poly sci

the constitution limited presidential independence from congress, but uses clauses like "recommend measures to congress' attention from time to time" and "uphold the laws" that increase ______ about the power of the american presidency

debate on executive privilege

the framers of the constitution solved several problems surrounding the president's fair election by including _____ in elections to insulate the president from public pressure

electoral college

one of the most important formal powers of the president is his

veto power

the presidentially-appointed and nominated group of department and agency heads is known as the

cabinet

abraham lincoln is considered a ____ president, using the civil war as a reason to ______, in acts such as temporarily suspending the right to a prompt trial before a judge (habeas corpus)?

strong;interpret the constitution broadly

which amendment would be consulted if the president grew very ill and had to be succeeded?

25th

what is the main reason to have a vice president, under the constitution?

to succeed the president in case of death or incapacitation

why is the president considered as the face of government or focus of expectations?

the president is seen throughout the world as the american leader

the term describing how the public influences the president through its judgments on presidential performance is known as _____

presidential popularity

one of the most important resources of the president is his relationship with

the public

the state of the union address shifted from the constitutional requirement to update congress, to an opportunity for presidents to _____

outline and propose their legislative agenda

if constituency opinion and the president's proposals on an immigration bill conflicted, which way are members of congress most likely to vote?

with their constituency

although there is a national security council advising the president, the budget to implement decisions is decided by the _____

congress

when spiro agnew was forced to resign as vice-president in 1973 as the result of a scandal, it was under the _____ amendment that gerald ford become vice president in 1973, and later became president in 1974

25th

what power(s) gave the president the main responsibility for fashioning american foreign policy?

the power to receive and appoint ambassadors and to make treaties

what is the president's responsibility in shaping public opinion?

support for policy change comes from mobilizing public opinion

which of the following is at the heart of the presidency, and has become more important after the founding of the u.s.?

leadership

who leads the white house?

chief of staff

if the u.s. were to follow the articles of confederation today, which of the following would be true?

there would be no executive branch and the president would serve alone

which president and under what conflict advised the CIA and armed forces to ignore the geneva convention?

george w. bush; the war on terrorism

which of the following presidents presided over the most significant expansion of presidential functions and activities in american history?

franklin roosevelt

treaties negotiated and signed by the president require a two-thirds vote of approval from ___

the senate

according to public opinion polls, presidents seem to be most popular_____

when they first enter office

what are the two ways for one person to replace the existing president?

succession and election

although the role of vice presidents has been stronger in recent years, the actual role of the vice president changed with vice president _____ due to ______

dick cheney; the war on terrorism

laissez-faire

the political-economic doctrine that holds that government ought not interfere with the operations of the free market

original jurisdiction

the authority of a court to be the first to hear a particular kind of case

opinion

the explanation of the majoritys and the minoritys reasoning that accompanies a court decision

opinion of the court

the majority opinion that accompanies a supreme court decision

original intent

the doctrine that the courts must interpret the constitution in ways consistent with the intentions of the framers rather than in light of contemporary conditions and needs

petit (trial) juries

juries that hear evidence and sit in judgment on charges brought in civil or criminal cases

precedents

past rulings by courts which guide judicial reasoning in subsequent cases

plaintiff

one who brings suit in a court

remedy

an action that a court determines must be taken to rectify a wrong done by government

rule of four

an unwritten practice that requires at least 4 justices of the supreme court to agree that a case warrants review by the court before it will hear the case

strict construction

the doctrine that the provisions of the constitution have a clear meaning and that judges must stick closely to this meaning when rendering decisions

superprecedents

landmark rulings that have been reaffirmed by the court over the course of many years and whose reasoning has become part of the fabric of american law

separate but equal doctrine

the principle articulated in plessy v. ferguson that laws prescribing separate public facilities and services for nonwhite americans are permissible if the facilities and services are equal to those provided for whites.

