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Poli Sci, Curry Final Exam
Terms in this set (106)
Who is considered the Father of the Constitution?
Who was the principal author of the Declaration of Independence?
who was the first secretary of the treasury and proponents of the US bank?
Which English philosopher argued most strongly for natural rights of individuals?
believed in the "state of nature", equal rights for life liberty and property for men. believed that the people have control of their government and should be able to overthrow them if they cannot protect their individual rights
What were the Federalist Papers?
they offered insight about the founding fathers intentions with federalism and the new form of government
Who authored the Federalist Papers?
James Madison, Alexander Hamilton, John Jay
McCulloch v. Maryland
Maryland placed a tax on US bank currency and therefore they were taxing the US government
-the tax is unconstitutional because a state cannot tax the government
does congress have the power to create a national bank?
yes, it is covered by the necessary and proper clause, not clearly stated in the constitution
What was the Missouri Compromise?
-Maine was a free state, Missouri was a slave state
-everything above 3630 latitude line would be free, everything below would be slave. This applied to ONLY the Louisiana Purchase.
Who are the current members of the Supreme Court?
chief justice Roberts
ruth bader ginsburg
what was the result of the great compromise? (Connecticut compromise)
-house based on population of states
-senate based on state equality
-3/5s compromise, represation is whole number of free people and 3/5 of slaves not including indians
how does the textbook define constitutionalism?
-limited government: checks and balances, 3 branches
-rule of law: leaders are held responsible for the higher law above the policies of politicians
-fundamental worth of an individual
how are amendments added to the constitution?
1. Proposal (2/3s vote from both houses of congress or by a national convention)
2. Ratification (3/4s vote of state legislature or conventions called in each state)
how many amendments to the constitution do we currently have?
which case is recognized as starting the process of judicial review?
Marbury v Madison
the system proposed by Madison to keep power from being concentrated in one place is?
checks and balances
Marbury v. Madison
what happens when a law is passed that is in conflict with the US constitution?
the law in conflict with the constitution is voided
The ruling in Schenck v. U.S. established what First Amendment test?
the espionage act/ CLEAR AND PRESENT DANGER TEST
what was the significant result of plessy v ferguson?
established separate but equal, with segregation in schools and public facilities.
what are the implied powers and when are they first mentioned?
congress can make any laws "neccessary and proper" as long as they do not go against the constitution. first mentioned in McCullough v Maryland.
what is the significance of brown v board of education?
declared that "seperate but equal" is unconstitutional and overturned plessy v ferguson.
what is the significance of Heart of Atlanta Motel v US?
this court case ruled that congress can remove any obstruction to the flow of interstate commerce
-racial discrimination is not allowed in interstate commerce.
motel is interstate commerce bc people from out of state stay there when traveling.
What is the significance of South Dakota v Dole?
this case ruled that the congressional power to spend money allows congress to set the rules.
south Dakota claimed the US doesn't have the right to stop highway funding is south Dakota didn't raise the drinking age
What is the two-step process required in the impeachment of a President?
1. the house impeaches the president
2. the senate convicts the president of a crime and then he is removed
what did the supreme court say about Dred Scott's citizenship claims?
the right to citizenship is limited to those who were qualified citizens when the constitution was put into effect. at the time the constitution was put into effect Scott was a negro/slave. slavery is not technically prohibited b/c the missouri compromise was declared unconstitutional.
the right of consenting adults to engage in sexual acts was upheld in which case?
Lawrence v Texas
(gay men having sex)
what is selective incorporation and how does in work?
when the supreme court determines a right to be fundamental the states will have to incorporate that part of the bill of rights into their laws as well.
What does the exclusionary rule do?
it is a method of enforcing the 4th amendment to any material seized in violation of "unreasonable search and seizure" may not be introduced as evidence in a trial.
what are the specific requirements of the 4th amendment concerning search warrants?
- describe the place to be searched
- describe what is being seized
- probable cause
-sworn before a judge
what is rational scrutiny and who has the burden of proof?
state must show a rational basis in the law or show that the law is rational and makes sense. this is most cases and the burden of proof of wrong doing is on the plaintiff.
What is strict scrutiny? who has the burden of proof?
used in cases dealing with fundamental rights, and cases involving race.
- state must prove a compelling state interest for the law to stand
-the burden of proof falls on the state government
What constitutional protections were announced in Miranda v. Arizona?
- right to remain silent
-anything you say may be used against you
-right to an attorney
-if you cant afford an attorney the court will appoint one
-rights can be waived voluntarily
When do the courts use "heightened scrutiny?"
gender related cases
-more than rational scrutiny but less that strict scrutiny
What limits have the courts allowed to be placed on abortion rights?
the sates may not create undue burdens
-24 hr waiting period
- parental/spousal notification (THIS was the only undue burden determined by the court)
Who said that censorship of ideas is wrong because censored ideas may be true and the majority opinion may be in error?
