POLS 207: FINAL EXAM
89 Cards in this Set
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statutory law
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laws passed by legislatures
take precedence over common law
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common law
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developed in 13th century through decisions of judges who applied their notions of justice to specific cases
only applied by the courts when no statutory provisions are relevant or when statutory law must be interpreted covers both criminal and civil laws - most of common laws of crimes …
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Judicial Federalism
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refers to state court's exercise of their authority to interpret their own constitutions to guarantee protections to individual rights beyond those protected by the US constitution
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Webster v. Reproduction Health Serrvices, 1989
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Florida Supreme Court decided that the state constitutional guarantee of the right of privacy struck down laws restricting abortion
US Supreme Court upheld similar laws in Webster v. Reproduction Health Services
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San Antonio ISD v. Rodriguez, 1973
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Texas Supreme Court held that the state's constitutional guarantee of equality in public education required the system of local school finance to be replaced with statewide financing that equalized educational spending
US Supreme Court said that the Constitution did not include a right t…
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Bowers v. Hardwick, 1986
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New York and Pennsylvania Supreme Court were first to strike down state sodomy laws under privacy provisions of state constitution
US Supreme Court upheld Georgia's sodomy statue in Bowers v. Hardwick
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Harris v. McRae, 1980
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California's Supreme Court ruled that states pay for abortions of poor women
US Supreme Court ruled that there was no requirement that states fund abortions in Harris v. McRae
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Barnes v. Glen Theatre, Inc., 1991
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Massachusetts Supreme Court ruled that nude dancing is a protected form of free expression
US Supreme Court ruled it is not protected in the First Amendment in Barnes v. Glen Theatre, Inc.
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Terry Schiavo Case (right-to-die)
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involved all 3 branches of the government at both the state and local government levels
key events of this case illustrate the interaction of lower state courts, the state supreme court, the state legislature, the governor, the federal district and appeals courts and the US Supreme Cour…
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Defense of Marriage Act, 1996
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marriage is between a man and a woman and "no state...shall be required to give effect to any public act, record, or judicial proceeding of any other state respecting a relationship between persons of the same sex that is treated as a marriage"
circumvented the Full Faith and Credit Clau…
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Loving v. Virginia, 1967
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landmark civil rights case in which the US Supreme Court, by 9-0 vote, declared Virginia's anti-mescegenation statute, the "Recial Integrity Act of 1924", unconstitutional, thereby overturning Pace v. Alabama, 1883
ended all race-based legal restrictions on marriage in the US
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Goodridge v. Department of Public Health
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Public Health Massachusetts' Supreme Court said that civil marriage can't be limited to different-sex couples
The Massachusetts Senate's proposal to fence gay couples out of equality with a separate "civil union" status, while continuing the ban on marriage, fell within the US Constituti…
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Lewis and Winslow v. Harris
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court said that gay couples can have the rights of married people, but they do not have a basic right to get married
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re Marriage Cases
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California Supreme Court case with the dual holding that "statutes that treat persons differently because of their sexual orientation should be subjected to strict scrutiny" and the existing "California legislative and initiative measures limiting marriage to opposite-sex couples violate …
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Varnum v. Brien
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Iowa Supreme Court held that the Iowa statute limiting civil marriage to a union between a man and a woman violates the equal protection clause of the Iowa Constitution
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14th Amendment Definition
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declares that all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the Unit…
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14th Amendment Historical Context
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14th Amendment set up for the original purpose of achieving the full measure of citizenship and equality for African Americans
Republicans had set this up to carry out a revolution in the southern society southern states were forced to, under military occupation, ratify the 13th, 14th, a…
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14th Amendment Historical Context Cont.
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In 1877 Reconstruction was abandoned and the push to equalize African Americans died out and White Supremacy in the Southern region took over
The Policy of "separate but equal" became the new meaning for the 14th Amendment This remained until the Court's interpretation of the 1954 Equal …
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Plessey v. Ferguson
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"separate but equal" - segregated facilities were lawful as long as the facilities were equal
extended to cover many areas of public life ex: restaurants, theaters, restrooms, and public schools
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Brown v. Board of Education, 1954
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reversed "separate but equal"
now unconstitutional to have separate facilities based on race ended legal discrimination
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States Requiring Segration laws in 1954
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17 - Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, North & South Carolina, Oklahoma, Tennessee, Texas, Virginia, West Virginia
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Roe v. Wade, 1973
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Supreme Court declared that the constitutional guarantee of "liberty" in the 5th and 14th Amendments included a woman's decision to bear or not to bear children
the word "person" did not include the unborn child states could not place any restrictions of abortion in the first three month…
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Roe v. Wade Cont.
