American Government Final Exam
American Government Final Exam 1113
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This 28 page Study Guide was uploaded by Austin Montague on Wednesday May 4, 2016. The Study Guide belongs to 1113 at Mississippi State University taught by Mr. Wesley Ammons in Spring 2016. Since its upload, it has received 120 views. For similar materials see American Government in Political Science at Mississippi State University.
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Government Final Exam Test 1 Test 1 study guide From the Book Articles of Confederation o First attempt to structure an american government o It was later decided that the Articles restricted national government too much and they were replaced by the constitution 3/5s compromise o The state s decision during the Constitutional Convention to a count each slave as threefifths of a person in a state s population for the purposes of determining the number of House members and the distribution of taxes Federalist Papers o Series of eightyfive essays written to persuade the voters of New York to adopt the Constitution o Considered a classic defense of the American government system and application of political principles o Written by Alexander Hamilton, James Madison, and John Jay AntiFederalist o Favor strong strong state government and feared that a strong national government would be a threat to individual rights. o Feared that national government would become tyrannical Federalist o Favor a strong national government and a system of separated powers Who wrote the declaration of Independence? o Thomas Jefferson, Benjamin Franklin, Roger Sherman, John Adams, Robert R. Livingston Who wrote the Bill of Rights? o James Madison Dual Federalism National and state government are seen as distinct entities providing separate services. o Limits power of national government Cooperative Federalism National and state government work together to provide services efficiently. o Represents a profound shift toward less concrete boundaries of responsibility in nationalstate relations New Federalism o Shifted some important powers back to the states o Made it more difficult for Congress to impose unfunded mandates on states Unfunded mandatesfederal laws that require the states to do certain things but do not provide state government with funding implement these policies Political Ideologies: o SocialismVariety of social and economic systems characterized by social ownership and democratic control of the means of production as well as the political ideologies, theories, and movements that aim at their establishment. o Liberalism Worldview founded on the ideas of liberty and equality o Conservatism promotes retaining traditional social institutions in the context of culture and civilization. o Libertarianism Upholds liberty as its principle objective. Seek to maximize autonomy and freedom of choice Article of the Constitution: o First Article: Covers the history of the Constitution Info about the writing the constitution, great compromise, the signers, bill of rights and the amendments and what they mean o Second Article: Asserts the precedence of the separate states over the confederation government o Third Article: Establishes the US as a league of states o Fourth Article: Establishes freedom of movement Anyone can pass feely between states o Fifth Article: allocates one vote in the Congress of the Confederation to each state, which was entitled to a delegation of between two and seven members o Sixth Article: Only the central government is allowed to conduct foreign relations and to declare war No states have navies or standing armies or engage in war o Seventh Article: State legislature names the military rank when an army is raised o Eighth Article: Expenditures by the US will be paid by funds raised by state legislatures and apportioned to the states based on the real property values of each o Ninth Article: Defines the powers of the central government Declare war, money value, congress to serve as a final court o Tenth Article: Defines a committee of the States to be a government when congress is not in session o Eleventh Article: requires nine states to approve the admission of a new state into the confederacy o Twelfth Article: reaffirms that the confederation accepts war debt incurred by congress before the articles o Thirteenth Article: Declares that the Articles are perpetual and can only be altered by approval of Congress with ratification by all the state legislatures 27 Amendments 1st: Freedom of religion,speech,press, and assembly 2nd: Right to bear arms 3rd: Protection against the forced quartering of troops in ones home 4th: Protection from unreasonable searches and seizures 5th: Protection form forced selfincrimination or double jeopardy 6th: Right of the accused to a trial 7th: Right to a trial by jury in civil cases involving common law 8th: Protection for excessive bail, excessive fines, and cruel/unusual punishment 9th: Enumeration of specific rights in the constitution shall not be construed to deny the rights retained by the people 10th: Powers not delegated by the constitution to the national government nor prohibited by it to the states are reserved to the states/people Amendment Eleven Prevents