
Dred Scott Decision- people of African descent imported into the United
States and held as slaves (or their descendants, whether or not they were
slaves) were not protected by the Constitution and could never be U.S.
citizens. The court also held that the U.S. Congress had no authority to
prohibit slavery in federal territories and that, because slaves were not
citizens, they could not sue in court. Lastly, the Court ruled that slaves, as
chattels or private property, could not be taken away from their owners
without due process
Dual federalism- system of government that prevailed in the US from
1789-1937, in which most fundamental governmental powers were
shared between federal and state governments
Due process - principle that the government must respect all of the legal
rights that are owed to a person according to the law. Due process holds
the government subservient to the law of the land protecting individual
persons from the state. When a government harms a person, without
following the exact course of the law, then that is a due process violation
which offends the rule of law. 5th amendment
Duke Power a case in which the Supreme Court of the United States
overturned the Fourth Circuit's ruling that the Price Anderson Act violated
equal protection by treating victims of nuclear accidents differently than
the victims of other industrial accidents.
Earliest Movements for Women's Rights- National American Woman
Suffrage Association- enormous group pushing for women's suffrage
National Women's Party- militant and violent group who were arrested
because of pres.Wilson's opposition to a constitutional amendment
granting womens suffrage
Elite/non-elite division in issue consensus – same as class division,
but it is by socioeconomic status
Eminent Domain an action of the state to seize a citizen's private
property, expropriate property, or seize a citizen's rights in property with
due monetary compensation, but without the owner's consent. The
property is taken either for government use or by delegation to third
parties who will devote it to public or civic use or, in some cases,
economic development.
Engel v. Vitale determined that it is unconstitutional for state officials to
compose an official school prayer and require its recitation in public
schools.
Equal Employment Opportunity Commission independent federal law
enforcement agency that enforces laws against workplace discrimination.
The EEOC investigates discrimination complaints based on individual's
race, color, national origin, religion, sex, sexual orientation, age, disability
and retaliation for reporting or opposing a discriminatory practice. Its
empowered to file discrimination suits against employers on behalf of
alleged victims and adjudicate claims of discrimination brought against
federal agencies.
Equal protection and immunties clause. - Provision from Art. 4 sec. 2
that state cannot discriminate against someone from another state given
its own residents and special privileges. Also fugitives returned to state
Equal Rights Amendment was a proposed amendment that called for
Equality of rights under the law shall not be denied or abridged by the
United States or by any State on account of sex. The Congress shall have
the power to enforce, by appropriate legislation, the provisions of this
article.
Establishment clause– the government cannot take any action to
establish or support one certain religion
Ex post facto laws a law that retroactively changes the legal
consequences (or status) of actions committed or relationships that
existed prior to the enactment of the law
Excessive democracy? : (mobocracy) democracy must have checks and
balances to prevent this. When the majority can do what ever it is led to
do and the needs of the minorities are left unacknowledged.
Exclusionary rule evidence collected or analyzed in violation of the
defendant's constitutional rights is sometimes inadmissible for a criminal
prosecution in a court of law.
Federal government provided 43% of all student aid last year.
[refers to 2003 ] 43%?
Federalism - sharing of power between national and state governments
Federalism paradox when citizens want the government to provide for
them and they want to receive all the benefits from the government, but
they also do not want the government to interfere with their lives
Federalist - a person in the 18th century in support of ratifying
constitution, thus support of a federal government
Federalist Papers. A series of 85 articles or essays advocating the
ratification of the United States Constitution. (Written by Alexander
Hamitlon, John Jay, and James Madison)
Feminist movement. refers to a series of campaigns for reforms on
issues such as reproductive rights, domestic violence, maternity leave,
equal pay, voting rights, sexual harassment, and sexual violence.
Fighting Words doctrine, - words meant to inspire hatred or violence.
Not protected by the 1st amendment
Fiscal conservative – be conservative with the budget, lower spending
and cut taxes. Avoid deficit spending. Teabaggers
Formula for selling your issue A way in which an idea or point of view
is sold to the public. It can be done by appealing to people’s sense of
reason or to their emotions (as auzzene harps on the teaparty for being a
group of people driven by fear and what not)
Formula grants- grants in aid in which a formula is used to determine
the amount of federal funds a state or local government will receive
Free exercise clause. – all people have the right to exercise any religion
they choose. 1st amendment
Freedom of the Press(1st Amendment)- the freedom of
communication and expression through various electronic media and
published materials
Full faith clause- provision from Art. 4 sec. 1 requiring that the states
normally honor the public acts and judicial decisions that take place in
another state
Gender Based Discrimination in the Work Place- Gender Based
Discrimination in the Work Place has decreased tremendously from
previous years (although a case is still underway against Walmart and if
successful would be largest in history). This is due to laws that prohibit
employment discrimination (the Civil Rights Act of 1964 and Equal Pay Act
of 1963). If a person hiring another breaks these rules, they can be sued.
