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Politics 101 Exam 1
Julie Wronski Pol 101 Ole Miss. Study and memorize. I got a 92 because of this set
Terms in this set (72)
McCulloch v. Maryland
In McCulloch v. Maryland (1819) the Supreme Court ruled that Congress had implied powers under the Necessary and Proper Clause of Article I, Section 8 of the Constitution to create the Second Bank of the United States and that the state of Maryland lacked the power to tax the Bank.
Gibbons v. Odgen
The Gibbons v. Ogden trial of 1824 was an important decision where the Supreme Court ruled that the Commerce Clause of the Constitution granted the Congress the power to regulate interstate commerce, including navigation of interstate seaways.
Lochner v. NY
- Violated the 14th Amendment and the due process clause
In Lochner v. New York (1905), the Supreme Court ruled that a New York law setting maximum working hours for bakers was unconstitutional. ... The Supreme Court, in a 5-4 decision written by Justice Rufus Peckham, held that the act was unconstitutional and that the conviction of Lochner must be reversed.
Barron v. Baltimore
The Court established a precedent that the United States Bill of Rights could not be applied to state governments.
Schenck v. United States
Schenck v. United States. Schenck v. United States, case in which the U.S. Supreme Court ruled on March 3, 1919, that the freedom of speech protection afforded in the U.S. Constitution's First Amendment could be restricted if the words spoken or printed represented to society a "clear and present danger."
Roth v. United States
Roth v. United States, 354 U.S. 476 (1957), along with its companion case Miller v. California, was a landmark case before the United States Supreme Court which redefined the Constitutional test for determining what constitutes obscene material unprotected by the First Amendment.
Miller v. Ca
Miller v. California, 413 U.S. 15 (1973) was a landmark decision by the United States Supreme Court wherein the court redefined its definition of obscenity from that of "utterly without socially redeeming value" to that which lacks "serious literary, artistic, political, or scientific value."
Texas v. Johnson
Texas v. Johnson, 491 U.S. 397 (1989), was a decision by the Supreme Court of the United States that invalidated prohibitions on desecrating the American flag enforced in 48 of the 50 states.
Near v. Minnesota
The U.S. Supreme Court held that, except in rare cases, censorship is unconstitutional.
If National Security is threatened, the government can intervene
Lemon v. Kurtzman
- funding of religious schools by the government was in violation of the Establishment Clause
- Lemon Test
In Lemon v. Kurtzman, the Supreme Court of the United States found that the passing of any state laws that establish a religious body is a direct violation of the United States Constitution. Therefore, in Lemon v. Kurtzman, the Supreme Court of the United States ruled in favor of Alton Lemon.
Cantwell v. Connecticut
- Applied the first amendment's freedom of religions to the states
Cantwell v. Connecticut, 310 U.S. 296 (1940), was a United States Supreme Court decision that incorporated or applied to the states, through the Due Process Clause of the Fourteenth Amendment, the First Amendment's protection of religious free exercise.
Mapp v. Ohio
Mapp v. Ohio, 367 U.S. 643 (1961), was a landmark case in criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in state law criminal prosecutions in state courts
Katz v. U.S.
Katz v. United States, 389 U.S. 347 (1967), is a United States Supreme Court case discussing the nature of the "right to privacy" and the legal definition of a "search"
Miranda v. Arizona
In Miranda v. Arizona (1966), the Supreme Court ruled that detained criminal suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against self-incrimination.
Griswold v. Connecticut
In Griswold v. Connecticut (1965), the Supreme Court ruled that a state's ban on the use of contraceptives violated the right to marital privacy. The case concerned a Connecticut law that criminalized the encouragement or use of birth control.
Scott v. Sandford
Anti- slavery laws were considered unconstitutional
Plessy v. Ferguson
- Separate but equal upheld/found constitutional. Would later be overturned
This 1896 U.S. Supreme Court case upheld the constitutionality of segregation under the "separate but equal" doctrine. It stemmed from an 1892 incident in which African-American train passenger Homer Plessy refused to sit in a Jim Crow car, breaking a Louisiana law.
Brown v. Board of Education
Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), was a landmark United States Supreme Court case in which the Court declared state laws establishing separate public schools for black and white students to be unconstitutional.
University of CA v. Bakke
In Regents of University of California v. Bakke (1978), the Supreme Court ruled that a university's use of racial "quotas" in its admissions process was unconstitutional, but a school's use of "affirmative action" to accept more minority applicants was constitutional in some circumstances.