standing

authority to bring legal action because one is directly affected by the issues at hand

senatorial courtesy

the tradition that a judicial nomination for a federal district court seat be approved by the senior senator of the presidents party from the state where a district court is located before the nominee is considered by the senate judiciary committee

stare decisis

the legal doctrine that says precedent should guide judicial decision making

test case

a case brought to force a ruling on the constitutionality of some law or executive action

writ of certiorari

an announcement that the supreme court will hear a case on appeal from a lower court; its issuance requires the vote of 4 of the 9 justices

how does the supreme court force government officials to do what it has mandated in a decision?

the court can only hope that respect for the law and the court will be enough to create compliance

which of the following is an example of a factor that plays a primary role in the selection of federal judges?

their adherence to the ideology of the president

the self-imposed limitation on judicial power by judges deferring to the policy judgments of elected branches of government is called _____

judicial self-restraint, or judicial review

the federal court system consists of three levels of courts: the supreme court, the courts of appeals, and the _____ courts

district

which of the following is the strongest argument in favor of a judiciary that is somewhat removed from the public?

justices who become too responsive to public opinion may ignore their role as neutral arbiters of the constitution

judicial review is the power of the courts to _____

invalidate a law or action that violates the constitution

federal district courts are not _____

courts of last resort

the u.s. circuit courts of appeals hear appeals regarding major issues from _____

federal district courts and administrative agencies

the principle of judicial review was first established expressly in writing in the supreme court decision of _____

marbury v. madison

which of the description below best characterizes the most significant concern over judicial activism?

that the justices can use their personal preferences to set policy

which of the following is responsible for hearing appeals from the district court?

circuit court

lower courts consistently comply with supreme court opinions because if they don't, they most certainly would cause _____

confusion, such as reversal on appeal or would be struck down, and controversy

which of the following is an example of a case that cannot be reviewed by the u.s. supreme court?

a state court decision based solely on state law and its original intent

who has the ultimate authority to interpret federal laws?

the supreme court

what best describes the supreme court's primary considerations?

interpreting the constitution, and affording due process to protect individual rights

the authority of a court to be the first to hear a particular kind of case is known as _____

original jurisdiction

the role of the courts in developing miranda rights and recognizing abortion rights illustrates the _____

importance of the courts as a pathway of societal change

which of the following most accurately describes the role of the supreme court?

the supreme court's decisions are final, as the court of last resort for appeals and it is responsible for interpreting national last

interest groups often participate in supreme court cases through the use of _____

amicus curiae briefs

the inferior court referred to in the constitution is _____

one operating underneath the jurisdiction of the supreme court

the _____ approves the presidential appointments

senate

which of the following describes the common standard for supreme court justices?

all have previously worked as lawyers

what is the most criticized aspect of judicial activism?

federal judges have a tendency to impose broad remedies on states and localities

participants in a lawsuit are called _____

litigants, defendants, or plaintiffs

partisanship is usually based on _____

conservative or liberal ideologies of the judge and former political ties

bill of attainder

a governmental decree that a person is guilty of a crime that carries the death penalty, rendered without benefit of a trial

capital crime

any crime for which death is a possible penalty

contract clause

the portion of article 1, section 10 of the constitution that prohibits states from passing any law impairing the obligations of contracts

civil liberties

freedoms found primarily in the bill of rights, the enjoyment of which are protected from government interference

due process clause

the section of the 14th amendment that prohibits states from depriving anyone of life, liberty, or property without due process of law, a guarantee against arbitrary or unfair government action

exclusionary rule

a standard promulgated by the supreme court that prevents police and prosecutors from using evidence against a defendant that was obtained in an illegal search

establishment clause

the part of the 1st amendment that prohibits congress from establishing an official religion; the basis for the doctrine of the separation of church and state

equal protection clause

the section of the 14th amendment which guarantees that everyone will be treated equally by government

ex post facto law

a law that retroactively declares some action illegal

economic liberty

the right to own and use property free from unreasonable government interference

full faith and credit

the provision in article IV, section 1 of the constitution which provides that states must respect the public acts, laws and judicial rulings of other states

free exercise clause

that portion of the 1st amendment that prohibits congress from impeding religious observance or impinging upon religious beliefs

