UGA Constitution Exemption Exam

King Vs. Chapman

overturned white primaries in GA

Gray Vs. Sanders

one person, one vote

Wesberry v. Sanders

Ordered House districts to be as near equal in population as possible.

McCulloch v. Maryland

1819 elastic clause, gives Congress the right to exercise implied powers

Dredd Scott v. Sanford

The case that said slaves were property and had no rights

Chisolm v. Georgia

1793; citizen from one state can sue another in federal court

Gideon v. Wainwright

A person who cannot afford an attorney may have one appointed by the government

Worchester v GA

tribal autonomy; they were a "distinct political community"

Cherokee Nation v. Georgia

indian tribes aren't a foreign nation & have no standing in federal courts, but still have a right to their land

Stanley vs. Georgia

implied right to privacy in the form of possessions and obscene materials

Coker vs. Georgia

to receive penalty, death must have been the result of the crime.

rape does NOT constitute the death penalty

McCleskey v. Kemp

The 1987 Supreme Court decision that upheld the constitutionality of the death penalty against charges that it violated the Fourteenth Amendment because minority defendants were more likely to receive the death penalty than were White defendants.

Plessy v. Ferguson

Separate but equal

Marbury v. Madison

Established judicial review

Furman v. Georgia

(1972) Death penalty is cruel and unusual if carried out in "an arbitrary, discriminatory, and capricious manner".

consistency with death penalty

US vs Nixon

Presidential power is not above the law.

Gibbons v. Ogden

Regulating interstate commerce is a power reserved to the federal government

Everson v. Board of Education

The wall-of-separation principle is announced

full separation of church and state

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.

separate schools AREN'T equal

Barron v. Baltimore

Bill of Rights cannot be applied to the states

Baker v. Carr

One man, one vote

Grutter v. Bollinger

affirmative action case (lost) ; race could be used as a factor in admissions as long as there was no point system and race was not a major factor; upheld Bakke case

federalist paper #10

Written by James Madison to convince people to support the ratification of the constitution. Argued that factions were inevitable but were best controlled by a large republic that employed a Federalist structure. Argued that competition among factions would limit their negative impacts.

federalist paper #51

written by Madison, discusses importance of checks and balances and the separation of powers in the constitution

Amendments to the Constitution

proposed by a 2/3 vote of Congress and ratified by 3/4 of state legislators

slave trade couldn't be outlawed until

1808

joint resolution

a proposal for action that has the force of law when passed; usually deals with special circumstances or temporary matters

impeached presidents

Andrew Johnson and Bill Clinton

House of Representatives sole power

impeachment

civil rights act of 1964

outlawed discrimination based on race, color, religion, sex, or national origin and created the equal employment opportunity commission

Habeus Corpus Act

No one can be held without being charged with a crime

ex post facto law

law that makes an act punishable as a crime even if the action was legal at the time it was committed

bill of attainder

a law that declares a person, without a trial, to be guilty of a crime

-none will pass in GAgo

Dual Federalism (Layer Cake)

A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies.

lemon test

The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion.

Civil Rights vs. Civil Liberties

civil rights: protection from unequal treatment

civil liberty: deals with freedoms people are guaranteed

Civil rights are used to prevent discrimination based on certain characteristics, liberties are guaranteed to everyone.

writ of election

an order used to call a special election to fill a vacancy in an elective office (HOR)

Dillon's Rule

a rule that limits the powers of local gov't to those expressly granted by the state or those powers closely linked to the express powers (state governments can create and abolish local governments who have no inherent sovereignty)

President is paid

$400,000

Filibuster

A lengthy speech designed to delay or kill the vote on a bill; used only in the Senate

virginia plan

"Large state" proposal for the new constitution, calling for proportional representation in both houses of a bicameral Congress.