suits against states Amendment Twelve Election of the President(Election Procedures) Amendment Thirteen Abolition of slavery Outlawed Amendment Fourteen Right to be free from discrimination in states to have due process of law, to have equal protection of the law Amendment Fifteen Black Suffrage Amendment Sixteen Individual Income Tax Amendment Seventeen Election of National Senators Amendment Eighteen Prohibition of alcoholic beverages Amendment Nineteen Women's Suffrage Amendment Twenty LameDuck Period shortened for federal Officials Amendment Twenty One Repeal to Prohibition (they can drink again) Amendment Twenty Two Limitation of Presidential term of office Amendment Twenty Three Voters in Washington D.C. given the right to vote for presidential electors Amendment Twenty Four Abolition of poll taxes Amendment Twenty Five Succession of offices of the President Amendment Twenty Six 18 year olds given the right to vote Amendment Twenty Seven Limits the power of Congress to increase its own salaries Evolution of Federalism Court Cases: o McCulloch v. Maryland 2 issues 1. Necessary and proper clause 2. Supremacy doctrine In 1816, congress started a Second Bank of the US and the state of Maryland passed legislation to impose taxes on the bank. McCulloch, cashier of Baltimore bank, refused to pay the tax States cannot tax U.S o Gibbons v Ogden Commerce clause New York state law gave individuals the exclusive right to operate steamboats on waters within state jurisdiction while others were required foreign boats to pay substantial fees for navigation privileges 16th and 17th amendments o 16th allowed the national government to collect income taxes which was a power formerly limited to the states Result: able to interfere more in intrastate issues by offering funding if states would voluntarily comply with federal policies o 17th took away the power of state legislators to select senators and redirected the power to the people made senators respond to national party politics instead of just the interested of their states Great Depression o Government and politics dramatically changed as the crash of the stock market was one of the most severe economic downturns in American history Globalization and industrialization reached their peak as the federal government assumed a greater economic role as business and states began trading abroad Roosevelt introduced the New Deal, a series of programs and policies that attempted to revive the economy and prevent further depression, which increased regulation of banking and commerce programs to rid poverty. Government had to grow dramatically to implement all the programs Positive and Negatives of Federalism o Source of policy diversity and innovation to solve local problems o Government and people are closer which encourages political participation o Federalism provides a check on national tyranny o More potential paths to address problems Negative effects o Too much responsibility to the states to distribute resources o Unequal civil rights protection o Competitive federalism can create a “race to the bottom” Terms Universal Suffrage Right of almost all adults to vote in political elections Popular sovereignty The principle that the authority of a state and its government is created and sustained by the consent of its people, through their elected representatives Referendum A general vote by the electorate eon a single political question Electoral college Body that votes to select America s president and vice president based on the popular vote in each state. o Each candidate nominates a slate of electors who are selected to attend the meeting of the college if their candidate wins the most votes in a state or district Federal mandates Requirements set by the Federal government, usually is in the form of a new law Sovereign immunity Legal privilege by which federal and state government cannot be sued Politics Process that determines what government does, includes ways of behaving and making decisions that are common in everyday life. Categorical grants Federal aid to state/local government that is provided for a specific purpose, such as masstransit program within the transportation budget/education program Block grants Federal aid provide to a state government to be spent within a certain policy area, but the state can decide how to spend the money within that area Matching fund grants Federal grants with a requirement for matching funds ex: Interstate Highway System Totalitarianism Repressive, unfree type of society/government controls almost every aspect of life. Ruled by a dictator and very little/no freedom Authoritarianism One ruler/small group of leaders have ht real power in political systems/citizens do not have any voice in how they are ruled Theocracy Government leaders are members of the clergy/state s legal system is based on religious law Theories of Our Democracy o Majoritarianism Political policy where the majority rules o Representative Democracy – Variety of democracy founded on the principle of elected officials representing a group of people o Representative Republic Founded on the principle of elected individuals representing the people with election providing the opportunity of change o Direct Democracy Pure democracy, the people decide on policy