habeas corpus

the legal doctrine that a person who is arrested must have a timely hearing before a judge

incorporation

the process by which the supreme court has made most of the provisions of the bill of rights binding on the states; see nationalization

nationalizing

the process by which provisions of the bill of rights become incorporated; see incorporation

ordinary scrutiny

the assumption that the actions of elected bodies and officials are legal under the constitution

obscenity

the representation of sexually explicit material in a manner that violates community standards and is without redeeming social importance or value

probable cause

legal doctrine that refers to a reasonable belief that a crime has been committed

privileges and immunities clause

the portion of article IV, section 2 of the constitution that says that citizens from out of state have the same legal rights as local citizens in any state

prior restraint

the governments power to prevent publication, as opposed to punishment afterward

strict scrutiny

the assumption that actions by elected bodies or officials violate constitutional rights

selective incorporation

the gradual and piecemeal spread of the protections of the bill of rights to the states by the u.s. supreme court.

in order to be legal, a search warrant must specify _____

the area to be searched and what police are searching for

in mapp v. ohio, the supreme court developed which rule preventing police and prosecutor from using evidence gained through warrantless and unreasonable searches to convict people?

the exclusionary rule

in u.s. cases involving the rule of clear and present danger, the burden of proof rests with the _____

government

the principle established by the supreme court, holding that evidence gathered illegally cannot be introduced into trial, is known as _____

the exclusionary rule

the landmark abortion decision of roe v. wade was based on _____

an earlier decision concerning the right to privacy

one of the oldest and most revered rights in english common law, which ensures the right to a timely hearing, is the _____

writ of habeas corpus

an example of probably cause might be _____

a police officer noticing the smell of marijuana and seeing a plastic bad of it in a car that was stopped for a traffic violation

protection against self-incrimination is a provision of the _____

5th amendment

the supreme court uses the "lemon test" (from the case of lemon v. kurstzman) to determine the constitutionality of which type of law?

laws that define the separation between church and state

the supreme court has considered the constitutional right to keep and bear arms _____

both a collective right and an individual right to self-defense

individual rights and liberties that government is obligated to protect are _____

civil liberties

which of the following conditions is true about the PATRIOT act?

the act allows for phone wiretaps without a warrant

an act of censorship in which the government silences speech before it is even spoken is known as _____

prior restraint

citizens cannot be convicted more than once of the same crime; this is covered in the _____

5th amendment (double jeopardy)

when government attempts to deprive a citizen of certain rights, the citizen must be allowed "due process," which means that _____

established procedures and laws must be followed

an ex post facto law is one that _____

makes an act illegal, retroactively

the supreme court case ny times v. sullivan established the free speech standard to include all but _____

protection of newspapers

the two clauses in the constitution that concern religion are the _____

establishment clause and the free exercise clause

near v. minnesota was a landmark first amendment decision affirming the _____

no prior-restraint doctrine

the pentagon papers dealt with _____

a documented history of united states involvement in the vietnam war that the government wanted kept secret

to the authors of the declaration of independence individual liberty was _____

fundamental to the democratic process

what are civil liberties as defined by the american government?

freedoms found primarily in the bill of rights that protect people from government interference

in miller v. california what is the LAPS test used for?

to determine if something is legally obscene

in miller v. california, an obscenity case, the supreme court ruled that _____

three conditions provide the guideline for what constitutes pornography

regarding reporters protecting their sources, the supreme court has ruled _____

that it does not fall under the freedom of the press umbrella

affirmative action

programs of private and public institutions favoring minorities and women in hiring and contracting, and in admissions to colleges and universities, in an attempt to compensate for past discrimination or to create more diversity

civil union

a legal status in which same-sex couples have the same rights, benefits, and protections as married couples

civil rights

guarantees of equal treatment by government officials regarding political rights, the judicial system, and public programs

de jure discrimination

unequal treatment based on government laws and regulations

de facto discrimination

unequal treatment by private individuals, groups, and organizations

equal protection clause

the section of the 14th amendment requiring states to provide equal treatment to all people within their boundaries