Gender gap a distinctive pattern of voting behavior reflecting the
differences in views between women and men
Gerrymandering is the apportionment of voters in districts in such a
way as to give unfair advantage to one racial or ethnic group or political
party
Gibbons v. Ogden : The power to regulate interstate commerce is
granted to Congress by the Commerce Clause of the US Constitution.
Gideon rights – found in Gideon vs Wainwright. Right to counsel for
defendants who cannot afford their own attorneys. 6th amendment.
Grandfather clause an exception that allows an old rule to continue to
apply to some existing situations, when a new rule will apply to all future
situations.
Grants-in-aid- programs through which Congress provides money to
state and local government’s o the condition that the finds be employed
for purposes defined by the deferral government
Griswold case – Griswold v Connecticut, established the right to privacy.
Group membership - Shape public opinion by mobilizing the public to
support their cause.
Grutter v. Bollinger- upheld the affirmative action admissions policy of
the University of Michigan Law School; diversity in education is a
compelling state interest and race should be constitutionally considered
as a plus factor in admissions decisions
Habeas Corpus- a writ, or legal action, through which a prisoner can be
released from unlawful detention. It has historically been an important
legal instrument safeguarding individual freedom against arbitrary state
action. Person charged with crime must know what crime they’ve
committed.
Home Rule power delegated by the state to a local unit of government to
manage its own affairs
Humped camel curve – public opinion is polarized. Most people are on
one side or the other, not very many moderates
Ideologue – an advocate of a particular ideology
Implied powers- powers derived from the necessary and proper clause
of art. 1 sec. 8 of constitution. Such powers are not specifically expressed,
but are implied through the expansive interpretation of delegated powers
Indirect elections : selection of the president by an electoral college
rather than directly by voters is an example of it.
Influence of the news media on public opinion in the US? - Media
has a large influence on the marketplace of ideas. They set the public
agenda and provide a political forum
Inherent - powers claimed by president not in the constitution, but
implied by it
Integration includes goals such as leveling barriers to association,
creating equal opportunity regardless of race, and the development of a
culture that draws on diverse traditions, rather than merely bringing a
racial minority into the majority culture.
Intensity The strength in which people fill about a particular topic. 321.
think tanks – organization that conducts research on a specific area of
interest. Normally partisan
Interest and politics – Citizens need knowledge in order to push their
own interests through politics and these knowledgeable citizens have an
effect on politics by pursuing their interests.
Intermediate scrutiny Test used by the Supreme Court in gender
discrimination cases, which places the burden of proof partially on the
government and partially on the challengers to prove constitutionality
Interstate commerce clause... The clause states that the United States
Congress shall have power "To regulate Commerce with foreign Nations,
and among the several States, and with the Indian Tribes".
Involuntary Group memberships - group membership that is an
inactive role such as donating money to a particular group
Issues in the US; - the marketplace of ideas is the public forum where
issues in the ideas are brought up and discussed
Jim Crow were state and local laws in the United States enacted between
1876 and 1965. They mandated de jure racial segregation in all public
facilities, with a supposedly "separate but equal" status for black
Americans.
Job Discrimination- illegal unless the job requires discrimination ex.
Naked Women Salon. Title VII of the Civil Rights Act of 1964 (Title VII),
which prohibits employment discrimination based on race, color, religion,
sex, or national origin; the Equal Pay Act of 1963 (EPA), which protects
men and women who perform substantially equal work in the same
establishment from sex-based wage discrimination; the Civil Rights Act of
1991, which, among other things, provides monetary damages in cases of
intentional employment discrimination.
John Marshall and the constitution (slavery, property, national power)
He established that the federal courts are entitled to exercise judicial
review, the power to strike down laws that violate the Constitution. Thus,
Marshall cemented the position of the American judiciary as an
independent and influential branch of government. Slavery – personal
distaste for slavery, Marshall was reluctant to second-guess legislative
determinations that slavery was lawful Property- Marshall’s views were
fully congruent with this emphasis on property rights. Smith points out
that by the 1780s Marshall believed in “the unalienable right to possess,
enjoy, and augment private property” National power- Marbury v.
Madison, established Judicial review acting as a check against the
executive and legislative branch of government. McCulloch v. Maryland,
established that states can’t pass laws that violate the national
governments constitution
Judicial review - right of judiciary branch (guaranteed by Marbury v.
Madison) that allows them to declare a law or act by executive or
legislative unconstitutional.
Jury of one's peers-guaranteed to all citizens of the United States, and
to a lesser extent foreign nationals, that a jury shall be selected at
random comprised of fellow citizens of the Republic. Though not generally
enforced in the South during the 50s and 60s, modern day Civil Rights
legislation allows for all to enjoy in this particular freedom.