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Between the 3rd and 6th months, state could set standards of prcedures in order to protect the health of the mother but could not prohibit abortions
only in the final three months could a state prohibit or regulate abortion to protect the unborn
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Webster v. Reproductive Health Services, 1989
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Supreme Court upheld a Missouri law sharply restricting abortions
right to abortion was not overturned, but narrowed in application Missouri could not deny public funds for abortions that were not necessary for the life of the woman and could not deny the use of public facilities or publ…
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Webster v. Reproductive Health Services Cont.
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The Court upheld the requirement for a test of "viability" after 20 weeks and a prohibition of an abortion of a viable fetus except to save a woman's life
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Planned Parenthood v. Casey, 1992
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Supreme Court upheld all of Pennsylvania's restrictions except spousal notification
Significance: Justice O'Connor established a new standard for constitutionally evaluating state restrictions: They must not impose an "undue burden" on women seeking abortions or place "substantial obstac…
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Stenberg v. Carhart, 2000
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Nebraskan laws prohibiting "partial-birth abortions" were unconstitutional and were considered an "undue burden" on a woman's right to choose whether or not to have an abortion
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Gonzales v. Carhart, 2007
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Supreme Courts decision upheld the federal ban and held that it did not impose an undue burden on the due process right of women to obtain an abortion
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Americans with Disabilities Act (ADA)
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1. Disabled cannot be denied employment or promotion if, with "reasonable accommodation," they can perform the duties of the job
2. The disabled cannot be denied access to government programs or benefits. New buses, taxis, and trains must be accessible to disabled persons, including thos…
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ADA Cont.
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3. The disabled must enjoy "full and equal" access to hotels, restaurants, stores, schools, parks and museums, auditoriums and the like." To achieve equal access, owners of existing facilities must alter them "to the maximum extent feasible"
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Texas Court System Structure: Trial Courts (lowest level)
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1. justices of the peace
2. municipal courts 3. county courts 4. district courts 5. special purpose courts such as probate, juvenile, domestic relations
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Texas Court System Structure: Appellate Courts
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14 intermediate courts
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Texas Court System Structure: Supreme Courts (2)
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1. civil courts (Supreme Court)
2. criminal cases (Court of Criminal Appeals)
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Methods of Judicial Selection
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1. Partisan Election
2. Nonpartisan Election 3. Appointment by Governor 4. Legislative Election 5. Appointment-Retention Plan
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Judicial "activism"
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the making of new laws through judicial interpretation of laws and constitutions
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Judicial "restraint"
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self-imposed limits on courts to defer to legislative intent or to previous court decisions
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liberal state supreme courts
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Hawaii, Rhode Island, Maryland, Massachusetts
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conservative state supreme courts
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Arizona, Mississippi, New Hampshire, Iowa, Texas
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United States v. Miller, 1939
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court considered the constitutionality of the federal National Firearms Act of 1934 which prohibited the transportation of sawed-off shotguns
decided that this had no "relationshp to the preservation or efficiency of a well-regulated militia" this impied that the right to bear arms refer…
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District of Columbia v. Heller, 2008
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landmark legal case in which the Supreme Court held that 2nd Amendment protects an individual's right to possess a firearm for private use
first Supreme Court case in US history to directly address whether the right to keep and bear arms is a right of individuals or a collective right th…
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Furman v. Georgia, 1972
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Supreme Court ruled that capital punishment as it was then imposed violated the 8th and 14th amendment prohibitions against cruel and unusual punishment and due process of law
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Current view of the death Penalty
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Supreme Court believes capital punishment itself is not cruel or unusual within the meaning of the 8th amendment
TX, VA, FL, and MO lead in number of executions In Gregs v. Georgia, 1976, Supreme Court upheld state laws that were carefully written to ensure fairness and due process in th…
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Highest Per Pupil Spending
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NJ, NY, CT, VT, MA
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Lowest Per Pupil Spending
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IN, MS, OK, AR, AZ, UT
Texas is 41st
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San Antonio School District v. Rodriguez, 1973
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Supreme Court ruled that disparities in financial resources between school districts in a state, and resulting in inequalities in educational spending per pupil across a state, do not violate the Equal Protection Clause of the 14th Amendment
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Edgewood v. Kirby
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ruled that the system of school finance in the state of texas was unconstitutional
property taxes were consolidated into county education districts, and each district collects property taxes to be used for school operations and distributed to the school districts in their jurisdiction on…