grandfather clause

a device that allowed whites who had failed the literacy test to vote anyway by extending the franchise to anyone whose ancestors had voted prior to 1867

intermediate scrutiny

a legal test falling between ordinary and strict scrutiny relevant to issues of gender; under this test, the supreme court will allow gender classifications in laws if they are substantially related to an important government objective

jim crow

popular term for the system of state-sanction racial segregation that existed in the american south until the middle of the 20th century

literacy test

a device used by the southern states to prevent african americans from voting before the passage of the voting rights act of 1965, which banned its use; usually involved interpretation of a section of a states constitution

poll tax

a tax to be paid as a condition of voting; used in the south to keep african americans away from the polls

privileges and immunities clause

the portion of article IV, section 2 of the constitution which states which citizens from out of state have the same legal rights as local citizens in any state; also in the 14th amendment assuring national citizenship

suspect classification

the invidious, arbitrary, or irrational designation of a group for special treatment by government, whether positive or negative; historically, a discriminated against, visible minority without the power to protect itself

white primaries

primary elections open only to whites in the one-party south where the only elections that mattered were the democratic partys primaries; this effectively disenfranchised blacks

concern about civil rights protections for women and racial minorities _____

was a comparatively late development in the u.s., and most major advances were not evident until well into the twentieth century

according to the supreme court, classifications based on race are to be subject to _____

strict scrutiny

de facto discrimination is _____

unequal treatment by private individuals, groups, and organizations

intermediate scrutiny _____

requires that a law be substantially related to an important objective

the jim crow system in the south led to a rigid social code that included which of the following?

blacks were expected to address whites with "ma'am" or "sir

which of the following established separate hotel accommodations for whites and black in the south?

jim crow laws?

opponents of policies such as quotas and preferential treatment use what term to describe these remedies to past discrimination?

reverse discrimination

established by the civil rights act of 1964, the agency responsible for monitoring affirmative action programs in private employment is the _____

equal employment opportunity commission

when it comes to classifications for making decisions about policies or programs, which of the following is considered a "suspect category?

ethnicity

initially, the strategy for the national association for the advancement of colored people (NAACP) focused on the _____

legal actions to achieve more equality in relation to the separate-but-equal doctrine

in the 1990s, supreme court decisions regarding affirmative action _____

narrowed its application

what was the purpose of the equal rights amendment (ERA), which was not passed?

to provide full protection against gender discrimination

which of the following best describes the accessibility of colleges and universities to students with disabilities?

many educational institutions have not made their facilities fully accessible to those with disabilities

which was the one political institution most responsible for putting civil rights goals on the nation's policy agenda?

the courts

when the supreme court upheld a state law requiring police officers to retire, it meant that _____

the supreme court would place age in the non-suspect classification category

politically active white women were stung by their exclusion from _____ extension of the right to vote

the 15th amendment's

the 13th amendment makes it unconstitutional to _____

own slaves anywhere in the u.s.

which of the following implemented the separate but equal doctrine?

plessy v. ferguson

the declaration of sentiments and resolutions of the seneca falls convention on women's rights stated that "all men and women are created equal" and was patterned after _____

the declaration of independence

which of the following questions is most relevant in establishing civil-rights laws and policies?

how much should government do to make up for the nation's history of discrimination and its continuing effects?

the "glass ceiling" in major corporations in america refers to the fact that _____

relatively few women are in senior management posts

in 1944, the supreme court finally declared that _____ was a suspect classification that demanded strict scrutiny

race

the jim crow laws that were used in the south to impose segregation of public accommodations were outlawed by the _____

civil rights act of 1964

the equal protection clause in the _____ declares that no state can "deny to any person within its jurisdiction the equal protection of the laws

