chapter 9, pols 207
Political Science 207 with Dixon at Texas A&M University
About this deck
By: Paige Folk
Textbook:
Government and Politics of Texas
Politics in States and Communities (12th Edition)
Created: 2011-05-07
Size: 84 flashcards
Views: 207
Textbook:
Government and Politics of Texas Politics in States and Communities (12th Edition)Created: 2011-05-07
Size: 84 flashcards
Views: 207
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courts are considered political institutes because?
-they resolve conflicts in society
-they make political policy
-they help enforce laws made by congress
T/F: most people believe that the courts have too much power?
FALSE, they have the right ammount
T/F: according to the book, most people believe that the courts are too liberal in their decisions
FALSE, they are about right
T/F: most people thinmk that there should be a mandatory retirement age for US supreme court justices.
TRUE
T/F: most people feel that the us supreme court has too much power
FALSE, just the right ammount
what are some important policyy decisions made by the courts rather than the executive or legislative bodies?
-abortion
-eliminating racial segregation
-ensuring the separation of church and state.
what are some examples of distinguishing the court's decision making process from the decisions of the other two branches?
-legal procedures in written forms
-special rules of access from two different parties
-setting precedents for cases so that future cases will be ruled in the same manner
COMMON LAW
is the law created through the decisions of judges
STATUTORY LAW
is created by the legislature
________ law takes precedence over _______ law.
statutory, common
______ law covers both cirminal and civil cases
common
the state court's excerccise of authority to interpret their own constitutions to guarantee protections to individual rights beyond those protested by the US constifution is called what?
judicial federalism
T/F: many states constitutions contain certain rights that are not founded in the US constitution therefore allowing the state courts the ability to hear trials that involve violation of individual rights not listed in the nation's constitution.
TRUE
T/F: citizens have more freedoms provided in state constitutions than in the US constitution
TRUE
T/F: the texas constitutions grants equalities under the law to all citizens regardless of "sex, race, color, creed or national origin." the US constitution also contains this statement.
FALSE, this was included in the failed equal rights amendment
T/F: the national bill of rights was incorporated into the 14th amendment by the process of ratification of the amendment by the states.
FALSE, it was done by a series of court decisions guaranteeing liberties guaranteed against state actions by the due process clause.
barnes v. glen theatre, inc.
massachusetts supreme court ruled that nude dancing is a protected form of free expression. US supreme court ruled it is not protected in the first amendment
san antonio isd v. rodriguez
the US supreme court said that the constifution did not include a right to equal education funding across school districs
harris v. mcrae
US supreme court ruled that there was no requirement that the states fund abortions
bowers v. hardwick
US supreme court upheld georgia's sodomy statue
webster v. reproduction health services
US supreme court upheld a missouri law that imposed restriction on the use of state funds, facilities and employees in performing, assisting with or counseling on abortions.
the terri schiavo case involved all three branches of government at both the state and federal government. this case illustrates the interaction of lower state courts, the governeor, federal district and appeals courts and the US supreme court. the court case involved what?
the right to die
in 1996, the congress passed a defense of marriage act. this provision was designed to circumvent the
full faith and credit clause
T/F: in 2003, the US supreme court held that homosexuals "right to liverty under the due process clause gives them the full right to engage in private conduct without government interference." this ruling made same sex marriage legal in all the states.
FALSE
in re marriage case was a california supreme court case that ruled?
-statutes that treat person differently b/c of sexual orientation should be subjected to strict scrutiny
-the california initiaitive limiting marriage to opposite sex couples violate the state constitutional rights of same sex couples
-the california initiative could not be used to preclude same sex couples from marrying
loving v. virginia
the supreme court overtuned pace v. alabama an dended all "race-based legal restrictions" on marriage in the US.
varnum v. brein
the iowa supreme court held that the iowa state limiting vivil marriage to a union between a man and a woman violate the equal protection clause of the iowa constitution
lewis and winslow v. harris
the new jersey supreme court said that gay couples have the rights of married people but they do not have a basic right to get married.
goodridge v. department of puplic health
massachusetts's supreme court said that civil marraige can't be limited to diffrent sex couples.
T/F: new jersey recognizes same sex marriages
FALSE, massachusetts does
T/F: california, conneticut, hawaii, maine, new jersey and vermont recognize civil unions and domestic parnerships
TRUE
T/F: texas prohibits same sex marriages by its state constitution
TRUE
T/F: the historical context of the 14th amendment was to set up for the original purpose of achieving the full measure of citizenship and equality for african americans.
TRUE
after reconstruction was abandoned in 1877, the 14th amendment became known as _______.
separate but equal
in 1896, the ___________ case set the precedent for the separate but equal clause as long as facilities were equal for all races.
plessy v. ferguson
in 1954, ______________ case ended legal discrimination.
brown v. board of education
T/F: most southern states prior to 1954 required segregation laws.
TRUE
T/F: texas was a sourthern state that opposed segregation laws before 1954
FALSE, it allowed it.
what were some tactics states used to circumvent the brown v. board decision?
-schools faced with desegregation orders were closed.
-pupil-placement laws.
-state payment of private school tuition in lieu of providing public schools.
T/F: under roe v. wade, the state could prohibit or regulate abortions during the final three months of pregnancy
TRUE
what were tactics by the state or federal government that have been used to limit the impact of roe v. wade?
-congress banned the use of federal funds under medicaid for abortions
-states passed laws to restric abortions
-states have refused to use tax money to pay for them
the supreme court recognized the state's interest in the protection of human life when viability is possible in what court decision?
webster v. reproductive health services
the supreme court esablished a new standard for constitutionally evaluating state restrictions. the states cannot impose an "undue burden" on women seeking abortion.
planned parenthood v. casey
this case upheld the federal ban and on partial-birth abortions and said that it did not impose an undue burden on the due process right of women to obtain an abortion.
gonzales v. carhart
the core provisions of the americans with disabilities act (ADA) include what?