initiatives directly Distribution of Power in our Federal System USA o Enumerated powers Powers explicitly granted to Congress, president, or Supreme Court in the first three articles of the const. ex: “raise and support armies” /president‘s pre as commander in chief o lmplied powers Powers supported by the constitution that are not expressly state in it – o Inherent power Powers that Congress and the president need in order to get a job done right/reasonable powers that are logical part of the powers delegated to congress and the president States o 10th amendment Ensures that all pores not delegated to the national government are reserved tot the states or to the people o Reserved powers Defined in the 10th amendment, powers that are not given to the national government by the constitution/no prohibited to the states, are reserved by the states/the people Concurrent powers Responsibilities for particular policy areas, such as transportation, that are shared by federal,state, and local government What are the longterm consequences of the 14th amend? o It defined citizenship at national level and no longer a state level How has the 9th amendment been used in the last 50 years? Griswold casepeople are ensured their fundamental rights/this case challenged that when it was used with the prohibition of using any drug/medicinal article/ instrument for the purpose of preventing conception Article IV o Full Faith and Credit Clause Requires each state to extend credit and full faith to the public acts, court proceedings, and records to the states o Privileges and Immunities States must protect immunities and privileges between states o Extradition If a fugitive flees to another state that state is required to bring them back Article V o Amendment Process: 2/3s majority of both the house of representative and the senate 2/3s of all state legislatures request that congress convene a special constitutional convention that will be made up of delegates that will propose amendments Article VI Supremacy Doctrine o Debts and prior engagements before the const. are still in effect o The Const. is the highest ruling document and governing law in the US What are the differences between federal, unitary and confederate systems of government? Unitary Central government holds most of the power Federalsharing of power between the central government and state Confederateweak central authority that derives all its powers from the state or provincial government Basic Principles of our System o Universal suffrage Voting rights o Popular sovereigntygovernment is created by and subject to the will of the people o Majority rulesupreme power is vested in the people o Protection of which minority each rights Individual branch rights of are government not denied has based some on power race/class/over ethnic/sexual rights. o Limited Government Political system in which powers of the government are restrict to prevent tyranny by protecting property and their individual rights. o Checks and Balance – System in which each branch of government has some power over the others separation of powers o Division of government power across the judicial, executive, and legislative branches Test 2 Names to know: Executive Branch o John Kerry – Secretary of State o Loretta Lynch – Attorney General o Ashton Carter – Secretary of Defense o Denis McDonough – Chief of Stafff o Barack Obama – President o Joe Biden – Vice President Legislative Branch o Mitch McConnell – U.S. Senate Majority Leader (Most Powerful) o Nancy Pelosi – Minority Leader of the US House of Representatives o Orin Hatch – Pro Tempore of the US House of Representatives o Paul Ryan – Speaker of the house o Harry Reid – Senior Democratic Leader o Greg Harper (MS House Rep – Starkville to Rankin Co) o Bennie Thompson (MS House Rep – Delta) o Steve Palazzo (MS House Rep – Coast) o Trent Kelly (NE Miss) o Roger Wicker – (MS Senator) o Thad Cochran – (MS Sr Senator) President Different executive systems 1. Presidential A presidential system is a system of government where an executive branch is led by a president who serves as both head of state and head of government. In such a system, this branch exists separately from the legislature, to which it is not responsible and which it cannot, in normal circumstances, dismiss 2. Semipresidential A semipresidential system is a system of government in which a president exists along with a prime minister and a cabinet, with the latter two being responsible to the legislature of a state 3. Parliamentary A parliamentary system is a system of democratic governance of a state where the executive branch derives its democratic legitimacy from legislature (parliament) and is also held accountable to that legislature. How do we elect the Pres/VP? What happens if the electors fail to select a Pres/VP? 1) Each state is awarded a certain number of Electoral College votes (ECVs). 2) This number is equal to that state's representation in Congress the number of Senators (2) plus the number of Representatives. Thus, in 2008, California had 55 ECVs while Wyoming had only 3. 3) There are a total of 538 ECVs. 4) To win the presidency, a candidate must win an absolute majority of ECVs that is, 270. 