Key Sectors of Colonial Society ? NE merchants, S, planters, royalist
shopkeepers, small farmers
Laissez-faire capitalism an environment in which transactions between
private parties are free from state intervention, including restrictive
regulations, taxes, tariffs and enforced monopolies. The phrase laissez-
faire is French and literally means "let do", but it broadly implies "let it
be", or "leave it alone."
Lasswell's eight basic values- eight basic value categories WEALTH,
POWER, RESPECT, RECTITUDE, SKILL, ENLIGHTENMENT, AFFECTION, and
WELLBEING.
Lau v. Nichols- (1974) a civil rights case, brought by Chinese American
students in San Francisco who had limited English proficiency. The
students claimed that they were not receiving special help in school due
to their inability to speak English, which they argued they were entitled to
under Title VI of the Civil Rights Act of 1964 because of its ban on
educational discrimination on the basis of national origin and the
Supreme Court ruled in their favor.
Left wing politics generally used to describe support for social change
to create a more egalitarian society. The term is also used to describe
social democracy and social liberalism.
Lemon test The government's action must have a secular legislative
purpose; The government's action must not have the primary effect of
either advancing or inhibiting religion; The government's action must not
result in an "excessive government entanglement" with religion.
Libel is - written
Libertarian(ism)- one who favors minimal government and maximum
individual freedom.
Liberty- political philosophy that identifies the condition to which an
individual has the right to behave according to one's own personal
responsibility and free will. Liberty is a key value and many believe the
most important value because without liberty it would be impossible to
achieve most other values, but with liberty come rights and
responsibilities that often conflict with these other values.
Limited government- a principle of constitutional government; a
government whose powers are defined and limited by a constitution.
Local tyrannies of the majorities: (tyranny of the majority?) Whereby
the majority expropriates rights from the minority unjustly. Madison
sought to check this with the balance of power between the states and
the federal government.
Lopez decision of 1995 - (‘95) first example of devolution. Limits
congress, who ruled that handguns are not allowed near schools. Declares
Gun Free School Zones Act of 1990 unconstitutional.
Lower class kids face several environmental problems in getting into
college including: Income, lack of educational opportunities (poor
schools), maybe having to work to support their family, family education
(if their parents haven’t gone to college they are less likely to go to
college)
Madisonian solution - involves creating a strong republic in order to put
checks on factions, thus stopping rampant democracy / tyranny of
majority. Republic superior to democracy b/c: democracies create
factions, are mechanically difficult, strengthen factions, and people will
elect best person if a republic.
MAPP v. OHIO – evidence from unreasonable searches and seizures
cannot be used in court. “fruit of the forbidden tree” – evidence found
from a lead found illegally also cannot be used. The court decision ruled
that the evidence of porn that they found should not be accepted in court.
Marbury v Madison : Supreme Court case in which the power of judicial
review was given to the courts. They could declare actions invalid or
unconstitutional. established the principle of judicial review under Article
3 of the constitution.
Marketplace of ideas – the community of communication, includes the
media, internet messageboards, water cooler talk, etc.
McCollough v Maryland : A case involving the charter of the Second
National Bank. This fundamental case established that the Constitution
grants to Congress implied powers for implementing the Constitution's
express powers, in order to create a functional national government and
that state action may not impede valid constitutional exercises of power
by the Federal government.
Media – the representation of facts and news to citizens
Men and women differ in their political opinions - gender gap, a
distinctive pattern of voting behavior reflecting the difference in views
among genders.
Merit (term used by college admissions)- When colleges look at your
resume, they look for criteria that would best fit their college. (not
necessarily test scores or grades)
Merit-based programs like the Georgia HOPE scholarship: grants or
scholarships awarded by merit
Metaphor which the lecturer argues best describes America’s
opportunity environment is: The 300 year poker game or an uneven
playing field
Miranda rights – suspects must be informed of the right to remain silent
(self-incrimination) and counsel. Miranda v Arizona.
Multiple sum games- society becomes more complex because of how
interdependent it is when part of society goes down the rest are affected
creating multiples games and harder for sum to ever be a zero.
NAACP- National Association for the Advancement of Colored People,
usually abbreviated as NAACP, is one of the oldest and most influential
civil rights organizations in the United States. Its mission is "to ensure the
political, educational, social, and economic equality of rights of all persons
and to eliminate racial hatred and racial discrimination.
Native Americans political status before the 1920s: They had no
political status.
Necessary and proper clause.- Sec.1 art. 8 it provides congress with
the authority to make all laws “necessary and proper” to carry out its
expressed powers
Neo-conservativism – America’s democracy needs to set an
international example, Bush Doctrine.
Neo-liberalism – stresses open markets and free trade
New Deal- program to stimulate national economy and provide relief to
victims of Depression
New Federalism Attempts by Presidents Nixon and Reagan to return
power to states through block grants
New Jersey Plan framework for the Constitution in which each state
would have equal representation in legislature regardless of population.