-diabled can't be denied employment or promotions if they can perform the duties of the job.
-disabled must be able to enjoy full and equal access to schools, parks, museums, and other public places
-disables can't be denied access to government programs or beefits.
T/F: one of the major criticisms of the ADA is that many frivolous lawsuits are being brought against businesses and are being driven by lawyer's fees.
TRUE
T/F: women have special protections in state laws that limit opportunities for advancement and encourage dependence on men
TRUE
T/F: under the civil rights act of 1964, sexual discrimination in hiring, pay, and promotions is prohibited.
TRUE
sexual harrasment exists when three conditons are met:
-submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment
-submission to or rejection of such conduct by an individual is used as the basis for employment decision affecting such an individual
-such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working enviornment.
this court handles the major civil or criminal cases arising out of statues or common law:-
distric courts
this court handles traffic cases and small claims cases:
justice of the peace or magistrates
these courts handle cases that are on appeal from major trail courts:
state supreme courts
examples of trial courts in texas:
-municipal court
-county courts
-special purpose courts such as probate, juvenile, domestic.
T/F: texas has two supreme courts: supreme cour and the court of criminal appeals.
TRUE
out of the five types of judicial selection of judges, texas uses the ________ method.
partisan election
T/F: few incumbent judges are ever defeated in running for election.
TRUE
what alternate way to remove judges is almost never used?
recall procedure
T/F: it can be expected that a state supreme court that overturns a death penalty risks offending many voters because most of the voters are against the death penalty.
FALSE, most voters are for the death penalty
the selection of a judge by partisan election has the ______ effect on independence and the _______ effect on responsiveness.
weak, strong
the selection of a judge by nonpartisan election has the ______ effect on competence and the _____ effect on responsiveness.
mixed-weak, strong
T/F: texas is the only state in the US to have straight ticket voting for judges.
FALSE, texas is one of 14
T/F: minority represented judges are more likely to get picked from straight ticket voting than normal voting methods.
FALSE, less likely to get picked.
T/F: the largest proportion of state supreme court decision making involves criminal appeals.
FALSE, involves economic intrests.
judicial ________ is self-imposed limits on courts to defer to legislative intent or previous court decisions and judicial ______ is the making of new laws through judicial interpretation of laws and constitutions.
restraint, activism
T/F: texas supreme court is considered to be one of the most conservative courts in the US.
TRUE
T/F: hawaii, rhode island, maryland and new york are the most liberal state supreme courts in the US
FALSE, massachusetts instead of new york
furman v. georgia
the supreme court ruled that capital punishment as it was then imposed (1972) violated the 8th and 14th amendment prohibitions against cruel and unusual punishment and ude process of law.
district of columbia v. heller
the supreme court held that the 2nd amendment protects an individual's right to possess a firearm for private use.
gregs v. georgia
the supreme court upheld state laws that were carefully written to ensure fairness and due process in the application of the death penalty.
united states v. miller
the supreme court considered the constitutionality of the federal national arms act of 1934.
T/F: the death penalty is considered cruel and unusual punishment and is unvonstitutional when ordered for the mentally handicapped or a juvenile.
TRUE
T/F: texas is the leading state in both sentencing people to death and the number of prisoners executed
TRUE
T/F: the national average for per pupil expenditure is $6000. this expenditure is dependant upon economic resources.
FALSE, $8,800
________ranks the highest in per pupil spending while _______ ranks the lowest for per pupil spending
new jersey, utah
which source of revenue pays the largest percentage for public education?
state
there are inequalities in community income and wealth that affects per pupil expenditure within a state. these inequalities are based upon:
the property taxes of the community
in which supreme court case did the court rule that disparities in financial resources between school districs in a state an dresulting inequalities in educational spending across the state do not violate the equal protection clause of the 14th amendment?
san antonio school district v. rodriguez
T/F: texas was the first state supreme court case that ordered state funds to be equalized.
FALSE, california
as a result of the complaints against the "robin hood plan" in the funding of texas state schools, the texas legislature, in 2006, adopted this plan in order to limit the legal challenges of the post-robin hood financing arrangements?
-reducing and capped local property tax rates
-increased the state's share of public school funding
-re-designed the business franchise tax to pay for increased state funding.
the 1st amendment guarantees two regligious freedoms. the congress shall make no law respecting an establishment of religion or prohibiting ________.
the free exercise of religion
what is the source of most litigation in the fight for public aid to religious schools?
the maning of the no establishment clause of the 14th amendment
the lemon test determines whether a particular state law constitues "establishment" of religion therefore upholding the first amendment.
FALSE, violating the first amendment
the lemon test includes:
-must have a secular purpose
-as its primary effect, must neither advance nor inhibit religion
-must not foster an excessive government entaglement with religion.
T/F: its unconstitutional to have prayer at school or at any type of school spondeored event
TRUE
About this deck
By: Paige Folk
Textbook: Government and Politics of Texas
Politics in States and Communities (12th Edition)
Created: 2011-05-07
Size: 84 flashcards
Views: 207
Textbook:
Government and Politics of Texas Politics in States and Communities (12th Edition)Created: 2011-05-07
Size: 84 flashcards
Views: 207
About StudyBlue
STUDYBLUE makes things that make you better at school.
Things like online flashcards with photos and audio.
Things like personalized quizzes and friendly reminders about when (and what) to study next.
Think of it as a digital backpack™: access to all of your study materials online and on your phone.
STUDYBLUE exists to make studying efficient and effective for every student, for free. Join us.
“I have been getting MUCH better grades on all my tests for school. Flash cards, notes, and quizzes are great on here. Thanks!”
Kathy
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