John Stuart Mill
Who said that restrictions on an open press were wrong because they were used by tyrants not deserving allegiance or respect?
john milton- believed that restrictions on open press inhibit development of character, are ineffective, and discourage truth seeking and learning
what was the significant ruling in Roe v Wade?
ruled that declaring abortion illegal in unconstitutional
-divided abortion laws into 3 trimesters
1st: unrestricted rights
2nd: state can start to regulate the abortions
3rd: state can prohibit/regulate abortion unless it affects the life/health of the mother
planned parenthood v Casey did not allow which abortion restriction?
- spousal notification was determined to be an undue burden on the mother
what was the significant ruling in Gideon v Wainwright?
-the right to counsel is guaranteed in felony cases
-right to "effective" counsel
Compare "strict" and "rational" scrutiny
Strict- state must prove a 'compelling state interest' to uphold charges/whatever
Rational- state must only provide a rational basis of the law
what did the supreme court rule in Zelmon v Simmons Harris?
school vouchers do not violate the establishment clause
-the program is neutral b/c it the child and parents choice where to attend school and equal funding is given based on financial need.
which supreme case upheld the right for students to participate in a political protest?
Tinker v Des Moines
Which Supreme Court case upheld the right of a person to burn the American flag?
Texas v Johnson
What are enumerated powers?
Powers of the federal government that are specifically stated in the constitution
What are implied powers?
Powers not specifically mentioned in the constitution but can be reasonably inferred.
-stem from the necessary and proper clause
What are reserved powers?
Powers not listed in the constitution that only the states have.
What are the Miller v. California requirements for obscenity?
- must appeal to prurient interest in sex
-must lack serious literary or artistic value
-whether the work depicts or describes, in an offensive way, sexual conduct or excretory functions, as specifically defined by applicable
How can public officials collect damages for libel?
they must prove malice
Who wrote the Memorial and Remonstrance against Religious Assessments?
What is the "child-benefit" theory?
Allows state funds to be given to students studying in private schools provided the allotment can be justified as benefiting the child.
what is actual malice? what is simple malice?
actual: the libel is made deliberately and defamatory in nature
simple: libel is made unintentionally
what was the importance of Engel v Vital?
the government cannot force students to say a prayer before school
-serves no secular purpose
-shows religious intent
What is the Lemon Test?
1. Purpose of aid must be secular
2. must have a neutral effect on religion
3. must not create excessive entanglement between church and state
What is "Equal Access"?
public facilities must be made available to all groups
- Widmar v Vincent
Can the Ten Commandments be displayed on public property? Van Orden v. Perry; McCreary County v. ACLU
Van Orden v Perry- yes, the statue had a historical purpose among other statues at the capitol and not there for worship
McCreary County v ACLU- no, the statue was on display for a religious purpose
three theories of the establishment clause
1. strict separation- no aid at all, james madison/thomas jefferson
2. government neutrality- government wont help but wont hinder
3. government accommodation- government endorses and supports religion openly
What was the Virginia Plan?
large state plan- bicameral with both houses representation based on state population
what was the revolution of 1937?
this was a court packing attempt by FDR that would allow one extra judge for each judge over the age of 70, up to 15 judges total. would help him further his political agenda.
What is a writ or certiorari?
-orders a lower court to deliver a case to the supreme court for review
What is executive privilege?
the right to keep communications confidential to the presidency
Nixon v. US
Executive privilege is not an excuse to withhold evidence/ Followed by impeachment
Miranda v. Arizona
Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.
what are the different types of opinions written by supreme court justices?
What is federalism?
the constitutional division of power between federal and state
What was the New Deal?
-FDR push for increase in government programs such as social security, FDIC etc.
-A collection of reforms intended to restart economic growth in the Depression-era US
What were John C. Calhoun's key ideas?
-nullification -the constitution was a contract entered into by the states and they therefore have the power to reject it
-sovereign immunity- the states are separate and can veto/refuse unconstitutional law and parts of the constitution
Kelo v. City of New London
Eminent domain case: Local governments may force the sale of private property and make way for private economic development when officials decide it would benefit the public.
Power of a government to take private property for public use.
Sherman Antitrust Act
-used by FDR
-misused against labor unions
Who was Frederick Douglass?
A former slave who escaped and became an abolitionist
-spoke about civil rights and rights for slaves
Gibbons v. Ogden
This case involved New York trying to grant a monopoly on waterborne trade between New York and New Jersey. Judge Marshal, of the Supreme Court, sternly reminded the state of New York that the Constitution gives Congress alone the control of interstate commerce. Marshal's decision, in 1824, was a major blow on states' rights.