5) Whichever candidate wins the most popular votes in a state receives all the ECVs of that state. This is not in the Constitution, but 48 of the 50 states have a state law requiring it. 6) The other two states Maine and Nebraska award ECVs on a different basis, depending on who wins the presidential vote in each congressional district. 7) The Electoral College never meets together. The Electors meet in their respective state capitals on the Monday after the second Wednesday in December and send their results to the vicepresident in Washington DC. 8) If no candidate wins 270 ECVs, the president would be elected by the House of Representatives, each state having 1 vote that is, a total of 50 votes. 9) The vicepresident would be elected by the Senate, each Senator having 1 vote that is, a total of 100 votes. 10) The winners would need to receive an absolute majority of the votes in the respective chambers. 11) Only twice has the Electoral College failed to come up with a winner and the election been thrown to Congress 1800 and 1824 What’s the NSC? A committee in the executive branch of government that advises the president on foreign and military and national security The President’s options when he gets a bill from Congress. 1) To sign it becomes a law 2) To veto it refuse to sign it, must be returned to original house with a veto message 3) To allow the bill to become a law without signing not acting on it for 10 days 4) Pocket Veto If congress adjours its session within 10 days of submitting and the president does not act, the measure dies. Roles of the Pres: 1. Chief of State This role requires a president to be an inspiring example for the American people. In some nations, the chief of state is a king or a queen who wears a crown on special occasions, celebrates national holidays, and stands for the highest values and ideals of the country. As the American Chief of State, the president is a living symbol of the nation. It is considered a great honor for any citizen to shake the president's hand. Examples of Responsibilities: Awarding medals to the winners of college scholarships Congratulating astronauts on their journey into space Greeting visitors to the White House Making a patriotic speech on the Fourth of July 2. Chief Executive The president is the "boss" for millions of government workers in the Executive Branch. He decides how the laws of the United States are to be enforced and chooses officials and advisers to help run the Executive Branch. Examples of Responsibilities: Appointing someone to serve as head of the Central Intelligence Agency (CIA) Holding a Cabinet meeting to discuss government business Reading reports about problems of the Federal Bureau of Investigation (FBI) 3. Chief Diplomat The president decides what American diplomats and ambassadors shall say to foreign governments. With the help of advisers, the president makes the foreign policy of the United States. Examples of Responsibilities: Traveling to London to meet with British leaders Entertaining Japanese diplomats in the White House Writing a message or a letter to the leaders of the Soviet Union 4. CommanderInChief The president is in charge of the U.S. armed forces: the Army, Navy, Air Force, and Marines. The president decides where troops shall be stationed, where ships shall be sent, and how weapons shall be used. All military generals and admirals take their orders from the President. Examples of Responsibilities: Inspecting a Navy yard Deciding, in wartime, whether to bomb foreign cities Calling out troops to stop a riot 5. Chief Legislator Only Congress has the actual power to make laws, but the Constitution gives the president power to influence Congress in its lawmaking. Presidents may urge Congress to pass new laws or veto bills that they do not favor. Examples of Responsibilities: Inviting members of Congress to lunch in the White House Signing a bill of Congress Making a speech in Congress Executive Privilege (immunity) The privilege, claimed by the president for the executive branch of the US government, of withholding information in the public interest. US v Nixon Court ruled: unanimously establishes two things ○ 1: the constitution does grant the executive branch privilege ○ 2: executive privilege does not apply in this particular case ○ Absent a claim of harm to the national security, the president cannot simply invoke executive privilege for presidential correspondence ○ You have to have a good reason for claiming/invoking executive privilege Clinton v Jones Held that a president was not immune from civil litigation except under highly unusual circumstances What if Obama dies? What’s the line of succession? VP, Speaker, Pro Tempore What’s a Prime Minister? How are they picked? Majority party in parliament decides Prime Minister Powers of the President: Constitutional A power vested in the president by Article II of the Constitution. Statutory A power created for the president through laws enacted by Congress. Inherent Powers the Constitution is presumed to have delegated to the National Government because it is the government of a sovereign state within the world community (Emergency) War Powers Resolution – Act stating when deploying troops pesidents must notify Congress within 48 hours & can leave troops there for 60 days; if by end of 60 cong has not declared war, troops come home Impeachment Process – House impeaches. Senate convicts. Step 1 impeachment beings in House of Reps Step 2 a majority of the House members must vote to impeach or formally accuse Step 3 trial is held in Senate Step 4 2/3 of senators must find the official guilty to remove that person from office Power to “Recognize” another country’s govt Treaties and executive agreements Treaties – Needs approval from 2/3 senate. Executive agreements – Does not need approval. 