Favored small states.
New York v. Sullivan- established the actual malice standard which has
to be met before press reports about public officials or public figures
considered defamation and libel; and hence allowed free reporting of the
civil rights campaigns in the southern United States. key decisions
supporting the freedom of the press
Nineteenth Amendment prohibits each state and the federal
government from denying any citizen the right to vote based on that
citizen's sex.
No Child Left Behind supports standards-based education reform, which
is based on the belief that setting high standards and establishing
measurable goals can improve individual outcomes in education. The Act
requires states to develop assessments in basic skills to be given to all
students in certain grades, if those states are to receive federal funding
for schools. The Act does not assert a national achievement standard;
standards are set by each individual state.
Non violent Civil Disobedience- The approach used by African
Americans to oppose oppression.
Obscene under the Miller test – obscenity can be limited by the
government under the 1st amendment. Must satisfy all 3 conditions. 1 -
Whether "the average person, applying contemporary community
standards", would find that the work, taken as a whole, appeals to the
prurient interest, 2- Whether the work depicts/describes, in a patently
offensive way, sexual conduct specifically defined by applicable state law.
3- Whether the work, taken as a whole, lacks serious literary artistic,
political, or scientific value.
Oligarchy- a form of government in which a small group landowners,
military officers, or wealthy merchants controls most of the governing
decisions.
Palko v. Connecticut- no citizen is compelled in criminal case to be
witness against himself
Pentagon Papers- was a top-secret United States Department of
Defense history of the United States' political-military involvement in
Vietnam from 1945 to 1967. The papers were first brought to the
attention of the public on the front page of the New York Times in 1971
People with a bachelor's degree will earn more? Those with a
Bachelor’s degree tend to earn 1 million dollars more throughout their
lifetime than those with only a High School degree.
Plea bargain is an agreement in a criminal case whereby the prosecutor
offers the defendant the opportunity to plead guilty, usually to a lesser
charge or to the original criminal charge with a recommendation of a
lighter than the maximum sentence.
Plessy v. Ferguson- upholding the constitutionality of state laws
requiring racial segregation in private businesses (particularly railroads),
under the doctrine of "separate but equal"
Pluralism usually defined as the presence of multiple and distinct
political parties.
Polarization – people are on one side or the other. There are very few
moderates. Represented in a bi-modal/ humpy/ camel graph
Police powers the capacity of the federal government and states to
regulate behavior and enforce order within their territory for the
betterment of the general welfare, morals, health, and safety of their
inhabitants
Political alliances of the Revolutionary Era? planters and NE
merchants and royal office were colonial elite (planters and merchants
sought to organize opposition to taxes)
Political conservative – philosophy that believes in minimal or gradual
change to society
Political culture is the traditional orientation of the citizens of a nation
toward politics, affecting their perceptions of political legitimacy Political
cultures create a framework for political change and are unique to
nations, states, and other groups. A political culture differs from political
ideology in that people can disagree on an ideology (what government
should do) but still share a common political culture.
Political ideology a cohesive set of beliefs that forms a general
philosophy about the role of government
Political Process and Government – hammer and blue print- the U.S.
Government is not purely one thing but rather a combination (a
representative democracy) and the political process like wise differs from
not only State to State but what the election is for ex: electoral college for
president and popular vote for almost every other position.
Politics, Who Get What , When, Where and How – The goal of
politics is to have a say in the composition of government’s leadership,
how the government is organized, and what its policies are going to be.
Poll - Good question - the way pollsters ask questions effects the way a
person will answer the question.
Poll tax a poll tax was also used as a de facto or implicit pre-condition of
the exercise of the ability to vote. This tax emerged in some states of the
United States in the late 19th century as part of the Jim Crow laws. These
laws achieved the desired effect of disfranchising African-American and
Native American voters as well as poor whites who immigrated after the
year specified.
Pollsters - people responsible for giving polls
Popular sovereignty is the belief that the legitimacy of the state is
created by the will or consent of its people, who are the source of all
political power. It is closely associated to the social contract philosophers,
among whom are Thomas Hobbes, John Locke and Jean-Jacques
Rousseau.
Populist - Support traditional small town values and fear too much
individual liberty as a threat to their way of life. (Teabaggers)
Preemption- principle allowing national government to override
state/local actions in some policy matters
Preferred freedom - This doctrine holds that some constitutional
freedoms, principally those guaranteed by the First Amendment, are
fundamental in a free society and consequently are entitled to more
judicial protection than other constitutional values.
Pressures and demands placed on government – Citizens rely on
government to protect them in times of war, distribute public funds,
oversee the economy, and provide services to citizens
Prior Restraint a form of censorship in which one is prevented, in
advance, from communicating certain material, rather than made
answerable afterwards. Prior restraint is particularly restrictive because it
prevents the forbidden material from being heard or distributed at all.
