POLS 112 exam 1 - american and california government cal poly

Article 6 of the Constitution

supremacy clause - federal gov over states

10th Amendment

powers reserved to the states

11th Amendment

No state may be sued in federal court by a resident of another state or a foreign country

14th Amendment

makes everyone a citizen of the US

Marbury v. Madison

established judicial review

McCulloch v. Maryland

prohibited States from imposing a tax on federal facilities (bank)

upheld constitutionality of the bank

allowed implied powers

Gibbons v Ogden

Commerce is federal domain and states can not limit the exchange of goods and services

exclusionary rule

Illegally seized evidence is invalid and cannot be used in courts

affirmative action

an active effort to improve the employment or educational opportunities of members of minority groups and women

public duty doctrine

government owes duties to the public at large rather than individuals - a governmental entity can be held liable only when the duty breached was owed to the injured person as an individual and was not merely the breach of an obligation owed to the public at large

substantive due process

prohibits the government from infringing on fundamental constitutional liberties

procedural due process

when the state or federal government acts in such a way that denies a citizen of a life, liberty, or property interest, the person must first be given notice and the opportunity to be heard.

Totalitarian

Referring to a form of government in which one person or party holds absolute control

theocracy

A government that is based on religious authority.

enumerated power

power specifically given Congress in the Constitution

marbury v madison

implied power

power not enumerated in the Constitution but suggested in its language

mcchulloch v maryland

inherent power

powers delegated to Congress and the president need in order to get the job done right

gibbons v ogden

Delegated power

powers specifically described and assigned in the U.S. Constitution

barron v baltimore

privileges and immunities

prevents a state from treating citizens of other states in a discriminatory manner

right of interstate travel may plausibly be inferred from the clause.

necessary and proper Clause

Gives congress the expressed power to make any law deemed necessary and proper

Initiative

a procedure by which citizens can propose new laws or state constitutional amendments

referendum

the practice of letting voters accept or reject measures proposed by the legislature

Interstate Commerce

business that crossed state lines

Contract Clause

disallows any State to invalidate anything on a nationwide level

prohibits states from enacting any law that retroactively impairs contract rights

Sovereign immunity

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

Dred Scott v. Sanford

1853- supreme court ruled that people of color were not citizens and could not sue in federal court

patriot act

2001 - "Providing Appropriate Tools Required to Intercept and Obstruct Terrorism"

in response to 9/11, deter and punish terrorism, allowed FBI and NSA to access private info of citizens

iron law of oligarchy

all forms of organization, regardless of how democratic they may be at the start, will eventually and inevitably develop oligarchic tendencies, thus making true democracy practically and theoretically impossible

unitary government

A centralized government in which all government powers belong to a single, central agency

federal government

government which power is shared between a central government and provincial (state) government

preferred position doctrine

Holds that the first amendment freedoms are more fundamental than other freedoms

can only punish people for what they do, not what they say

Selective incorporation

a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights

Barron v. Baltimore

1833 - Supreme Court ruled that the Constitution's Bill of Rights restricts only the powers of the federal government and not those of the state governments.

New York Times v. Sullivan

supreme court ruled that the 1st amendment protects the publication of all statements, even false ones, about the conduct of public officials ***except when statements are made with knowledge that they are false or in reckless disregard of their truth or falsity

Habeas corpus

Constitutional protection against unlawful imprisonment

Ex post facto

A law that makes an act criminal although the act was legal when it was committed

Sheppard v. Maxwell

excess pretrial press publicity can result in unfair trial

Miranda 1966 Rule

Supreme Court ruled that detained criminal suspects must be informed of their constitutional right to an attorney and against self-incrimination prior to police questioning

Indictment by a grand jury

a prosecutor will work with a grand jury to decide whether to bring criminal charges or an indictment against a potential defendant

Gideon v. Wainwright

state courts are required to appoint attorneys for defendants who could not afford to retain counsel on their own

Fourth Amendment

protection against unreasonable search and seizure

Mapp v. Ohio

illegally seized evidence cannot be used to convict

Affirmative Action

a policy designed to give special consideration to minorities

Allen Bakke v. UC

a university's use of racial "quotas" in its admissions process is unconstitutional but a school's use of "affirmative action" is allowed

De Jure segregation

legal separation of groups in society

De Facto segregation

segregation that happens "by fact" rather than by legal requirement

Yates v. U.S.

