University of Iowa Intro to American Politics Exam 1

Congress Requirements

Congress Requirements

- people in house run every 2 years
- people in senate run every 6 years
- 25 for House, 30 for Senate

First Continental Congress

meeting that took place because "sons of liberty"/british made americans mad, so americans stopped trade w England

after meeting, british were mad, so they raided the colonist's weapons which led to Lexington & Concord

McCulloah vs Maryland

**us gov't always wins over state (Article VI)
- in this case, the gov't opened up a bank in Maryland, then Maryland decides to tax the people without the gov't's consent (under a gov't run bank)

- court decided that gov't always power (SUPREMACY CLAUSE)

Article II

Executive Branch

Impeachment Process

US gov't provides a system where the president can be kicked out from treason, bribery, and other high crimes

- Bill Clinton and Andrew Johnson

Executive Powers (Powers of President)

- foreign policy power
- legislative power: veto
- judicial power: appoint judges & justices

16th Amendment

income tax

21st amendment

repealed 18th amendment (alcohol allowed)

conflict of civil liberties vs civil rights

*main conflict is over religion
individuals vs individuals, and individuals vs society

Bill of Rights/14th Amendment

Through the 14th Amendment, the Bill of Rights have been applied to the states also

*the 14th amendment is how we apply the bill of rights

Three Citizen Protections

- equal protection
- due process
- privileges of citizenship

Privleges and Immunities Clause

citizens of one state cannot be discriminated in other states

Lemon Test

The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional

separationists

wants gov't to exclude all religion from gov't -- usually Supreme Court agree with separationists

examples:
- pledge of allegiance
- scopes trial/ monkey trial (evolution theory in school)
- Native Americans used drugs to practice religion, but was deemed constitutional because gov't couldn't interfere

Pornography/obscenity

one person's sexual life vs. safety of society

**MILLER TEST

Miller Test

1. Specific to location/STATE
2. Are they doing something ILLEGAL
3. SLAPS test: "fighting words"

serios, literacy, artistic, political or scientific

if it meets one criteria, it's legal

Libel

a written defamation (false statement) of someone

1. public figures should have lesser expectation of protection
2. only proved libel is "actual malice" is involved

example: preacher accused of losing virginity in a false advertisement

actual malice

proof of trying to take someone down

Third Amendment

citizens do not have to house/quarter soldiers in own home

Exclusionary Rule

evidence that is illegal obtained cannot be used

***MAPP VS OHIO

Miranda vs. Arizona

applied 5th amendment to arrest and interrogation

Miranda was arrested and interrogated without being told his rights/Miranda Rights; Miranda argued he wasn't told his rights, but the Arizona Court said that Miranda never asked for his rights; Arizona won and Miranda went to prison for 20-30 years

Gideon vs. Wainwright

Gideon accused of breaking in a building, and goes to jail because he was intimidated and didn't know he wasn't allowed to speak

In jail, Gideon did his research of studying the law, and then appeals his case to court; he got a fair trial w legal representation

Right to Privacy Cases

Griswold vs. Connecticut: Connecticut didn't allow birth control, but a married couple wanted to use it; Griswold worked w Planned Parenthood, so cases declared that couple had right to privacy

Roe vs. Wade

decided that abortion has right to privacy, reproduction is personal

Lawerence vs. Texas

gay sex in own home is legal, gov't can't interfere

13 colonies and early america

- land shared between British, Indians and Spanish

- British came to America to practice religion, become rich and own land because England didn't offer it

- Europeans and Indians did not get along

Coercive Act

British punished colonists of Boston because of tea party

Popular Sovereignty

rule by the people

Common Sense

*Thomas Paine
- a pamphlet calling for independence and power of the colonists

Articles of Confederation

document that created a bond for 13 colonies

Shay's Rebellion

Massachusetts was led by wealthy legislature who ignored the debt population --> the poor people raided armory --> this opened up the eyes of US leaders

Polyarchy

"rule by many"

- variety of views
- a lot of people = a lot of opinions
- competition

boston tea party

John Hancock and Samuel Adams threw it overboard --> British furious --> Intolerable Acts

John Locke

believes every citizen is born w natural rights

The Great Compromise

- two votes per state
- Virginia & New Jersey Plan
- 3/5ths Compromise

Virginia Plan

wanted an executive, and there would be one house and one vote/state

3/5ths Compromise

each slave counted as 3/5ths of a person

Article I

Congress

Congress Powers

Enumerated Powers
Necessary and Proper (elastic clause)

Necessary and Proper (elastic) Clause

congress can do what is necessary and proper to carry out enumerated powers

ex.: US gov't can open a bank, but Maryland/other states can't tax

Executive Branch Requirements

- 35 y/o
- Natural Born Citizen
- President is chosen by electoral college (democratic gov't)

Article III

the judiciary branch

judiciary requirements

- justices can serve as long as they remain on good behavior
- least dangerous branch because they don't have power of the PURSE or the power of the SWORD

power of the purse and power of the sword

purse: money
sword: war

Marbury vs. Madison

Jefferson vs Adams, Jefferson won, but before Jefferson was sworn into office, Adams passed the Judiciary Act so he could appoint judges (Marbury)


Marbury is w Adams, Madison is w Jefferson

Article IV

Full Faith & Credit Clause

Judicial Review

ability of courts to review laws made by congress, signed by the president, and decided whether they're constitutional or not

Full Faith and Credit Clause

the clause that requires that all decision/public records/rulings from one state be honored in every other state

examples: being arrested in one state, being married in one state

Article V

Amendment Process

PROPOSE an amendment

2/3 house and 2/3 senate

RATIFY and amendment

3/4 house and 3/4 house

18th amendment

prohibition (no alcohol)