25 amendment – If their is a vacancy in the VP spot, the president appoints a new one that both houses of congress must approve Signing statements A written declaration that a president may make when signing a bill into law. Usually, such statements point out sections of the law that the president deems unconstitutional Congress Differences between the House and Senate (Ask Sam) Senate has 6 year term House has 2 year term Founding father’s intentions when they created the House and Senate They wanted senate to be stable/ House of lords and the house to be unstable/ common man. Congressional Committee System (Ask Sam) Committee system Members of Congress are assigned to committees to investigate the merits and problems with suggested bills, sometimes holding public hearings to learn more before sending it to the full House or Senate for debate and a vote. Conference committee committee appointed by the presiding officers of each chamber to adjust differences on a particular Bill passed by each in, different form. Joint committee includes members from both house of Congress, conducts investigations or special studies Select committee A temporary legislative committee established for a limited time period and for a special purpose. Standing committee A permanent committee established in a legislature, usually focusing on a policy area *Significance of Majority/Minority parties in Congress* Congressional Leadership positions: What does the Speaker of the House do? How is he/she chosen? The Speaker is the presiding officer of the House and the leader of its majority party. He/she keeps order and chairs most sessions. No member can speak without being recognized by the Speaker. He/she interprets and applies rules and procedures, refers bills to committees and puts motions to a vote. He/she also names the members of all select and conference committees. The speaker of the house belongs to the majority party (republican right now) He or she is chosen by a caucus or closed meeting of the majority party. The full house must vote to approve the choice What does Pro Tempore of the Senate do? How is he/she chosen Handle day to day activity of senate Senator of majority party with most seniority *What do the Majority and Minority Leaders of the House and Senate do?* Reapportionment The number of representatives assigned to each state being recalculated every ten years based on population data. Redistricting Each state redraws its own congressional districts to reflect the population changes. Each district is equal of population. (Actual redrawing the lines) Gerrymandering The drawing of legislative district boundaries to benefit a party, group, or incumbent. Filibuster – A tactic for delaying or obstructing legislation by making long speeches Cloture Take 60 votes in senate to end filibuster Trustee – Use their best judgment Instructed delegate – Uses the people’s demands Casework – Work for individual Oversight The review, monitoring, and supervision of federal agencies, programs, activities, and policy implementation. House Rules Committee The main functions of the House Rules Committee are reviewing bills before the bills go to the entire house, along with creating rules for that specific bill such as how long the bill has until its approved. 17 amendment – Changed way we select senators. State senators used to select US senators Open Primary A primary in which voters can vote for the candidates of either the Democratic or the Republican party Closed Primary A primary election in which voters must first declare to which party they belong Midterm Effect – Presidential party in power takes loss Presidential (coattail) effect – When winner of the presidential elections brings a lot of people of the same party into governmental offices, especially Congress. Popularity can influence *Immunity under the law* Additional terms Cabinet Level Depts Each is headed by a secretary (except Justice, headed by A.G.). Head must be appointed by president, and approved by the senate. Each department manages specific policy areas, and each has its own budget and staff. Government Corporations Perform Services for a fee. Ex: Amtrak, TVA, Post Office US Civil Service System A system in which people receive government jobs based upon a set of qualifications and formal training; job promotion and pay raises are based upon job performance. Bureaucracy A large, complex organization composed of appointed officials. Independent Executive Agencies Federal agencies not under the cabinet; congress authorizes them, defines their goals, and sets their powers; rules by commissions, boards, and panels; appointed by the president, approved by the senate. Independent Regulatory Agencies Federal regulatory agencies that are independent, thus not fully under the power of the president. Ex. Federal Trade Commission, Securities and Exchange Commission Test 3 Cases o Barron v. Baltimore: Supreme Court holding that the Bill of Rights restrained only the national government, not the states th and cities. 