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PSC 101: Exam 2
Civil rights
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Guarantees of equal opportunities, privileges, and treatment under the law that allow individuals to participate fully and equally in American society.
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Dred Scott v. Sandford
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Supreme Court decision in 1857 declaring that neither slaves nor the descendants of slaves could be U.S. citizens
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Equal protection clause
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clause in the fourteenth Amendment stating that states are not to deny any person equal treatment under the law
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state action
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Supreme Court interpretation of the equal protection clause that holds the clause prohibited unfair discriminatory actions by government, not by private indiviuals
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Jim Crow laws
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system of laws that separated the races.
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Plessy v. Ferguson
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Supreme Court decision in 1896 upholding the constitutionality of laws and government policies that required segregated facilities for blacks and whites
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separate but equal doctrine
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Doctrine allowing segregation as long as the facilities are equal.
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Brown v. Board of Education
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Prohibited segregation in schools
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de jure segragation
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segregation that happens due to laws
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de facto segregation
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segregation that is a result of behavior
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affirmative action
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attempts to hire/recruit from minority groups
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Regents of the University of California v. Bakke
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Court decision that disallowed colleges setting a "quota" on minority students but that colleges could see it as a "plus" when considering a student
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civil disobedience
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the purposeful breaking of a law, nonviolently, to draw attention to a cause.
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white primary
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primary elections in southern states where only white people could vote
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majority-minority districts
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The drawing of voting districts that groups large portions of minority together ensuring the election of a minority.
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Collective Benefit
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A benefit everyone enjoys, regardless of whether or not they contributed to it's attainment.
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Selective benefit
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benefits that only those who contributed to their attainment get to enjoy.
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socioeconomic status
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a combination of an individuals' occupation, income, and education levels
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civic skills
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writing, speaking, analyzing, and organizing that reduce the cost of political participation.
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political efficacy
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an individual's belief that he or she can influence what happens in the political world.
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suffarge
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the right to vote
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Voting Rights Act of 1965
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legislation that abolished literacy tests as a requirement to vote.
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GOTV
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stands for get out the vote, and describes events or activities campaigners use to ensure voters vote on election day.
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impeachment
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the act or charging a government official with a high crime.
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constituents
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The people who reside within an elected offical's political jurisdiciton
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incumbent
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the individual in an election who currently hods teh contested office
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casework
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the direct assistance that members of Congress give to individuals; doing their constituents favors.
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delegate representation model
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where representatives are elected to do the bidding or their constituents
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trustee representation model
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the type of representation by which representatives are elected to do what they think is best for their constituents
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collective action problem
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a situation in which the members of a group would benefit by working together to produce some outcome, but each individual is better off refusing to cooperate and reaping benefits from those who do the work
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cycling
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A phenomenon that occurs when multiple decision makers must decide among multiple options and cannot agree on a single course of action.
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party caucus
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A closed meeting of a party's House or Senate Democractic members; also called a party conference
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party conference
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an organization of the members of the Repulblican party in the House or Senate
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party whips
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a member of the Senate/House who is chosen by his/her party colleagues to assist the party's floor leader in managing its legislative program.
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markup
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the process by which the members of a committee of subcommittee rewrite, delete, and add portions of a bill.
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open rule
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An order from the House Rules Committee that permits a bill to be amended on the floor
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closed rule
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An order from the House Rules Committee that sets a time limit on debate; forbids a bill from being amended on the floor
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cloture
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A procedure for terminating debate, especially filibusters, in the Senate.
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conference committee
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A special joint committee appointed to reconcile differences when bills pass the two chambers of Congress in different forms.
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sunset provision
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a condition of a law that requires it to be reauthorized after a certain number of years
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appropriations
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A legislative act authorizing the expenditure of a designated amount of public funds for a specific purpose.
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earmarks
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federal funds that support specific local projects
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continuing resolutions
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A steady flow of money that funds federal and state projects.
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supplemental resolutions
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temporary funding given to fund federal projects when unforeseen circumstances.