14th amendment

an attempt to integrate schools and subsequent interest in school vouchers and charter schools is a result of

trying to improve educational outcomes for underprivileged students

consciousness-raising groups

meetings of small groups of women designed to raise awareness of discrimination against women and to encourage involvement in movement activities

civil disobedience

intentionally breaking a law and accepting the consequences as a way to publicize the unjustness of the law

equal rights amendment (ERA)

proposed amendment to the u.s. constitution stating that equality of rights shall not be abridged or denied on account of a persons gender; it failed to win the approval of the necessary number of states

great depression

the period of economic crisis in the u.s. that lasted from the stock market crash of 1929 to americas entry into WWII

integration

policies encouraging the interaction between different races in schools or public facilities

mass mobilization

the process of involving large numbers of people in a social movement

political efficacy

the sense that an individual can affect what government does

secularization

the spread of nonreligous values and outlooks

suspect classification

the invidious, arbitrary, or irrational designation of a group for special treatment by government, whether positive or negative; historically, a discriminated against, visible minority without the power to protect itself

social movement

the loosely organized group that uses unconventional and often disruptive tactics to have their grievances heard by the public, the news media, and government leaders

sit-down strike

a form of labor action in which workers stop production but do not leave their job site

because of their large followings and access to modern-day media, televangelists like jerry falwell and pat robertson became natural leaders of the _____ movement

religious conservatives

the most noted "contentious politics" tactic used by the tea party movement in 2009 was _____

taking over democratic town-hall meetings to denounce the affordable care act

the passage in the house of a 2006 bill that made being an illegal immigrant a felony served as a catalyst for the _____ movement

undocumented immigrants

the undocumented immigrants movement can be considered a low-impact movement because _____

it was unable to get legislation passed that allowed a pathway to citizenship for its members

the tea party movement sees itself as fighting against

a high-taxing, too-active government

the religious conservative movement is best known for spellbinding speakers and _____

extensive use of media outlets

why was the woolworth's lunch counter sit-in by 4 black students in greensboro, north carolina in 1960 such an effective use of nonviolent civil disobedience?

it ignited other such demonstrations involving thousands of people across the south

witnessing a large number of people demonstrating for a cause that you value is likely to make you more inclined to _____

devote time and effort to the movement

the main focus of the environmental movement's activities has been _____

lobbying and legal challenges to anti-environmental practices

the increasing number of gay and lesbian actors and characters in movies and television programs buttresses the power of the gay and lesbian movement because _____

more americans are becoming tolerant toward alternative lifestyles and see these characters as acceptable people

the 1960 sit-in at a segregated lunch counter in greensboro, north carolina, is an example of what kind of protest tactic?

civil disobedience

by overwhelming majorities, members of the tea party movement believe that government should be ______

smaller

a form of labor action in which workers stop production but do not leave their job site is a _____

sit-down strike

even though the seneca falls declaration was one of the most eloquent statements on women's equality, why did most women of that time believe that its goals would have to wait?

it as more important to focus efforts on ending slavery than on women's rights

the _____ movement grew out of an earlier women's rights movement

women's suffrage

the women's movement was able to build on a broad network of meetings to talk about common problems, commonly known as _____

consciousness-raising groups

interest in the environmental movement has increased in recent years because of growing concern about the effects of _____

climate change

although the grievances of american labor had been present for a long time, the labor movement did not become a major force until _____

great leaders such as walter reuther and john l. lewis emerged

which caused distress that spurred the populist movement in the late 19th century?

concentration of power in railroads and banks that controlled farmers' livelihoods

the occupy movement's division of americans into the "99 percent" and the "1 percent" helped to illustrate the idea that _____

most economic gains flow to the richest 1 percent of americans

the civil rights movement was able to take advantage of _____ to mobilize mass support for its goals in the 1960s

televised newscasts that showed the dramatic footage of demonstrations

in a time of economic recession, the most probable reason the antiglobalization movement would have difficulty gaining support is because _____

people are more concerned with environmental and economic survival rather than fairness

which of these movements has reappeared periodically throughout the history of the u.s. ?

religious conservatives movement

citizens usually have a strong sense of political efficacy in a ____ political system

decentralized

socially and economically radical movements that do not win popular support and instead arouse the hostility of political leaders may be categorized as _____ social movements

repressed