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American National Government Exam 1
Terms in this set (49)
What was ruled in the Sacobollis vs. Ohio case?
The Supreme Court ultimately decided "The Lovers" (A pornographic film) warranted First Amendment protection and reversed Jacobellis' conviction.
What was ruled in the Miller vs. California case?
Obscenity is not protected by the First Amendment and thus can be regulated by the state. However, the state must conform to the three-part test of Miller v. California
What does the First Amendment NOT protect?
Fighting Words: Hate Speech
Obscenity: Certain Pornography
Defamation: Slander, Libel (Must prove someone's Intenet, Injury, and Untrue)
What was ruled in the court case Schenck vs. United States
You are protected by the first amendment to say anything "as long as you do not cause clear and present danger."
Yelling fire in a crowded theatre
What was ruled in the court case Chaplinsky vs. New Hampshire
Enacted the Fighting Words doctrine and limitation of the First Amendment.
What was ruled in the court case Bradenburg vs. Ohio?
Introduced the Brandenburg Test, also known as the Imminent Lawless Action Test, for the First Amendment.
What was ruled in the court case Kelo vs. New London?
Kelo sued New London for taking his property for private land development and claimed it was not public use. The Supreme Court ruled in favor of New London, as the private buildings being built there would help the local economy, and in turn, serve the public.
How do governments overcome collective action problems?
Through coercion (The power of the government, the mechanism by which government is able to accomplish its goals)
Examples: National Military/Police
What are Collective Action Problems?
The situation in which multiple individuals would all benefit from a certain action, but has an associated cost, making it implausible that any individual can or will undertake and solve it alone.
What are the 4 types of government/regimes?
What are the 3 key values of political culture to Daniel Alazar? (The government works for the people)
Individualistic (Both Lib. and Cons.)
What are the 3 main political ideologies?
Liberals and Conservatives
What is Article I of the Constitution?
The Legislative Branch - Section 8 (Powers of Congress)
What is Article II of the Constitution?
The Executive Branch - Section 2 & 3
What is Article III of the Constitution?
The Judicial Branch
What is Article IV of the Constitution?
Matters involving the States
Full Faith and Credit Clause (States must obey court rulings of other states)
What is Article V of the Constitution?
Amending the Constitution
What is Article VI of the Constitution?
What is Article VII of the Constitution?
What is the process to create/change an amendment?
1. Create the Amendment
2. Propose the Amendment
3A: 2/3 of Congress agree
3B: 2/3 of the States agree
4A: 3/4 States
4B: 3/4 States at National Convention
What are the 5 freedoms of the First Amendment?
Speech, Religion, Press, Assembly, and Petition
What is Due Process?
Fair treatment through the normal judicial system to anyone
What is Eminent Domain?
The right of a government or its agent to expropriate private property for public use, with payment or a form of compensation to the owner.
What was ruled from CLS vs. Martinez?
What was ruled from Gonzolaz vs. Esprita?
What is the Equal Protection Clause?
No state shall deny to any person within its jurisdiction "the equal protection of the laws".
What are the Federalist Papers?
A series of eighty-five essays urging the citizens of New York to ratify the new United States Constitution. These were originally written by Alexander Hamilton, James Madison, and John Jay.
The "Clear and Probable Danger" test requires that -
The Supreme Court to consider whether the gravity of the evil discounted by its probability justifies the invasion of free speech.
What 2 questions did the court limit itself to in the review of Obergefell vs. Hodges?
Does the 14th Amendment require a state to license a marriage between two people of the same sex?
Does the 14th Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?
What was the outcome of Roe vs. Wade?
Abortion became legal in the United States
The Supreme Court has interpreted the 14th Amendment to allow for police searches and seizures of evidence without a warrant EXCEPT for when?
When using a thermal imaging device to conduct a blanked sweep of neighborhoods to search for basement marijuana fields
Which of the following is true about the religious freedom provision of the First Amendment?
It prohibits Congress from passing any legislation "Respecting an establishment of religion, or prohibiting the free exercise thereof."
In Barron vs. Baltimore, the Supreme Court reasoned that the whole trust of the Bill of Rights was to -
Restrain state power
In the 1873 Slaughterhouse Cases, the Supreme Court stated that ____________________ would "fetter and degrade the State governments by subjecting them to the control of Congress."
the broad application of the 14th Amendment to state policy
What is the name of the process that uses the 14th Amendment to make the Bill of Rights binding on the actions of state governments and not just the federal government?
The effect of the Supreme Court's decision in Gideon vs Wainwright has been to -
ensure that defendants in criminal cases have the right to counsel through all stages of the legal process
The court ruled in Obergefell that -
States must both recognize same-sex marriages from other states, and also provide licenses within the State
What are the first 10 Amendments to the Constitution called?
The Bill of Rights
What are 3 Constitutional Themes?
Separation of Powers
Checks and Balances
What is the difference between a Federation and a Confederation?
Federation: Power is GIVEN to smaller unites.
Confederation: Power is DRIVEN from smaller unites
What was the Great Compromise (Connecticut Compromise)?
It defined the Legislative Structure and representation that each State would have under the US Constitution. Each State would have 2 representatives in the upper house, along with proportional representation of the states in the lower house.
What plan served as a rewrite to the Constitution?
The Virginia Plan
What plan served as a Revision to the Constitution?
The New Jersey Plan
What was the significance of Engel vs. Vitale?
The Supreme Court ruled it is unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools.
What was the significance of SantaFe vs. Doe?
It ruled that Student-Led prayer at high school football games violates the Establishment Clause of the First Amendment.
Under what circumstances can someone conduct a unwarranted search?
The search is consented
Incidence Search to Arrest
Evidence is in Plain View
Probable Cause (See, Hear, Smell something)
What are the 3 basic dimensions of a regime?
How many people are in power
For whom does it benefit
How transitions of power is handled
What are the 3 key values of political culture to Gabriel Almond and Sidney Verba? (People work for the Government)
What creates the Social Capital scale (1-10), purposed by Robert Punham? (Individual works for Individual)
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