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electoral college
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A group of people named by each state legislature to select the president and vice president
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necessary and expedient clause
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a clause in Article II, section 3, of the Constitution that authorizes the president to recommend legislation to Congress
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take care clause
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The constitutional requirement (in Article II, Section 3) that presidents take care that the laws are faithfully executed, even if they disagree with the purpose of those laws.
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executive privilege
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The power to keep executive communications confidential, especially if they relate to national security.
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delegation
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The passing of power to the President from Congress to be the main actor in the creation of policy
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formal powers
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specific grants of authority defined in the Constitution or in law
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veto
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Chief executive's power to reject a bill passed by a legislature
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pocket veto
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A veto taking place when Congress adjourns within 10 days of submitting a bill to the president, who simply lets it die by neither signing nor vetoing it.
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line-item veto
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Presidential power to strike, or remove, specific items from a spending bill without vetoing the entire package; declared unconstitutional by the Supreme Court.
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executive agreement
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A formal agreement between the U.S. president and the leaders of other nations that does not require Senate approval.
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executive order
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A rule issued by the president that has the force of law
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mandate
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A president's claim of broad public support.
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unified government
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The same party controls the White House and both houses of Congress
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divided government
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A situation in which one major political party controls the presidency and the other controls the chambers of Congress, or in which one party controls a state governorship and the other controls the state legislature.
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Presidential cabinet
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name given to the President's advisors, group of officials who head government departments and advise the president
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Executive Office of the President
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A group of organizations that advise the president on a wide range of issues; includes the Office of Management and Budget, the National Security Council, and the Council of Economic Advisers
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district courts
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Lowest level of fed. courts, where fed. cases begin &trials are held (bank robbery, environmental violations, tax evasion)
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magistrate courts
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municipal court which handles misdemeanors
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appellate courts
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Courts that determine whether lower courts have made errors of law.
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writ of certiorari
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A formal writ used to bring a case before the Supreme Court.
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original jurisdiction
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The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.
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briefs
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Documents setting out the arguments in legal cases, prepared by attorneys and presented to courts.
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oral argument
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A presentation of a case given directly to a court by a lawyer/
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conference
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A special joint committee appointed to reconcile differences when bills pass the two chambers of Congress in different forms.
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Chief Justice
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Head of the Judicial branch at the NATIONAL level
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majority opinion
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A court opinion reflecting the views of the majority of the judges.
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concurring opinion
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An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.
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dissenting opinion
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A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion
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plaintiff
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A person or party filing a lawsuit
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defendant
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An individual or group being sued or charged with a crime.
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jury
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a body of citizens sworn to give a true verdict according to the evidence presented in a court of law
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criminal case
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A case in which a defendant is tried for committing a crime as defined by the law
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civil case
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A case involving a noncriminal matter such as a contract dispute or a claim of patent infringement
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class action suit
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A case brought by someone to help him or her and all others who are similarly situated
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standing
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the requirement establishing that for a plaintiff to bring a case to court, he or she must have suffered a well-defined injury that is a result of violation of the civil code
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ripeness doctrine
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a doctrine under which the court will not hear a case unless there is an actual, present controversy for the court to decide
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plea bargin
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The defendent agrees to plead guilty in exchange for a reduction of charges of lighter sentence
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common law
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Laws that are based not on actual laws but on previous judicial rulings.
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public law
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Criminal law deals with acts against welfare & safety of public
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judicial review
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Review by a court of law of actions of a government official or entity or of some other legally appointed person or body or the review by an appellate court of the decision of a trial court
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legal model
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a view of judicial decision making that argues that judges set aside their own values and make decisions based solely on legal criteria
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stare decisis
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A common law doctrine under which judges are obligated to follow the precedents established in prior decisions
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judicial restraint
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A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures
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judicial activism
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An interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court)
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attitudinal model
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A model that suggests that judges' decisions are largely, if not exclusively, determined by their personal ideological and policy preferences
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strategic model
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the theory of judicial decision-making in which judges consider their own policy preferences as well as the possible actions of the other branches of government when making decisions
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solicitor general
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A presidential appointee and the third-ranking office in the Department of Justice.
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amicus curiae
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A brief submitted by a "friend of the court"
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senatorial courtesy
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Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.
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