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50 Cards in this Set
- Front
- Back
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Three-Tiered Court System
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Trial, Appellate, Supreme
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Morse vs. Frederick Case
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Freedom of Speech -
Student displayed banner "BONG Hits 4 Jesus" |
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Precedent
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Prior decisions whose principles are used by judges as bases for their decisions in present cases
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Jurisdiction
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The sphere of a court's power and authority
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Due Process of the Law
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Right of every citizen against arbitrary action by National State Governments
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Writ of Habeas Corpus
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Court order that individual in custody be brought into court and shown the cause for detention
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How does a case reach the Supreme Court?
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1. Federal Agencies 2. District Courts 3. US Court of Appeals 4. Discretionary Review 5. Supreme Court
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Original Jurisdiction
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Authority to initially consider a case
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Appellate Jurisdiction
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The authority to hear the appeals from a lower court's decision
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Percentage of cases the U.S. Supreme Court considers from the lower courts
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Approximately 15%
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Senatorial Courtesy
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Practice where the President, prior to federal judge nominations, seeks support from candidate's own state
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Judicial Review
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Power of courts to rule on the constitutionality of actions of legislative and executive branches or state
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Marbury vs. Madison
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Supreme Court asserted Judicial Review.
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Article of Constitution establishing Supremacy Clause
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Article VI
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Loving vs. Virginia
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In 1967, the Court invalidated a Virginia statute prohibiting interracial marriages
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Miranda vs. Arizona
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1966, Supreme Court ruled that arrested people must be informed of rights prior to police interrogation
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Role of the Solicitor General
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Third-Ranking official in the Justice Department, but is top government lawyer in virtually all cases before the Supreme Court
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Role of Law Clerks
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Each Supreme Court Justice is assigned 4 clerks. Clerks are usually honors graduates of nation's most prestigious law schools
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Judicial Restraint (Strict Constructionists)
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Refusing to go beyond the clear words of the Constitution in interpreting its meaning
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Judicial Activism
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Belief that the Court should go beyond the words of the Constitution to consider the broader societal implications of its decisions
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Civil Law
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Systen of jurisprudence, including private law and governmental actions, to settle disputes that do not involve criminal penalties
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Griswold vs. Connecticut
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Court invalidated a Connecticut statute prohibiting the general distribution of contraceptives to married couples on the basis that the statute violated the couples' right to marital privacy
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Public Policy
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A purpose on goal expressed by the government backed by a sanction
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Subsidies
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Simple government grants of cash or other valuable commodities
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Promotional Policy
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Promotion of private activities through what recipients consider "benefits"
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Regulatory Policy
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Heavy fines or imprisonment, loss of citizenship
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Redistributive Policy
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Altering the redistribution of money by changing taxes or tax rules
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Monetary Policy
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Allows government to regulate the economy through manipulation of the supply of money or credit
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Contributory Systems
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Social programs financed in whole or part by taxation or other contributions (social security)
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Non-contributory Systems
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Social programs that provide assistance to people based on demonstrated need rather than contribution they made (Medicaid, food stamps)
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Social Policy spending benefits middle class more than the poor. Why?
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Medical care and pensions for elderly help the middle class by relieving them from the burden of caring for elderly relatives
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Elderly Benefits
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Social Security and Medicare
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TAx Expenditures (for middle class)
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Medicaid
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Support for spending on the poor increasing or decreasing?
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Decreasing
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Why was America's welfare state initially constructed?
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Because of the Great Depression
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Aid to Families to Needy Families (AFDC)
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Provided federal funds for children living with parents who fell below state standards of need
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When was AFDC abolished?
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1996
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What is TANF?
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Temporary Assistance to Needy Families
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Isolationism
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Desire to avoid involvement in the affairs of other nations
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Cold War
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Period of hostilities, but no direct war between US and former Soviet Union (late 40s and about 1990)
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Nation-State
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Countries with governments and fixed borders who also share a common political authority recognized by sovereignties
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NAFTA
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North American Free Trade Agreement
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Bush Doctrine
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Bush agued that "our security will require all Americans to be ready for preemptive action when necessary to defend ourselves
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Executive Agreement
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Requires only a simple majority vote in both houses of Congress for approval
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Treaty
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Requires only Senates advice and content
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United Nations' Purpose
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To be a channel for negotiation and a means of settling inter nation disputes peaceably.
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When was the United Nations established?
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1945
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Deterrence
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Development and maintenance of military strength as a means of discouraging attack
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Containment
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Policy used by the US during the Cold War to restrict the execution of communism and limit the influence of the Soviet Union
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Institution that largely shapes foreign policy
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Presidency
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