Privileges and immunities prevents a state from treating citizens of
other states in a discriminatory manner, with regard to basic civil rights.
“The Citizens of each State shall be entitled to all Privileges and
Immunities of Citizens in the several States.”
Procedural liberties- restraints on how the government can act. For
example, citizens are guaranteed due process of law when they are
charged with a crime
Progressive – far left ideology, we need to rehaul the system and
change it at its core
Project grants : grant program in which state and local governments
submit proposals to federal agencies and for which funding is [provided
on a competitive basis
Public opinion polls has been/can be criticized - selection bias can
occur when the sample is not an accurate representation of the whole
population. Example in 1936 Literary Digest said Alf Landon would beat
Roosevelt but Roosevelt won in a landslide because they only polled
people who had telephones which was rich people.
Pupil placement procedures/laws.... divested local boards of authority
to assign children to particular schools and placed that authority in a
State Pupil Placement Board. Under that Act, children were each year
automatically reassigned to the school previously attended unless, upon
their application, the State Board assigned them to another school
Push polls a polling technique in which the questions are designed to
shape the respondent’s opinion
Racial profiling the use of an individual’s race or ethnicity by law
enforcement personnel as a key factor in deciding whether to engage in
enforcement
Racial Quotas are numerical requirements for hiring, promoting,
admitting and/or graduating members of a particular racial group.
Racism- belief that the genetic factors which constitute race are a
primary determinant of human traits and capacities and that racial
differences produce an inherent superiority of a particular race
Red Lion Broadcasting Co. v. FCC- held that the fairness doctrine was
consistent with the First Amendment; because they were granted
government licenses on a scarce radio spectrum, they could be regulated
to preserve openness in covering news by the FCC
Redistributive programs- economic policies designed to control the
economy through taxing and spending, with the goal of benefiting the
poor
Redlining refers to? The practice of denying, or increasing the cost of
services such as banking, insurance, access to jobs, access to health care,
or even supermarkets to residents in certain, often racially determined,
areas.
Regulated federalism- a form of federalism in which Congress imposes
legistlation on states and localities, requiring them to meet national
standards
Religious conservative – apply teachings of certain religions to politics,
evangelical christians
Religious Freedom Restoration Act- aimed at preventing laws that
substantially burden a person's free exercise of their religion
Representative democracy-a system of government in which the
populace selects representatives, who play a significant role in
governmental decision making.
Republican Revolution of 1994 As a result of a 54-seat swing in
membership from Democrats to Republicans, the Republican Party gained
a majority of seats in the House for the first time since 1954.
Reserved powers : powers specifically granted to Congress and President
by Constitution
Residential Segregation- refers to the physical separation of cultural
groups based on residence and housing, or a form of segregation that
"sorts population groups into various neighborhood contexts and shapes
the living environment at the neighborhood level
Revenue sharing : process by which one unit of gov, yields a portion of
its tax income to another unit, National providing to states
Right to bear arms- the assertion that people have a personal right to
"weapon(s)" for individual use, or a collective right to bear arms in a
militia, or both. In this context, "arms" refers to a variety of weapons and
armor and to "bear arms" meant to wage war.
Safety net-socioeconomic safety nets", are non-contributory transfer
programs seeking to prevent the poor or those vulnerable to shocks and
poverty from falling below a certain poverty level. Safety net programs
can be provided by the public sector (the State and aid donors) or by the
private sector (NGOs, private firms, charities, and informal household
transfers).
Security- is the degree of protection against danger, damage, loss, and
criminal activity. Security is a key value that is held by most Americans,
where the disagreement comes in is how much and at what cost.
Selective Incorporation- is the process by which American courts have
applied portions of the U.S. Bill of Rights to the states. Prior to the 1890s,
the Bill of Rights was held only to apply to the federal government. Under
the incorporation doctrine, most provisions of the Bill of Rights now also
apply to the state and local governments, by virtue of the due process
clause of the Fourteenth Amendment of the Constitution.
Senate v. House of Representatives? : The Senate is made up of 100
elected members, or 2 elected members per state. House of
Representatives is made up of elected members according to the
population of their particular state.
Separation of powers- the division of governmental power among
several institutions that must cooperate in decision making
Sexual harassment includes- intimidation, bullying or coercion of a
sexual nature, or the unwelcome or inappropriate promise of rewards in
exchange for sexual favors. In some contexts or circumstances, sexual
harassment may be illegal. Sexual harassment includes a range of
behavior from seemingly mild transgressions and annoyances to actual
sexual abuse or sexual assault.
Shay's Rebellion : a farmers rebellion lead by Daniel Shays against the
Gov of Massachusetts to prevent foreclosures on their land due to debt.