Dred Scott v. Sanford
Supreme Court case that decided US Congress did not have the power to prohibit slavery in federal territories and slaves, as private property, could not be taken away without due process - basically slaves would remain slaves in non-slave states and slaves could not sue because they were not citizens
Brown v. Board of Education
1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.
Plessy v. Ferguson
a 1896 Supreme Court decision which legalized state ordered segregation so long as the facilities for blacks and whites were equal
Regents of the University of California v. Bakke
A 1978 Supreme Court decision holding that a state university could not admit less qualified individuals solely because of their race.
US v. O'Brien
burning of draft card; it involved substantial government interest
-NOT covered by free speech
Texas v. Johnson
First Amendment/Freedom of Speech/symbolic speech - flag burning is protected speech
New York Times v. Sullivan
Decided in 1964, this case established the guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made with "actual malice" and reckless disregard for the truth.
Miller v. California
A 1973 Supreme Court decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a "prurient interest" and being "patently offensive" and lacking in value.
Tinker v. Des Moines
Students have the right to symbolic speech at school as long as it is not disruptive
Lawrence v. Texas
state law may not ban sexual relations between same-sex partners or any consenting adults
-right of privacy
South Dakota v. Dole
Court upholds using taxing and spending power to influence State legislative actions
-gov said they'd with hold highway funding unless SD raised drinking age
US v. Darby
(1941) United States Supreme Court upheld the Fair Labor Standards Act of 1938, holding that the U.S. Congress had the power under the Commerce Clause to regulate employment conditions. The unanimous decision of the Court in this case overturned several long-standing precedents, notably Hammer v. Dagenhart
Engel v. Vitale
The 1962 Supreme Court decision holding that state officials violated the First Amendment when they wrote a prayer to be recited by New York's schoolchildren.
Roe v. Wade
(1973) legalized abortion on the basis of a woman's right to privacy
- divided abortion laws by trimester
Van Orden v. Perry
A Ten Commandments monument erected on the grounds of the Texas State Capitol did not violate the Establishment Clause because the monument, when considered in context, conveyed a historic and social meaning rather than an intrusive religious endorsement.
Pottawotamie School District v. Earls
Coercive drug testing imposed by school district upon students who participate in extracurricular activities does not violate the Fourth Amendment.
Zelmen v. Simmons-Harris
2001 Supreme Court decision that established the use of vouchers by students choosing to attend religiously affiliated private schools constitutional, and not in conflict with the First Amendment.
Whole Women's Health v. Hellerstedt
The Court ruled 5-3 that Texas cannot place restrictions on the delivery of abortion services that create an undue burden for women seeking an abortion.
-ex admitting privileges in a close hospital and clinics must be up to surgicl standards
Youngstown v Sawyer- steel workers being treated unfairly went on strike
-Truman declared it a national emergency and made it a government entity and because of that they weren't allowed to go on strike
-Truman cant take executive control
Which case involved the Religious Freedom Restoration Act?
city of Boerne v Texas
Roosevelt's theory of presidential power
stewardship theory- president can do anything necessary for the nation unless the constitution says otherwise
Which federal courts have original jurisdiction?
which federal courts have appellate jurisdiction?
Federal Circuit Courts + Supreme Court
Riley v. California
Cannot search cell phones without warrants
Civil Rights Act of 1964
outlawed discrimination based on race, color, religion, sex, or national origin
Voting Rights Act of 1965
-1965; invalidated the use of any test or device to deny the vote and authorized federal examiners to register voters in states that had disenfranchised blacks
-encouraging greater social equality and decreasing the wealth and education gap
A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws.
Arizona v. US (2012)
only federal government can make laws about international affairs- supremacy clause
Powers of the Senate
-confirm presidential appointments by a majority vote
-ratify (approve) treaties made by the president by a 2/3rds vote
-hold impeachment trial to remove a president
Powers of the House of Representatives
-the power to initiate revenue bills
-impeach federal officials, -elect the President in the case of an electoral college tie
"It may be argued that Congress could have pursued other methods to eliminate the obstructions it found in interstate commerce caused by racial discrimination. But this is a matter of policy that rests entirely with the Congress, not with the courts. How obstructions in commerce may be removed—what means are to be employed—is within the . . . discretion of the Congress"
heart of Atlanta motel V US
"But the great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others. . . . Ambition must be made to counteract ambition"
"Today . . . there can be no doubt that the Fifth Amendment privilege (self-incrimination) is available outside of criminal court proceedings, and serves to protect persons in all settings in which their freedom of action is curtailed in any significant way . . . ."
Miranda V Arizona
"The right . . . to counsel may not be deemed fundamental and essential to fair trials in some countries, but it is in ours."
Gideon V Wainwright
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