5 Amendment o Chaplinsky v. NH: “Fighting words” are words that tend to inflict injury or tend to incite an immediate breach of speech st and do not convey ideas; not protected by 1 Amendment o Boy Scouts v. Dale: The courts ruled that the historic private groups have the rights to exclude gays from serving as leaders because a private group has the right to set its own moral codes. o NY Times v. Sullivan: Established the “actual malice” standard. In case of libel or slander, public figures the author had “knowledge of falsity and reckless disregard for the truth.” o Roth v. US: Ruling that obscenity is not constitutionally protected free speech. o Engel v. Vitale: Struck down statesponsored prayer in public schools. o Miller v. Calif: Established that community standards be used in determining whether material is obscene in terms of appealing to prurient interest, being patiently offensive, and lacking in value. o Cox v. NH: When a group of Jehovah’s Witnesses were arrested for marching in New Hampshire without a permit, they claimed that permits were an unconstitutional abridgment of their 1 st Amendment freedoms. Court held that cities and towns could legitimately require parade permits in the interest of public orders. o Reynolds v. US: Upheld ban on polygamy, ruling that religious acts cannot make legal an illegal action if it is secular, logical reasons. o Lawrence v. Texas: Court ruled that consenting adults can legally participate in whatever sexual activity they choose in the privacy of their own home. o Oregon v. Smith: Court ruled that the state of Oregon could deny unemployment benefits to two drug counselors who had been fired for using peyote, an illegal drug in their Native American religious services; Demonstrated the Govt. use of the free exercise clause. o Griswold v. Conn: Court ruled that laws banning contraceptives were a violation of marital privacy. o Gitlow v. NY: The court applied the protections of free speech to the states under the due process clause of the 14 th Amendment. o NY Times v. US: Court ruled that government attempts at censorship was unconstitutional. NY Times stole Nixon files. o Tinker v. Des Moines School District: Students have the right to symbolic speech at school as long as it is not disruptive. o Hurley v. Irish American LGBT: Court ruled that a private institution can decide to allow or not to allow whomever in a parade, as it is a protection of their freedom of speech. o Snyder v. Phelps: Court held that speech on a public sidewalk, about a public issue, cannot be liable for a tort of emotional distress, even if the speech is found to be “outrageous”. o Brown v. Board of Education: Court declared state laws establishing separate public schools for black and white students to be unconstitutional. st o Citizens United v. FEC: Corporations have a 1 Amendment right to expressly support political candidates for Congress and the White House. o Obergefell v. Hodges: Court ruled that the 14 Amendment requires a State to license a marriage between two people of the same sex and to recognize a marriage between of two people of the same sex when their marriage was lawfully licensed and performed outofState. Unprotected Speech and Press Libel: The publication of false or malicious statements that damage someone's reputation. Slander: The verbal expression of false or malicious statements that damage someone's reputation. (Spoken or Oral) Obscenity Ruth v. US/ Court list requirements material must meet to be considered obscene. "Clear and Present danger” – Gitlow v. NY/ Judicial interpretation of Amendment 1 that government may not ban speech unless such speech poses an imminent threat to society. "Bad Tendency Rule" Interpretation of the first amendment that would allow the congress or state legislatures to prohibit or limit speech or expression that had the tendency to cause or incite illegal activity. "Incitement Test" Government can punish the advocacy of illegal action only if directly incites or produces "imminent lawlessness" "Fighting Words" – Chaplinsky v. NH/ Which by their very utterance inflict injury OR those which tend to incite an immediate breach of the peace "Heckler's Veto" Curtailing the freedom of speech of an acting party in order to stop a reacting party (like preventing a controversial speech to stop the possible backlash), in the name of public safety Hate Speech Expression that is offensive or abusive, particularly in terms of race, gender, or sexual orientation. It is currently protected under the 1st Amendment. A verbal attack targeting someone because of their race, gender, religion, or sexual orientation Symbolic speech Nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.An act that conveys a political message. Differences between criminal and civil cases Criminal (Gov v. Ind) the government charges an individual with violating a specific law. ex. Robbery Civil (Ind. v. Ind) Consists of a dispute between two parties; can exist over a wide range of matter ex. lawsuits, divorce Jurisdiction Original Jurisdiction