1957 - supreme court ruled that the First Amendment protects radical and reactionary speech, unless it poses a "clear and present danger.

Gitlow v. New York

1925 - first amendment applies to the states -

protected by due process that no state shall deny (14th Amendment)

Fair Labor Standards Act

1938 - regulates minimum wage, overtime pay, child labor and equal pay for equal work

Near v. Minnesota

1931 - government can't censor or prohibit a publication before it is actually published, even though it might be punishable after publication

U. S. v. Leon

1984 - evidence seized on the basis of a mistakenly issued search warrant could be introduced at trial

Engel v. Vitale

1962 - a court ruling that said praying in school was unconstitutional

No Bills of Attainder

must be given an opportunity for a trial before punishment

establishment clause

1st amendment - forbids the government from establishing an official religion

free exercise clause

1st amendment - reserves the right of American citizens to accept any religious belief and engage in religious rituals

Prior Restraint

government action that prohibits speech or other expression before it can take place - unconstitutional

interstate commerce

only federal gov can regulate

Everson v. Board of Education

1947 - schools can refund families for bus transportation of students to parochial or any religious schools - not a conflict of separation of church and gov

Brown v. Board of Education

1947 - Separate but equal in schools is unconstitutional

FICO score

credit score rating - the higher, the better the score

civil law

concerns noncriminal disputes between private parties

criminal law

a system of law concerned with the punishment of those who commit crimes.

jurisdiction belongs to state and federal courts for...

State & Federal courts have original jurisdiction covering both civil and criminal cases

us supreme court primarily deal with...

court of appellate jurisdiction

Hiram Johnson

california governor in 1910 - reforms under Johnson's leadership included the initiative, referendum and recall processes

Sequestration

automatic federal budget cuts (called Fiscal Cliff)

Marquette v. Minn

allows credit card interest to be extended to any state - no limits on what interest can be charged

Smiley v. Citi Bank

allows credit card fees of any amount to be applied to late charges, over limit charges, and other service card charges

Affordable Care Act

Obamacare - provide healthcare for all Americans - increase benefits and lower costs for consumers, provide new funding for public health and prevention, bolster health care and public health workforce and infrastructure, foster innovation and quality in our system

Hollingsworth v. Perry

legalized same-sex marriage in california

Defense of Marriage Act

federal law that defined marriage for federal purposes as the union of one man and one woman and allowed states to refuse to recognize same-sex marriages granted

US vs Windsor ruled this act unconstitutional

US vs Windsor

2013 - ruled that DOMA was unconstitutional - same sex marriage can be determined by the states

Plutocracy

government ruled by the wealthy

Aristocracy

government in which power is in the hands of a hereditary ruling class or nobility

Democracy

government by the people

Autocracy

a system of government by one person with absolute power

totalitarian

government in which one person or party holds absolute control (extreme version of authoritarianism)

authoritarian

government in which one leader or group of people holds absolute power

Obergefell v. Hodges

2015 - legalized same sex marriage

separation of power

Government principle in which power is divided among different branches

judicial review

Allows the court to determine the constitutionality of laws

capitalism

An economic system based on private property and free enterprise.

property rights

The rights of an individual to own, use, rent, invest in, buy, and sell property.

equal rights

fair and equal treatment by the government for all people.

separation of church and state

The division between religion and government - 1st amendment

partisanship

Strong support of a party and it's policies

Parrish v. West Coast Hotel

1937 - the Court held that the establishment of minimum wages for women was constitutionally legitimate - resulted in Fair Labor Standards Act

Whole Women's Health v. Hellerstedt

2016 - Texas cannot place restrictions on the delivery of abortion services that create an undue burden for women seeking an abortion