This rebellion proved that Articles of Confederation didn’t allow Congress
to act quick enough in crisis, which supported the push for Hamilton’s
Annapolis resolution
Single most useful thing that would help lower class admissions
to college would be: More financial aid and scholarships
Slander is - spoken
Social cleavages- The social cleavage theory is a concept used in
sociology and political science to explore how society is divided into
groups. Social cleavages are acknowledged divisions in society based on
specific factors and are used to describe, among other things, voting
behavior.
Social conservative – government has a role in enforcing certain values
or behaviors of its citizens
part of being narrowly tailored, though the Court generally evaluates it as
a separate prong.
Strict scrutiny test Test used by the Supreme Court in racial
discrimination cases and other cases involving civil liberties and civil
rights, which places the burden of proof on the government rather than
on the challengers to show that the law in question is constitutional
Substantive rights - basic human rights possessed by people in an
ordered society and includes rights granted by natural law as well as the
substantive law. Substantive rights involve a right to the substance of
being human (life, liberty, happiness), rather than a right to a procedure
to enforce that right, which is defined by procedural law.
Supremacy clause asserts and establishes the Constitution, the
federal laws made in pursuance of the Constitution, and treaties made by
the United States with foreign nations. Also, federal laws outweigh state
laws as does the Constitution. All laws passed by national Gov and all
treaties are the supreme law of the land and superior to all laws adopted
by any state of subdivision
Supreme Court in the 19th century: The Court enhanced
racial/gender segregation, federalism
Supreme Court invalidated the 1875 Civil Rights Act because the
Supreme Court deemed the act unconstitutional on the basis that
Congress had no power to regulate the conduct of individuals. The
Fourteenth Amendment prohibits discrimination by the state, not by
individuals.
Symbolic speech; - actions that purposefully and discernibly convey a
particular message or statement to those viewing it. Protected under 1st
amendment
Tax policy and playing the mob card? Mob rule -demagogues feed off
mobs, -governed by men and not laws, -monarchs tell people what they
want hear but don't follow up. The Mob card used to lower taxes
Tenth amendment :Powers not explicitly reserved for the government
are given to the states/ the people.
Texas v. Johnson a landmark decision by the Supreme Court of the
United States that invalidated prohibitions on desecrating the American
flag enforced in 48 of the 50 states.
The impact of unequal access to housing for minorities was to-
segregate all minorities and by forcing minorities into a single
geographical area, these minorities in most cases would be forced to
attend inferior schools and would receive worse civil services, further
prolonging the cycle of poverty.
The inevitability of politics – politics will mostly be influenced by those
with power and wealth
The newer federal college aid programs are, according to
Professor Long- found that selective private institutions in Georgia,
particularly those with high numbers of HOPE-scholarship recipients, had
raised their tuition at unusually fast rates in response to the program. Ms.
Long also discovered that HOPE reduced public Georgia universities' rate
of increased spending on instructional services.
Three branches of government. Executive (the president)-make sure
that the law is followed. Legislative (congress/senate)-creates the laws.
Judiciary (Supreme court)- sure that the laws are constitutional
Three-Fifths Compromise Agreement that for the purpose of
apportionment of congressional seats every slave would be counted a
three-fifths of a person
Tinker v. Des Moines – protected the right to freedom of speech
Title IV of the CRA of 1964 Encouraged the desegregation of public
schools and authorized the U.S. Attorney General to file suits to enforce
said act.
Title IX of the CRA of 1964 No person in the U.S. shall, on the basis of
sex be excluded from participation in, or denied the benefits of, or be
subjected to discrimination under any educational program or activity
receiving federal aid.
Title VI of the CRA of 1964 Prevents discrimination by government
agencies that receive federal funding. If an agency is found in violation of
Title VI, that agency can lose its federal funding.
Title VII of the CRA of 1964 prohibits discrimination by covered
employers on the basis of race, color, religion, sex or national origin. Title
VII also prohibits discrimination against an individual because of his or her
association with another individual of a particular race, color, religion,
sex, or national origin.
Totalitarian-a system of rule in which the government recognizes no
formal limits on its power and seeks to absorb or eliminate other social
institutions that might challenge it.
Traditional burden of proof the obligation to shift the accepted
conclusion away from an oppositional opinion to one's own position.
Trust and Efficacy in Government – Trust in government has declined
and so has political efficacy. The less that Americans trust their
government the less they believe they can influence it.
Unfunded mandates- regulations or conditions for receiving grants that
impose costs on states and local governments for which they are not
reimbursed by the federal government
Unitary systems : centralized government system in which lower levels
of gov. have little power independent of the national gov
Unreasonable searches and seizures the 4th amendment protects
against these and the exclusionary rule prohibits any evidence obtained
during these searches from being used in the court of law
Validity of an opinion poll – depends on a few things. The phrasing of
the question is important. Sample selection is probably the most
important, random sampling is best.