The right to hear cases for the first time Decide guilty or not guilty Appellate Jurisdiction The authority of a court to hear a case appealed from a lower court. Checks over first jurisdiction Differences between courts of original and appellate jurisdiction Original Jurisdiction means the power of a court to hear a case for the first time. Whereas, Appellate Jurisdiction is a power of a court to review the orders of a lower/subordinate courts and may correct the orders of the lower courts if it deems necessary. What can and does an appellate court do? To correct errors made at the trial court. The levels of the state and federal court systems http://www.uscourts.gov/aboutfederalcourts/courtroleand structure/comparingfederalstatecourts How are Mississippi Judges selected? Occurs through the nonpartisan election of judges (except in the municipal courts, where judges are appointed). There are nine justices on the Mississippi Supreme Court, each elected to eightyear terms in nonpartisan elections. All candidates must run in the general election (as Mississippi holds no primary for judicial candidates) and must face reelection if they wish to serve again. The court's chief justice is selected by seniority. He or she serves until retirement, at which point the justice with the next most judicial experience becomes chief. The rule of 4 writ of certiorari A procedure used by the Supreme Court to determine which cases it will hear is called Precedent How similar cases have been decided in the past. Stare Decisis A Latin phrase meaning "let the decision stand." Most cases reaching appellate courts are settled on this principle. FOIA Allows any citizen to request records from the executive branch of the federal government Privacy Act Govt agencies can't disclose any record to any person, or to another agency, except after written request by, or with prior written consent of, the person to whom the record pertains. Protects the privacy of govt records pertaining to individual citizens. FERPA A federal law that protects your privacy of student education records Establishment Neither a state nor the federal government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. Free Exercise Section of the First Amendment italicized here: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof Incorporation theory and the 14th amendment The view that most of the protections of the Bill of Rights apply to state governments through the 14th amendment's due to process clause What does the Supreme Court do when it hears a case? Writ of Certiorari What's the difference between Supreme court decisions and opinions Opinions matter more! Freedom of association Government may not restrict the number or type of groups or organizations people belong to provided those groups do not threaten national security. Assemble freedom of assembly the right peaceably to assemble and to petition the government for redress of grievances petition formal request to someone in authority, usually written and signed by a group of people exclusionary rule Writ of habeas corpus A writ of habeas corpus is a court order commanding someone with a person in custody to produce that person before the court and show why the person is being held Miranda warnings Strict constructionist – Narrow interpretation expressed powers everything leftover goes to the States Thomas Jefferson was a strict constructionist Broad constructionist – Broad powers more power goes to the central government Hamilton is an example of a liberal constructionist Judicial activism a philosophy of judicial decisionmaking whereby judges allow, mainly, their personal views about public policy to guide their decisions Judicial restraint judicial deference to the views of legislatures and adherence to strict jurisdictional standards (looking strictly into the words of the Constitution in interpreting its meaning) *from the Supreme Courts point of view, what's a political question?* *The 1st amendment and TV and Radio* Who's on the Supreme Court? Know who appointed our court? Justice Date of Birth Appointed by Sworn in 3/11/1936 Vacant Died 2/13/2016 Ronald Reagan 9/26/1986 (Antonin Scalia) Served: 29 yr 4 mo Age: 79 yr 11 mo Anthony Kennedy(Swing Vote) 7/23/1936 Ronald Reagan 2/18/1988 Age: 79 yr 9 mo Served: 28 yr 2 mo 6/23/1948 10/23/1991 Clarence Thomas Age: 67 yr 10 mo George H. W. Bush Served: 24 yr 6 mo 3/15/1933 8/19/1993 Ruth Bader Ginsburg Age: 83 yr 1 mo Bill Clinton Served: 22 yr 8 mo Stephen Breyer 8/15/1938 Bill Clinton 8/3/1994 Age: 77 yr 8 mo Served: 21 yr 8 mo John G. Roberts 1/27/1955 George W. Bush 9/29/2005 Age: 61 yr 3 mo Served: 10 yr 7 mo Samuel A. Alito, Jr. 4/1/1950 George W. Bush 1/31/2006 Age: 66 yr 1 mo Served: 10 yr 3 mo 6/25/1954 8/8/2009 Sonia Sotomayor Barack Obama Age: 61 yr 10 mo Served: 6 yr 8 mo 4/28/1960 8/7/2010 Elena Kagan Barack Obama Age: 56 yr 0 mo Served: 5 yr 8 mo If something stands out about a Justice, then know it. Right to privacy and related issues: abortion, consensual sex, Judicial Review The right 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. From Ch 5 Civil rights Act of 1964 ERA Difference between civil liberties and civil rights Status of tribal lands Title IX Plantiff
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