U S GOVERNMENT [C4AE]
U S GOVERNMENT [C4AE] GPOSC 225
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This 6 page Class Notes was uploaded by Miller Rosenbaum on Saturday September 26, 2015. The Class Notes belongs to GPOSC 225 at James Madison University taught by Martin Cohen in Fall. Since its upload, it has received 55 views. For similar materials see /class/214141/gposc-225-james-madison-university in Political Science at James Madison University.
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Date Created: 09/26/15
Chapter 4 Civil Rights Affirmative action Policies or programs designed to expand opportunities for minorities and women and usually requiring that an organization take measures to increase the number or proportion of minorities and women in its membership or employment Page 174 Black Codes Laws enacted by southern legislatures after the Civil War that prevented former slaves from voting and holding certain jobs among other prohibitions Page 150 Civil Liberties Constitutional and legal protections from government interference into personal rights and freedoms such as freedom ofassembly speech and religion Page 141 Civil rights The powers or privileges that are conferred on citizens by the Constitution and the courts and that entitle them to make claims upon the government They protect individuals from arbitrary or discriminatory treatment at the hands of the government Page 141 De facto segregation Segregation that results from practice rather than from law Page 17 2 De jure segregation Segregation enacted into law and imposed by the government Page 173 Fugitive Slave Law The 1850 law compelling northerners to honor southerners property claims to slaves passed in return for the South s agreeing to admit California as a free state and hence lose its ability to blocklegislation in the Senate Page 147 Grandfather clauses Statutes stating that only those people whose grandfather had voted before Reconstruction could vote unless they passed a literacy or wealth test After the Civil War this mechanism was used to disenfranchise African Americans Page 153 Hate crime A violent crime directed against individuals property or organizations solely because of the victims race gender national origin or sexual orientation Page 184 Jim Crow Laws A series oflaws enacted in the late nineteenth century by southern states to institute segregation These laws created quotwhites onlyquot public accommodations such as schools hotels and restaurants Page 15 3 Literacy test A legal barrier used to exclude African Americans from voting Local white registrars would require prospective black voters to read and interpret arcane passages of the state s constitution Since few satisfied these registrars rigorous demands by 1910 fewer than 10 percent ofblack males were voting in the South Page 153 Poll tax A taX imposed on people when they register to vote In the decades after the Civil War this taX was used primarily to disenfranchise black voters With passage of the Twentyfourth Amendment in 1964 it became unconstitutional Page 15 3 Quotas Specific shares of college admissions government contracts and jobs set aside for population groups that have suffered from past discrimination The Supreme Court has rejected the use of quotas wherever it has encountered them Page 174 Racial profiling Identifying the suspects of a crime solely on the basis of their race or ethnicity Page 139 Segregation The political and social practice of separating whites and blacks into dual and highly unequal schools hospitals prisons public parks housing and public transportation Page 15 3 Separate but equal doctrine The Supreme Courtinitiated doctrine that separate but equivalent facilities for African Americans and whites are constitutional under the equal protection clause of the Fourteenth Amendment Page 154 Suffragists Women who campaigned in the early twentieth century for the right of women to vote Page 176 White primary A practice that permitted political parties to exclude African Americans from voting in primary elections Because historically in the South winning the Democratic primary was tantamount to winning the general election this law in effect disenfranchised black voters in southern states Page 153 Chapter 5 Civil Liberties Clear and present danger test A rule used by the Supreme Court to distinguish between speech protected and not protected by the First Amendment Under this rule the First Amendment does not protect speech aimed at inciting an illegal action Page 205 Clear and probable danger test A rule introduced by Chiequstice Fred Vinson for the courts to enlist in free expression cases quotIn each case the courts must ask whether the gravity of the 39evil discounted by its probability justifies such invasion of free speech as is necessary to avoid the dangerquot Page 208 Community standards The Supreme Court s 1973 ruling that a work is obscene if it is quotutterly without redeeming social importancequot and quotto the average person applying contemporary 39community standards the dominant theme of the material taken as a whole appeals to prurient interestsquot Page 209 Cruel and unusual punishment Criminal penalties not considered appropriate by a society that involve torture or that could result in death when the death penalty had not been ordered Page 227 Due process clause A clause found in both the Fifth and Fourteenth Amendments to the Constitution protecting citizens from arbitrary action by the national and state governments Page 200 Equal protection clause A Fourteenth Amendment clause guaranteeing all citizens equal protection of the laws The courts have interpreted the clause to bar discrimination against minorities and women Page 200 Establishment of religion clause The first clause of the First Amendment Prohibits the national government from establishing a national religion Page 214 Exclusionary rule A judicial rule prohibiting the police from using at a trial evidence obtained through illegal search and seizure Page 224 Incorporation The Supreme Court s extension of the guarantees of the Bill of