Glossary of POL 106 US GOVT
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- Characteristics of Articles of Confederation
- "league of friendship"
gave too much power to the states, and not enough to the nat'l gov't; reflecting experience under a king
- Failure of Articles of Confederation
- People felt the weren't American, but from whatever state they were from, ie Virginian or Kentuckian
No nat'l army could be made without funds
Gave congress the right to ask for anything, but the states the right to give nothing
- Shay's Rebellion
farmer losing money to merchants
farmers blocked doors to courthouses and even went to the Springfield arsenal to take weapons; they were defeated by the militia, but won in the next election giving them "relief from the law"
- Basic Agreements at Constitutional Convention
- Republic - "indirect democracy"
National Gov't to be stronger than under Articles of Confederation, but still limited through checks -- 3 separate branches (legislative, executive, judicial)
- Issues of Representation
- Some states were smaller than others, so if nat'l representation was by population then they wouldn't be as well represented, however, bigger states having larger populations also wanted to get their voice with more people in
- The New Jersey Plan
- introduced by William Patterson
one house - each state with one vote
(same as under Articles)
- Virginia Plan
- two houses - each by population
- The Great Compromise
- what we have now
two houses - one by population and one by 2 from each state
- The 3/5 Compromise
- The south wanted the blacks to count in their population so that they could get more representation in the House of Representatives, even though the blacks wouldn't be voting.
Finally, it was decided that 3/5 of the blacks could count toward their population
- Social Contract Theory
- The division of power
- Sep of Powers and checks and balances
- all 3 branches (executive, legislative, adn judicial) are checked by the other 2 branches so that one cannot over power the others
- Federalist v AntiFederalists
- people for division of powers v people who were against the division of powers. anti-federalists wanted a bill of rights and untrusting of a central gov't far away
- Bill of Rights
- The First 10 amendments to the US constitution
- The Federalist Papers
- written by Alexander Hamilton, James Madison, and John Jay
anonymous letters in NY newspapers about ratifying the Constitution
p38, tan box
- Bills of Attainder
- legislative acts rather than judicial trials pronouncing specific persons guilty of crimes.
- due process clause
- pure speech-plus conduct-symbolic speech
- the 3 types of speech
flag burning case
p424 reviews the Freedom of Speech
- "witch hunts"
glossary definition: methods of combatting communism characterized by irresponsible accusations made on the basis of little or no evidence; named after Senator Joseph McCarthy of Wisconsin who used such tactics in the 1950s.
- The Smith Act
- Public Forum
- Individuals have the right to use public places, such as streets, sidewalks, and parks, to express their views on public issues
- Freedom of the Press and Right to Privacy
- the core of this is that there is no prior restraint, or censorship
"persons who become newsworthy are permitted little privacy"
- prior restraint
- consists of printed or broadcast statements that are false and that tarnish someone's reputation
- New York Times v Sullivan
- court ruled in favor of a police commisioner over some "trivial inaccuracies" in an article and the NY Times had to pay half a million dollars.
- The Establishment Clause
- The gov't cannot officially support a particular religion
- The Good Faith Clause
- for when police do not have a warrant, but have good reason to go into something...?
- unreasonable search and seizure
- 4th ammendment
includes arrests and obviously searches, there are some exceptions p442-443
- Balancing the gov't's need for evidence v the right to privacy
- Miranda v Arizona
- A man didn't know that he had the rights to silence and an attourney... so now we have Miranda rights:
You have the right to remain silent
If you talk, anything you say can be used against you.
You have the right to be represented by an attorney
If you cannot afford an attorney, one will be appointed for you.
- The Gideon Case
- old man stole from a bar, went to jail, was told he could not have a lawyer...
outcome: state courts must provide an attorney to indigent defendants in felony and misdemeanor cases
- Supreme Court and Capital Punishment
- Plea Bargaining
- The Right to Die
- The Ruling in the Dred Scott case
- read page 463 for good details, but the judge said that blacks were "so far inferior that they had no rights which the white man was bound to respect".
- black codes
- restricted blacks from many civil rights
- Plessy v Ferguson
- Plessy, a black man, sat in a white car and was asked to move. he lost the case, backed by the SERPERATE BUT EQUAL doctrine, allowing seperate facilities as long as they were equal (however, they rarely ever were)
- Brown v Board of Education
- the court ruled unanimously that school segregation violated the 14th ammendment's equal protection clause
- southern states and evasion of brown decision
- eisenhower did not support the ruling for 3 years, when he finally sent in federal troops and then kennedy used federal marshals and paratroopers when the governors of Mississippi and Alabama blocked the doors to their state universities
- residential patterns and de facto segregation
- referring to situations involving blacks
there were many "unspoken rules" that weren't actually laws, but were followed by the public
- tactics of Dr. MLK
- no violence. violence would bring out the worst in people. he used demonstrations and marches.
- civil rights act of 1964
- prohibits discrimination on the basis of race, color, religion, or national origin in public accomadations.
- steering and redlining
- steering - showing blacks houses only in black neighborhoods and whites in white neighborhoods
redlining - refusing to lend money to those who wanted to buy a house in a racially changing neighborhood.
- education and inequality
- many whites moving to the suburbs
progress since the brown v board case could be going backwards
- fastest growing minority in US
- the gov't's various policies toward native americans
- has varied over the years
initially it was SEPERATION
then ASSIMILATION AND CITIZENSHIP
then TRIBAL RESTORATION
- early feminists and slavery
- lots of info
- failure of ERA
Equal Rights Amendment
- "Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex."
THIS DID NOT PASS
- 1974 Equal Credit Opportunity Act
- women did not have any credit rights
this act requires that lenders to put accounts in the names of both spouses if they request and restricts lenders from asking women whether they intend to bear children.
- Reagan and ERA
- Dilemma Raised by Affirmative Action
- quid-pro-quo harassment
- sexual harassment and the court rulings
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