Value allocation- "Politics," according to Lasswell, is concerned with
determination, by official governmental decisionmaking and action, of (1)
who in political society receives what benefits, rewards, and advantages
and how much of them they receive, (2) when they receive the benefits,
rewards, and advantages, and (3) the methods by which they receive
them.
Value priority – The importance of values and how they should be put in
place in our government
Value trade-offs- not everyone can receive everything so everything
must be weighed so that way resources might be spent best.
Values of the Preamble of the constitution Justice, domestic
tranquility, promote general welfare, and secure liberty.
Virginia Plan : framework for the Constitution which the legislature
would be represented on the population of each state. This is based
heavily in favor of large states
Voting Rights Act of 1965 was a landmark piece of legislation in the
United States that outlawed discriminatory voting practices that had been
responsible for the widespread disenfranchisement of African Americans Slaughterhouse Cases – states can’t oppress you, but citizens can
in the U.S. Texas v. Johnson – act of flag burning is protected under First
Voucher system- Internal financial control system for cash or check Amendment
payments that relies on vouchers to (1) establish the propriety of Speech that presents clear and present danger to society is exception.
transactions, (2) establish the amount being paid, and (3) name the Tinker v. DesMoines: public schools can limit free speech
ledger account(s) in which the transaction is to be recorded. US v. Morrison: Slaps down Violence against Women Act.
What Americans know about government – Most Americans do not US v. Wong Kim Ark – anyone born in US was entitled to full citizenship
have a lot of political knowledge. Most Americans know that we have a VMI case – Virginia Military Institute’s policy to not admit women ruled
president and two senators from each state. However they do not know unconstitutional; cant have publicly supported single gender schools
the names of their senators or their U.S. House of Representatives. Wards Cove v. Antonio – burden of proof discrimination should be lifted
What citizens should know – citizens should have a knowledge of from defendant to plaintiff
government “rules of the game”, knowledge of politics such as Wisconsin v. Yoder – can’t place Amish children under compulsory
understanding what is at stake in the political world, and knowledge of education past 8th grade because it violates parents’ rights to freedom of
democratic principles that unite all Americans together. religion
What government does and why it matters – Government is a formal West Virginia State Board of Education v. Barnette – don’t have to
institution that rules over a land and its people and is important because salute flag is religion doesn’t allow it (overturns Minersville v. Gobits)
it provides services or “public goods” that all citizens need but cannot
provide for themselves. Congressional powers from Article I (1)The Congress shall have
White primary primary elections in the Southern States of the United Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the
States of America in which any non-White voter was prohibited from Debts and provide for the common Defence and general Welfare of the
participating United States; but all Duties, Imposts and Excises shall be uniform
Who goes to college- White upper to middle class students are the throughout the United States; (2)To borrow money on the credit of the
largest group of that goes to college. The biggest problem with students United States; (3) To regulate Commerce with foreign Nations, and
not attending college is the public school system does not prepare most among the several States, and with the Indian Tribes; (4) To establish an
students for college. Most students who get receive financial assistance uniform Rule of Naturalization, and uniform Laws on the subject of
would still go to College through other means of financial assistance. Bankruptcies throughout the United States; (5) To coin Money, regulate
Programs such as Georgia Hope do not focus money in the root of the the Value thereof, and of foreign Coin, and fix the Standard of Weights
problem, which is having students prepared to attend college. and Measures; (6) To provide for the Punishment of counterfeiting the
Zero Sum games- In game theory and economic theory, zero-sum Securities and current Coin of the United States; (7) To establish Post
describes a situation in which a participant's gain or loss is exactly Offices and Post Roads; (8)To promote the Progress of Science and
balanced by the losses or gains of the other participant(s). If the total useful Arts, by securing for limited Times to Authors and Inventors the
gains of the participants are added up, and the total losses are exclusive Right to their respective Writings and Discoveries; (9)To
subtracted, they will sum to 0 constitute Tribunals inferior to the supreme Court; (10) To define and
4th Amendment: no unreasonable search and seizure. Leads to punish Piracies and Felonies committed on the high Seas, and Offenses against
exclusionary rule. the Law of Nations; (11) To declare War, grant Letters of Marque and Reprisal,
5th Amendment: No double jeop, right to jury, Eminent Domain and make Rules concerning Captures on Land and Water; (12) To raise and
support Armies, but no Appropriation of Money to that Use shall be for a longer
6th Amendment: Accused has right to counsel
Term than two Years; (13) To provide and maintain a Navy; (14) To make Rules
10th amendment :Powers not explicitly reserved for government are for the Government and Regulation of the land and naval Forces; (15) To provide
given to the states/ the people. for calling forth the Militia to execute the Laws of the Union, suppress
13th Amendment: Outlaws slavery Insurrections and repel Invasions; (16) To provide for organizing, arming, and
15th Amendment: Right to vote for black men. disciplining, the Militia, and for governing such Part of them as may be employed
19th Amendment: right to vote for women. in the Service of the United States, reserving to the States respectively, the
Adarand Constructors v. Pena – race-based policies must survive strict Appointment of the Officers, and the Authority of training the Militia according to
scrutiny the discipline prescribed by Congress; (17) To exercise exclusive Legislation in all
Adamson v. Cali. (’47) – incorporates B.o.R. Cases whatsoever, over such District (not exceeding ten Miles square) as may, by
Cession of particular States, and the acceptance of Congress, become the Seat of
Alden v. Maine: If you lose your overtime, you can’t sue the state.