Rights to state and local governments through its various interpretations of the Fourteenth Amendment Page 198 Incorporation Civil liberties are protections that citizens have against government power Anti federalists were particularly worried about too strong a national government so they wanted Madison to agree to add a Bill of Rights to the Constitution that would explicate some of these important freedoms Madison did so and the first ten amendments include freedoms like freedom of religion press speech right to bear arms right not to incriminate oneself right to a jury trial etc However all of these freedoms in the Bill of Rights were protected from NATIONAL government violation Citizens technically did not have the same protections from local andor state governments And since many times citizens were more likely to deal with these lower levels of government civil liberties were often at risk When the 14th amendment was added to the Constitution after the Civil War it included two important clauses It said that citizens were entitled to equal treatment under the law and due process The key thing here was that it provided protection against STATE laws In subsequent years the Supreme Court realized that the Bill of Rights was no help to people unless those freedoms could be protected from notjust national legislation and actions but state laws and actions as well So gradually the Supreme Court began to incorporate the Bill of Rights apply it to the states using the 14th amendment as justification They did so little by little with different cases allowing the Court to set precedent These are the cases we have been going over and will continue to go over tomorrow Lemon test The most farreaching of the controversial cases in which the Supreme Court specified three conditions every state law must satisfy to avoid running afoul of the establishment of religion prohibition the statute in question quotmust have a secular legislative purposequot such as remedial education the statute s quotprimary effect must be one that neither advances nor inhibits religionquot and the statute must not foster quotan excessive government entanglement with religionquot Page 215 Libel A published falsehood or statement resulting in the defamation of someone s character The First Amendment does not protect these statements Page 213 Miranda rule Requirement that police inform suspects that they have a right to remain silent and a right to have counsel while being interrogated Failure to inform suspects of their rights will result in any confession being inadmissable against them at trial Page 225 Neutrality test Policy favored by justices in establishment decisions as justices increasingly relied on the test of a policy s quotneutralityquot They used this not so much to prevent favoritism among religious groups as to root out policies that preferred religious groups generally over nonreligious groups engaged in a similar activity Page 216 Obscenity Defined as publicly offensive acts or language usually ofa sexual nature with no redeeming social value The Supreme Court has offered varying definitions in its rulings over the years Page 209 Penumbras judicially created rights based on various guarantees of the Bill of Rights The right to privacy is not explicitly stated in the Constitution but the Supreme Court has argued that this right is implicit in various clauses found throughout the Bill of Rights Page 233 Privileges and immunities clause The clause in Section 1 of the Fourteenth Amendment stipulating that quotno State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United Statesquot Page 200 Selective incorporation The Supreme Court s gradual process of assuming guardianship of civil liberties by applying piecemeal the various provisions of the Bill of Rights to state laws and practices Page 201 Slander Forms of false and malicious information that damage another person s reputation Page 213 Takings clause The Fifth Amendment s provision on property rights quotprivate property shall not be taken for public use withoutjust compensationquot Page 237 Chapter 14 The News Media Beat A regularly assigned venue that a news reporters covers on an ongoing basis Page 681 Carrying Capacity The amount of information a communication technology can deliver to its audience Newspapers have much higher carrying capacities than do television news programs Page 668 Credibility gap The widespread suspicion among reporters that presidents will lie to the media when doing so serves their interest and they think they can get away with it Page 692 Embedding Military media strategy of putting journalists among military units in the field Page 689 Equal time A quotfairnessquot rule established by the Federal Communications Commission to ensure that broadcasters offer balanced coverage of controversial issues Ifa radio or television station sells or gives airtime to one candidate for political office it must provide other candidates with equal time Page 663 Fairness doctrine Rule that assures that different points of view on controversial issues have access to the airwaves Page 664 Franking privilege The legal right of each member of Congress to send official mail postagefree under his or her signature Page 686 Free exercise clause The second clause of the First Amendment It forbids the national government to interfere with the exercise of religion Page 686 Infotainment Increasingly popular nontraditional source of political information that combines news and entertainment Examples include talk shows political comedy and MTV Page 671 Leak Strategically consequential information given to reporters on the condition that its source not be identified by name Page 680 Libel A published falsehood or statement resulting in the defamation of someone s character The First Amendment does not protect libelous statementsPage 676 Media bias Bias or slant in the selection ofwhich news to report and how the news is reported Page 672 Muckraking Journalistic investigation and exposure of scandals corruption and
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