Judicial Branch
Opinion that comes to the same decision as the majority opinion, but for different reasons.
Concurrent Opinion
The process in which the federal bureaucracy makes rules that have the force of law, in order to carry out the laws passed by Congress.
regulation
What is the difference between libel and slander?
Libel is written, slander is verbal
What was the main goal of the first wave of the women's rights movement?
Right to vote
What did the 13th Amendment do?
Ended slavery
The authority of a court to hear a case first - which includes finding the facts of the case.
Original Jurisdiction
What is the federal civil service?
The merit-based bureaucracy of the federal government. Does not include the military or political appointments at the top of the bureaucracy.
What is the exclusionary rule?
Evidence obtained unlawfully (for example, by violating 4th Amendment rights) cannot be used against you.
Guarantees people with disabilities are not discriminated against in employment, buying and selling goods, and participation in government programs.
Americans with Disabilities Act (ADA)
What rights does the 4th Amendment protect?
Protection from "unreasonable searches and seizures."
What is the difference between judicial activism and judicial restraint?
Restraint - justices should be careful in overturning laws, restraining their influence
Activism - justices should boldly wield the power of judicial review, sometimes making new policies in the process
How is the merit system different from the patronage system?
Merit system is based on qualifications, while the patronage system is based on rewarding political loyalty.
Process by which some rights protected in the Bill of Rights are applied to the states, using the 14th Amendment.
selective incorporation
SCOTUS decision that determined that "separate but equal" was not actually equal.
Brown v. Board of Education
What are some rights protected by the 5th Amendment?
Must be indicted by a grand jury to be prosecuted for a crime
Protection from double jeopardy
Protection from self incrimination
What is one way that the president can check the Supreme Court's power?
Appoint judges
Supreme Court cannot actually enforce decisions
What is one check that Congress has on the bureaucracy?
Legislation sets policy.
Congress funds the bureaucracy.
Congress provides oversight.
Clause in the 14th Amendment that restricts state governments from denying citizens their life, liberty, and property without legal safeguards.
Due process clause
Intentional refusal to obey a law to call attention to injustice.
Civil Disobedience
What are some limits on freedom of speech?
Clear and present danger
Libel and slander
Obscenity
School speech, when it interferes with the learning environment
Why does Federalist 78 call the judicial branch the "Least Dangerous Branch" to liberty?
No power of purse or sword
What is the "iron triangle" relationship between Interest Groups and the Bureaucracy?
Interest groups lobby on behalf of the regulatory agency, and bureaucrats provide favorably oversight.
Constitutional right that protects citizens from being imprisoned for no reason.
Habeas Corpus
Clause of the 14th Amendment that has been used to protect Americans from discrimination based on race, national origin, religion, gender, and other characteristics.
Equal protection clause
Name at least two amendments that have been used to justify a right to privacy.
1st, 3rd, 4th, 9th
According to Federalist 78, what helps keep the judicial branch independent?
Appointment for life, pending good behavior
Interest groups provide campaign support, and Congress provides desired legislation and reduced oversight.
What is the difference between the establishment clause and the free exercise clause, when it comes to religious freedom.
Establishment clause - government cannot establish an official religion
Free exercise clause - citizens can freely practice their religion
What is the difference between de jure and de facto segregation?
De jure is enforced by law
De facto is the reality, regardless of what the law says
What are some rights protected by the Sixth Amendment?
Trial by impartial jury
Right to an attorney