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Interpretations of "No Establishment" clause
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1. it does not prevent government from aiding religious schools or encouraging religious beliefs in the public schools, so long as it does not discriminate against any particular religion
2. it creates a "wall of separation" between church and state in America, preventing the government …
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Lemon v. Kurtzman, 1971: Lemon test
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Lemon test is a 3 part test for determining whether a particular state law constitutes 'establishment' of religion and thus violates the 1st amendment
To be constitutional, a law affecting religious activity: 1. must have a secular purpose 2. As its primary effect, must neither advance n…
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Popular Participation
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individuals can participate in politics in many ways; run for office, be active in parties & campaigns, make campaign contributions, wear buttons or bumper stickers, write or call a public official, belong to an organization, talk politics to others, be non-participants, & vote
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Sustained Participation
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voting consistently in election after election for state and local offices as well as congress and the president
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Help America Vote Act (HAVA)
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mandated that states reform their election systems
established the Federal Assistance Commission to aid states with election issues such as counting ballots and recounts
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National Voter Registration Act
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mandates that states offer people the opportunity to register when they apply for a driver's license or apply for welfare services
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Voting Accessibility
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...
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Voting Accessibility for the Elderly and Handicapped Act (VAEHA)
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states are responsible for ensuring that polling places for federal elections must be accessible to elderly voters and voters with disablities
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Direct Democracy
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citizens are allowed to participate in local politics by using 3 tools of direct democracy:
1. Recall - citizens can remove an elected official before his/her term is completed 2. Referendum - gives voters the final say about the disposition of some issue or proposal put on the ballot by…
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major provision 15th Amendment
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right of the citizens of the US to vote shall not be denied or abridged by the United States or any state on account of race, color, or previous condition of servitude
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major provision of 19th Amendment
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women's rights were constitutionally guaranteed
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major provision of 24th Amendment
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poll taxes became unconstitutional as a requirement for voting in national elections
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major provision of 26th Amendment
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allows 18-year-olds the right to vote
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Civil Rights Act 1964
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made it unlawful for registrars to apply unequal standards in the registration procedures or to reject applications because of immaterial errors
this was created to stop disenfranchisement of the blacks
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interest groups vs. political parties: differences
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interest groups seek to influence specific policies of government - not to achieve control over government as a whole
1. political parties concentrate on winning public office in elections and are somewhat less concerned with policy questions 2. interest groups give influential support t…
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interest groups vs. political parties cont.
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3. the basic function of political parties is to organize a majority of persons forthe purpose of governing. interest groups give political expression to the interests of minority groups
4. interest groups arise when individuals with a common interest decide that by banding together they…
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views of lobbying
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narrow view (general public view): lobbyists buy votes on issues from elected officials through wining and dining
complex view: lobbyists often play a critical role in providing elected officials with information that they could not possibly gather on their own
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functions and tactics of interest groups
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testifying at legislative committee hearings, contacting legislators directly, helping to draft legislation, bill monitoring, lobbying, schmoozing, media campaigns and public relations
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Pollsters
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take snapshots of voters by looking at their age, race/ethnicity, gender, education, income, religious affiliation, and ideology
main purpose is to see who identifies themselves with which political party
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Academics and Scholars
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analyze the links between voter attributes, party identification and voting patterns
primary goal is to determine if there have been any seismic shifts in the composition of political parties in the nation at large and in specific states and localities
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Party Activists & Professional Campaign Consultants
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focus more on trying to understand why one party's candidates won and another's lost
analyze and compare the effectiveness of state and local party organizations
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characteristics of the Responsible Party Model
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1. Develop & clarify alternative policy positions for the voters
2. Educate the people about the issues and simplify choices for them 3. Recruit candidates for public office who agreed with the parties' policy positions 4. Organize and direct their candidates campaigns to win office 5. H…
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Candidate Centered elections