Obergefell v. Hodges
Obergefell v. Hodges, 576 U.S. ___ (2015), is a landmark United States Supreme Court case in which the Court held in a 5-4 decision that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States
Collective Action Problems
Creates rules and institutions
-Insures everyone is held accountable
-Everyone pays their fair share
Types of Collective Action Problems
1. Coordination Problems - Navigating traffic
2. Prisoner's Dilemmas - acting in own self interest
Cost of Collective Actions
Transaction Cost: Time, money and effort
Conformity Cost: Giving up some self interest
Solving Collective Action Problems
Delegation: not what the United States does
Majority Rule: "Direct Democracy"; not used in the United States
Representative Government: "Republic"; gov't where people elect representatives, representatives are constrained to follow the majorities desires
3 Ideals of Democracy
2. Individual Rights
3. Consent of the Governed
2 Guidelines for Democracy
Essay written by James Madison
Argues that the Constitution would establish a government capable of controlling the violence and damage caused by different factions
Addresses the means by which appropriate checks and balances can be created in government and also advocates a separation of powers within the national government.
Separation of Powers
an act of vesting the legislative, executive, and judicial powers of government in separate bodies.
Checks and Balances
counterbalancing influences by which an organization or system is regulated, typically those ensuring that political power is not concentrated in the hands of individuals or groups.
Weaknesses of the Articles of Confederation
-Gave congress power to pass laws but not enough power to enforce them
-States could ignore federal laws they didn't agree with
-Congress had no power to levy taxes or regulate trade
-Amending would require a unanimous decision
"States were free-riding
- Lay and collect taxes
-Borrow money on the credit of the US
-Establish post offices
-Issue patents and copyrights
-Raise and support a Military
-General Welfare Clause
-Necessary and Proper clause
The Constitution is the supreme law of the land
Necessary and Proper clause
A section of the United States Constitution that enables Congress to make the laws required for the exercise of its other powers established by the Constitution.
-Anti-Federalist position with stronger states rights
- Keep Articles of Confederation but amend it
- Legislative Branch has equal representation from each state
Legislative branch elected based on state population
-Strong central government composed of three branches:
The Great Compromise
called for proportional representation in the House, and one representative per state in the Senate (this was later changed to two.)
Slaves should be counted at three fifths of their real number. The Three Fifths Compromise resolved the issue of counting slaves towards population in regards to representation in the House of Representatives.
- Anti vs. Pro Slavery States
- Missouri wanted to be a slave state
- Missouri became a slave state under the condition that no other state above Missouri's southern border (in the Louisiana Purchase) can become one
Article 1 S-1
Legislative Power given to a Congress consisting of the Senate and House of Representatives
Article 1 S-2
- Establishes the Legislative Branch
- House election every 2 years
- House of Representatives votes for Impeachment
Article 1 S-3
-Senate elections every 6 years/ 2 senators from each state
-VP is also President of Senate
-Tries the impeachment of a President
Article 1 S-6
Congress members cannot be arrested for what they do in Congress
(Limitation on the Executive Branch)
Article 1 S-7
Bills for revenue start in the house
Covers how a bill becomes a law
Article 1 S-8
Powers of Congress
Expressed vs Implied
Article 1 S-9
Limits of Congress
- Writ of Habeas Corpus: if arrested must be informed of charges
- No bill of attainder: No verdict/ punishment without trial
- No ex post facto laws: "punished after the fact"
Article 1 S-10
Limits to State Power
-grant titles of nobility
Deals with the Executive Branch
Article 2 S-1
Sets Presidential term to 4 years
- Electoral College
- Oath to "preserve, protect, and defend the constitution"
Article 2 S-2
-President is the Commander in Chief of the Army and Navy
- President can make treaties and cabinet appointments with senate approval
- Fill vacancies during Senate recess
Article 2 S-3
- President gives State of the Union address
- "Take care clause" - laws are faithfully executed
Article 2 S-4
President, VP and other Civil Officers of the US can be impeached if convicted of treason, bribery, or other high crimes and misdemeanors
Deals with the Judicial Branch
Article 3 S-1
Sets the structure of the courts up with only one Supreme Court
- Justices appointed for life
Article 3 S-2
Judicial power extends to all cases under the Constitution
- Trial by jury
Article 3 S-3
defines Treason and how one can be convicted of it and their punishment
Freedom of Speech
Freedom of Religion
Freedom of the Press
Right to peaceful assembly
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Made slavery illegal
Made all persons born in or naturalized in the United States citizens
Gives citizens the right to vote
Due Process Clause
5th and 14th Amendment
"No person shall be deprived of life, liberty, or property without due process of law"
Equal Protection Clause
part of the 14th amendment
"no state shall deny to any person within its jurisdiction "the equal protection of the laws".
a political system in which power is divided between central and regional units
- certain powers to the federal government, certain powers to the State governments and some powers shared between the two
division between national and subnational government.
Gives more power to the states
National and State governments are jointly responsible for serving the citizens
power is divided between the federal and state governments in clearly defined terms, with state governments exercising those powers accorded to them without interference from the federal government.
national, state, and local governments interact cooperatively and collectively to solve common problems, rather than making policies separately but more or less equally
Constitutional and Legal protections from government interference into citizens personal freedoms
-provided in the Bill of Rights
Citizenship rights guaranteed to the people and protected by the government
attempts by the government to restrain what is being printed
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