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Poly Sci Final
Terms in this set (46)
What cases did we cover that involved the spending clause?
-South Dakota V Dole
-US v Butler
-NFIB v Sebelius
What are some liberties not protected in the Bill of Rights?
-Habeus Corpus: courts can determine if the state's detention of a person is valid
-No Bills of Attainder or Ex Post Facto Laws- Congress can't single out an individual or group for punishment without a trial
-The Right to Trial by Jury
According to Rehnquist, what are the restrictions on spending when the Spending Clause is in question?
-Pursuit of General Welfare
-Receipt of Funds must be unambiguous, like contract
-Must be related to Federal Project
-No independent constitutionality
What cases have we covered worked to limit National Government Power?
Marbury v Madison
What 14th Amendment clause looks a lot like the Privileges & Immunities clause?
Due Process Clause
What year was Steward Machine Co v. Davis?
What clauses have been critical in the expansion of national government power?
-Necessary & Proper Clause
What's the upshot of the Slaughterhouse cases?
it limited the protection of the Privileges and Immunities Clause of the 14th Amendment
What amendment is involved in Barron v Baltimore?
According to Justice Miller in the Slaughterhouse Cases, what was the purpose of the 13, 14 and 15 amendments?
"The Amendments have one pervading purpose: to protect newly emancipated blacks. It does not shift control over all civil rights from the states to federal government."
What happened in McDonald V Chicago?
What law was in question in Steward Machine Co. V Davis?
Social Security At of 1935
What's the main issue in Corfield V Coryell?
If the New Jersey law violated the Privileges and Immunities clause
What's the main issue in NY v. US?
Does the Low-Level Waste Act violate the 10th Amendment and the "guarantee clause" of Article Four?
Who were the strongest proponents of having a bill of Rights?
+Freedom of Religion, of Speech, of The Press, of Assembly, and to Petition (1st)
+Right to Bear Arms (2nd)
+Citizens do not have to keep soldiers in their homes without consenting (3rd)
+Protection from improper Searches and Seizure (4th)
+Citizens innocent until proven guilty, cannot be forced to testify against themselves, must be allowed the Due Process of Law, and the government must pay citizens when taking their property (5th)
+The right to Fair and Speedy Trials (6th)
+The right to a trial by jury (7th)
+Protection from unreasonably high bails, fines, and cruel/unusual punishments (8th)
+The Constitution and BoR don't define all of the rights that the people have (9th)
+The Constitution and BoR don't define all of the rights that the States have (10th)
What amendment gave rise to selective incorporation?
Why is McDonald v. Chicago important?
The Court's decision was viewed as a symbolic victory for gun rights advocates, and it also showcased Selective Incorporation
What is the impact of the 14th Amendment?
What is selective incorporation?
Doctrine where judicial decisions incorporates rights from the Bill of Rights to limit laws from states that are perceived to infringe on those rights.
According to NFIB v Sebelius, spending clause cases look a lot like what?
Taxing Power of Congress
Why do anti-feds want a bill of rights?
it would offset the power of the Federal government by protecting citizens rights. With a Bill of Rights added the the Constitution, the Federal government would not be too powerful, which is exactly what these
What did the court decide in Barron v Baltimore?
Justice Marshall found that the limitations on government articulated in the 5th Amendment were specifically intended to limit the powers of the national government.
The privileges and immunities clause is also known as:
What clauses in the Constitution involve relationships between states and their citizens?
Article IV section 2
Why were regulations of child labor shut down in the early 20th century?
The 4th Amendment
What is the Court's decision in NFIB v. Sebelius?
What case did scholar Kurt Lash argue was correctly decided?
According to Lash, what does the 14th amendment do?
Protects only those rights that owe their existence to the Federal Government
What is Abraham Lincoln talking about in the Lyceum Address
What Supreme Court justice believed in total incorporation?
What's Palko v CT famous for?
Double Jeopardy clause of the 5th Amendment
Where does the right to privacy come from?
What does Printz v US deal with?
What rights are in the 1st Amendment?
Freedom of religion, freedom of speech, freedom of the press, the right to assemble, and the right to petition the government.
Four Powers of Congress
-lay and collect taxes
-establish post offices
-to declare war
-to provide a navy
Term limits for house and senate
-House: 2 years
-Senate: 6 years
What is one power denied to the states?
-cant declare war
-can't enter into an alliance
How many votes in the electoral college/how many to win?
538 votes, 270 to win
Which case establishes judicial review?
Marbury v. Madison
Where are powers denied to congress?
Article 1 Section 9
Bonus: What happened in Everson V Ewing Township Board of Education?
Religious liberty case, Everson sues because his tax money is going to funding bus rides that take kids to catholic school. Court upholds law saying the busing is supporting public ed and is for the safety of school transportation, not for the establishment of any religion.
What is the ruling in Mapp v Ohio?
Majority ruled that all evidence obtained by searches and seizures in violation of the 4th amendment is inadmissable in court
Where is the clear and present danger test used?
Schneck v US
What is judicial restraint?
interpretation that encourages judges to limit the exercise of their own power
What is the clear and present danger test?
a doctrine adopted by the Supreme Court of the United States to determine under what circumstantial limits can be placed on First Amendment freedoms of speech, press, or assembly.
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