the Government of the United States, and to exercise like Authority over all Places
Barron v. Baltimore (1833) - Barron sued Baltimore for rendering his purchased by the Consent of the Legislature of the State in which the Same shall
wharf useless on the grounds that the city had violated his 5th Amendmt be, for the Erection of Forts, Magazines, Arsenals,
rights by taking his property without just compensation. Establishing the
concept of dual citizenship, the Supreme Court ruled that the 5th
Amendment and the Bill of Rights only protected citizens from the
national government. When the 14th Amendment was added to the
Constitution in 1868, the question of the Bill of Rights’ applicability to -
states arose again.
Buckley v. Valeo (1976) – put limits on amounts of money that is
contributable to political campaigns.
Chaplinsky v. New Hampshire – established fighting words doctrine
City of Boerne v. Flores – ruled that RFRA was an unconstitutional use
of Congress's enforcement powers. Only the Court has the power to
define substantive rights guaranteed by the Fourteenth Amendment, not
Congress.
Citizens United v. Fed’l Election Commission: allows hate speech on
Hil Clinton.
Dennis v. US – contribution to conspiracy to overthrow the government
is not protected by freedom of speech, publication, and assembly of the
First Amendment
Doe v. Sante Fe ISD: outlaws school prayer at functions
Engel v. Vitale – can’t compose official school prayer and require
students to recite it in public schools
Franklin v. Gwinnett County Public Schools – violations of Title IX of
1972 Education Act, which forbade gender discrimination in educations,
could be remedied with monetary damages
Gideon v. Wainright – right to counsel incorporated into Fourteenth
Amendment
Gregg v. Georgia – death penalty allowed
Gratzt v. Bollinger – University of Michigan used point based system
which awarded points automatically to minority students; Court saw this
as a use of a quota system
Gibbons v. Ogden – reinforced nationalistic interpretation of Const – no
monopoly
Gitlow v. New York – incorporated freedom of speech and press under
14th Amendmt
Hopwood case – white students claimed UT AA discriminated against
whites
Hustler v. Falwell: Hustler wins a libel case
Kimel v. Florida: Can’t sue state for age discrimination.
Lawrence v. Texas and Bowers v. Hardwick – protects sexual privacy
Lau v. Nichols – school districts must provide education to non-Eng
students
Lemon v. -Kurtzman – established three criteria (Lemont Test) to guide
future cases regarding government aid to religious schools
Mapp v. Ohio – illustrates principle of exclusionary rule
McConnell v. FEC - upheld restrictions Congress had imposed with the
McCain-Feingold Campaign Reform Act
McCulloch v. Maryland – first and most important case favoring
national power over economy. Allows formation of Nat’l Bank.
Miller v. California – ruled that obscenity is not protected by the First
Amendment
Near v. Minnesota – incorporated freedom of press into Fourteenth
Amendment
Nevada v. Holmes: Employees must follow family and medical act.
NY Times v. Schenck (’19): states can repress free speech (before
incorporation)
NY Times v. US – allowed NY Times to publish without government
censure
Palko v. Connecticut (1937), the Supreme Court refused to incorporate
double jeopardy (5th Amendment) on the basis that it is not a right that is
“implicit in the concept of ordered liberty.” Established principle of
selective incorporation
Printz v. US – ruled that the interim periods of the Brady Act were
unconstitutional
Palko v. Connecticut- self incrimination – no citizen shall be compelled
in any criminal case to be a witness against himself
Plessy v. Ferguson – required segregation on trolleys and other public
carriers
established “separate but equal” rule
Red Lion Broadcasting Company v. FCC – upheld FCC’s determination
that a radio station was required to provide a liberal author with an
opportunity to respond to an attack from a conservative commentator
that the station had aired
Roe v. Wade – established women’s right to seek an abortion
Romer v. Evans – extended fundamental civil rights to protecting gays
Schenck v. US – established clear and present danger test; free speech
does not include opposition to the military draft
Seminole Case: Decides can’t sue state for not selling land to natives.
Shelley v. Kramer – ruled against widespread practice of “restrictive
covenants,” which were sales contracts requiring home owners to not sell
the home later to any non-Caucasian, non- Christian, etc; violation of 14th
Amendment
Smith v. Allwright: No white primaries