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