New Jersey Plan

"small state proposal"; A constitutional proposal that would have given each state one vote in a new congress

Great Compromise (Connecticut Compromise)

Plan to have a popularly elected House based on state population and a state-selected Senate, with two members for each state

number of legislators needed for GA general assembly to proceed

3/5

limits on city/ county taxes and debt

counties can impose 1% general sales tax and 4% state tax

debt cannot exceed 10% of assessed value of properties within the jurisdiction

jurisdiction of GA "state court"

within each county

hears misdemeanors, issues search warrants/ arrests, holds preliminary hearings for criminal cases, tries civil matters

open direct primary

does not require voters to affiliate with a certain party (can pick either party)

voters decide their party's candidate

qualifications to serve as GA attorney general + responsibilities

25 years old, citizen 10 years, GA resident 4 years, state bar member 7 years

represents state in legal matters and advising executive branch

power of executive clemency in GA constitution

state board of pardons and paroles

all revenue collected from taxes, fees, and state assessments must be paid into:

general fund of state treasury

power to issue an injunction is limited to

appellate courts and superior courts

how can the GA constitution be amended

proposal by General Assembly and approval by voters

legislative power of the state vested in:

general assembly

balanced budget in GA

expenditures in general appropriations bill can't exceed what governor expects in revenue next fiscal year + surplus from this year

NOT an executive officer in GA

comptroller general

vacancies in the General Assembly occur when:

a member moves to another district

GA Constitutional Boards and Commissions

public service commission

state board of pardons and paroles

state transportation board

veterans service board

board of natural resources

educational board

regents

public service commission

5 members elected by the people

phone networks, transportation, electricity, and utilities

State Board of Pardons and Paroles

5 members appointed by the governor

executive clemency and granting reprieves, pardons, and paroles

state transportation board

as many members as congressional districts (14) elected by majority vote of members in HOR/ Senate

transportation, highway construction, and railroads

veterans service board

7 members appointed by governor

serving veterans and their families

board of natural resources

1 member from each congressional district (14) and 5 members from the state-at-large all appointed by governor and confirmed by the senate

setting rules and regulations for things like air/ water control, hunting seasons, agency's budget recs and legislative initiatives

educational board

1 member from each district appointed by governor

public school system

regents

1 from each district + 5 at-large

colleges, criminal cases, and trying civil matters not dealt with in superior court

Article 4 of the Constitution

Relations among states and federal government

Article 5 of the Constitution

Amending the Constitution

Article 6 of the Constitution

Supremacy Clause, assume old debt, no religious standards

article 7 of the constitution

Ratifying the Constitution

Voting Rights Act of 1965

a law designed to help end formal and informal barriers to African-American suffrage

power of the senate

can impeach the pres., approves treaties, and conducts trials

enumerated powers

power to tax

can go into debt to pay for gov't programs

regulations on interstate and international business

immigrants can become citizens

declaration of bankruptcy

printing money

post offices

copyrights and patents

lower federal court systems

power to declare war

pay for military action

Lieutenant Governor

-president of the state/ senate

-oversees committee on senate membership

-elected separately from governor

-appoints chairmen to senate committees

-presides over debate in chamber and oversees movement of legislation

GA elected executive officers

governor, lieutenant governor, attorney general, secretary of state, insurance commissioner, state school superintendant, commissioner of agriculture, commissioner of labor, public service commission

GA executive officer NOT elected

state revenue commissioner

GA general assembly

-pass state's operating budget

-in session 40 days

-can hold "special session" with 3/5 agreement from each chamber

-two chambers (bicameral legislature) HOR & Senate

-236 members

home rule

power delegated by the state to a local unit of government to manage its own affairs

lottery proceeds go to:

tuition grants, scholarships, loans

voluntary pre-K

one or more educational shortfall reserves

teacher training

capital outlay projects for educational facilities

superior court hears:

felony cases

constitutions in GA

10 in total

last one ratified in 1983

U.S. Constitution ratification

January 2nd, 1788

GA governor qualifications

30 years old

resident of GA 6 years

American citizen 15 years

GA power of taxation may be used for:

education

prosecution of crimes

public health

sovereign immunity

-the rule that a citizen cannot sue the government without the government's consent

-state cannot commit a legal crime or wrong doing and is immune from civil suit or criminal prosecution

executive clemency

the power to grant reprieves, pardons, and paroles.

governor can use line-item for:

spending bills

courts of limited jurisdiction in GA

magistrate, probate, municipal, juvenile state

number of members in GA house of representatives

180

number of people in GA general assembly

236