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1. rise of primary elections - parties cannot control who the party's nominee shall be
2. decline of party identification - party loyalties have been declining over the years 3. more focus on the candidates, less on his or her party affiliation 4. influence of the mass media, particularl…
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Machine Politics
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tightly disciplined party organizations, held together and motivated by a desire for tangible benefits rather than by principle or ideology and ran by professional politicians
big in the early 1800s; got votes and controlled elections by trading off services and handing out petty favors…
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Decline of Machine Politics
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1. decline in European immigration
2. federal social welfare programs 3. rising levels of prosperity 4. spreading of middle-class values 5. new avenues of upward social moblity 6. structural reforms such as nonpartisanship 7. rise of self-financed candidates 8. emergence of TV as best wa…
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Richard J. Daley & Richard M. Daley
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Richard J. - last of big city bosses; when he died, so did machine politics
Richard M. (son) - won election by projecting image of reform rather than as a machine candidate
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Safe Democratic & Safe Republican states
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Safe Democratic - WA, OR, CA, MN, IL, NY, VT, MA, CT, ME, MD, DE, RI
Safe Republican - TX, NV, AZ, UT, ID, MT, WY, ND, SD, NE, KS, OK, AR, LA, MS, AL, GA, TN, KY, IN, WV, VA, NC, SC Competitive States - NM, CO, IA, MO, WI, MI, OH, PA, NH, NJ, FL
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sources of campaign funds
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candidate, friends, PACs
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formal qualifications for Texas legislators
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age, citizenship, state residency, district residency, qualified voter status
House member must be a US citizen, a registered voter, 21+ years, have state residence for 2 years & district residence for 1 year State Senator must be 26+ years, district resident for 1 year, state residence …
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informal qualifications for Texas legislators
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income, education, occupation, ethnicity, and gender
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arguments for & against term limits
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for: those who have held office for many years become isolated from the lives and concerns of the average citizens. limits would force them to live under the laws they have passed during their term in office
against: term limits would increase competition in electoral system by creating …
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typical governor background
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most have been songs of families of great wealth, majority have been lawyers, median age is 47, mostly white males, usually have considerable experience in public affairs
1/2 of all governors have previously served in the legislature
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gubernatorial elections
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competition usually strong, increasingly Republican-dominated
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Baker v. Carr, 1962
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there was a complaint of urban residents in Tennessee where the largest district in the lower house was 23 times larger than the smallest district
Supreme Court decided such inequalities in state apportionment laws dened voters "equal protection of the laws" guaranteed by 14th Amendment …
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Baker v. Carr cont.
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Supreme Court required that both houses be apportioned on basis of population
also required population equality in congressional districting by state legislatures
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Reynolds v. Sims, 1964
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before this case, disparities existed between state senates far greater than disparities in the U.S. Senate
Urban & suburban counties were often drastically underrepresented Supreme Court ruled that state legislature districts had to be roughly equal in population (this was based on the …
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impact of reapportionment revolution on state legislatures
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significantly increased representation afforded urban interests in state legislatures
brought younger, better-educated, more prestigiously-employed people into state legislatures also brought many inexperienced people into state legislative politics
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distinction between effects vs. intent test for racial discrimination in electoral arrangements
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intent test invalidates laws or practices only if it is designed to discriminate
effects test invalidates laws or practices that adversely affect racial minorities regardless of the original intent
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Thornburg v. Gingles
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Supreme Court interpreted the Voting Rights Amendments of 1982 to require state legislatures to draw election district boundary lines in a way that guarantees that minorities can elect minority representatives to governing bodies
burden of proof was shifted from minorities to show that t…
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Shaw v. Reno, 1993
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ruling was significant in the area of redistricting and racial gerrymandering
Court ruled that redistricting based on race must be held to a standard of strict scrutiny under the Equal Protection Clause while bodies doing redistricting must be conscious of race o the extent that they mus…
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Shaw v. Hunt, 1996
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Court confronted the threshold question of "standing" & held that some of the appellants lacked proper standing to challenge the redistricting plan
Only those voters who resided in a congressional districted alleged to have been created by racial gerrymandering had proper standing to cha…
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Shaw v. Hunt cont.
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The Court applied "strict scrutiny" to the fact that the district was unusually shaped and the claims that the districts were primarily designed to create black voting majorities
Court concluded that the redstricting plan indeed violated the 14th Amendment's Equal Protection Clause
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gerrymandering
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Study Guide: Final Exam