TWO amendments NOT passed

1. ERA Amendment (Equal Rights Amendment): designed to give men and women equal rights (only 35/38 states approved)

2. Term Limits:
- limits on how long Congress terms
- people in Congress don't have limits
- states cannot put restrictions on federal gov't

27th amendment

- James Madison Amendment
- tells Congress that they can't vote after an election to raise the votes (Marbury vs Madison)

Article VII

Ratification of Constitution: 9/13 of states need to ratify

Civil Liberties

individual freedoms that place limitations on the powers of the gov't

example: freedom of speech/assembly/press/religions -- these freedoms restrict the gov't to punish people

Civil Rights

gov't action to secure citizenship rights to all members of society

example: right to vote, fair trial, public education

selective incorporation

application of Bill of Rights to the states through the 14th amendment on a case by case basis (depending on the case)

equal protection

idea that laws should apply to everyone

due process

everyone deserves fair treatment/consequences

ex.: arrest

First Amendment

Freedom of religion, speech, press, assembly, and to petition the government

Freedom of Religion

establishment clause and free exercise clause
1) establishment clause: prohibits national religion
2) free exercise clause: gov't cannot interfere w citizens' religion (unless violence)

**confliction: separation of church & state

separation of church and state

the only way for establishment and free exercise clause to work together into separate religion and state

(Thomas Jefferson came up w this)

accommodationists

wants to see gov't accommodate all religions

Freedom of Speech, Expression & Press

prior restraint: outlawing speech before it happens (supreme court doesn't like restraining speech before it happens)

THREE limits of speech

1. sedition
2. pornography/obscenity
3. libel

Sedition (and three tests)

speech that criticizes/harms the gov't, but citizens not punished for opinion

three tests:
1. bad tendency
2. clear and bad tendency (warnings of threat)
3. imminent lawless action (actual threat towards president)

Freedom to Assemble

supreme court says people have the right to assemble

example: rally of KKK --> if causes harm, its illegal

Second Amendment (not incorporated)

- original intent: in order to have a militia, you need the right to bear arms

- intent now: state militias are called national guard, and gun laws depend on the state you live in

Fourth Amendment (and examples)

search and seizure (and warrants); due process (found in 14th amendment)

examples/cases:
1) Automobile Exception: police can search a car without evidence because evidence is on wheels
2) Terry Exception: pat down searing for drugs, weapons or ID
3) Plain View: if evidence is in plain sight, cops can legally take it
4) Consent: if you give permission for cop to search, it's legal (house parties)
5) Exigent Circumstances: destroying evidence before cop can take it

search and seizure

prohibits police from arresting you/taking your stuff

probable cause (4th Amendment)

expectation that person/stuff is illegal or involved in a crime, so a warrant is not needed

warrant

permission for cop to search

Fifth Amendment

- pleading the 5th: self-incrimination
- Miranda Rights: right to remain silent & right to attorney

- protection against Double Jeopardy: being tried twice for the same crime (illegal)

civil law vs criminal law

if convicted of civil law, that's different than being convicted of criminal law

Due Process

every citizen gets same treatment, if not applied --> victim is let free

Eminent Domain

if gov't needs land, they can take any citizens' land, only if they pay you back

6th Amendment

right to a fair, speedy trial

Gideon vs. Wainwright

Due Process Amendments and Cases

fourth: Mapp vs Ohio
fifth: Miranda vs Arizona
sixth: Gideon vs Wainwright

Seventh Amendment

defunct

Eighth Amendment

no cruel and unusual punishment

how is the 8th amendment applied?

1) death penalty: legal at federal level, so the each state decided
2) mandatory sentencing: certain crimes have mandatory sentencing

two other right to privacy situations

1) abortion
2) gay sex

- Roe vs. Wade
- Bower vs. Hardwick
- Lawerence vs. Texas

NOT APPLIED PRIVACY: physician assisted suicide

Bower vs. Hardwick

right to privacy does not apply to gay sex (illegal)

Non Democracies

- Authoritarian: total gov't power, until problem, then people step in
- Oligarchy: rich people in power
- Theocracy: religious power (Vatican)
- Totalitarian: complete gov't power
- Monarchy: power of king/queen (passed down)

Polyarchy

"rule by many"

- variety of views
- a to of people = a lot of opinions
- competition

Inclusiveness vs Public Contestation

Inclusiveness: participation of many people
Contestation: competition

Exceptionalism

- belief that a nation is distinct from other nations and superior to other nations
- lack of socialism

social democracies (?)

focuses of collective market common good

individual democracies

focuses of individual rights

French and Indian War

British won --> French left North America, Spanish moved west of Mississippi

*British took over colonies, which led to Boston Tea Party (led by Samuel Adams)

First Continental Congress

meeting that took place because "sons of liberty/british" made americans mad, so americans stopped trade w England

after meeting, british were mad, so they raided the colonist's weapons which led to Lexington & Concord

definition of confederation

system where each state has its own power (no individual power)

constitutional convention

revision of articles of confederation

compromise: federalism

federalism

a political system is which states give up some power so the national gov't can step in (social contract)

French & Indian War

(7 years war, "Something Usual")

- Spain, France and England fighting over colonies
- England wins war, but now in debt
- France gets pushed to Canada, Spanish gets pushed south
- NA pushed west of Ohio River

french and indian war then...

french and indian war = british wins = colonies in debt = stamp act = riots

boston massacre

five people died because troops were stationed in Boston, then riots broke out and troops started shooting

Intolerable Acts

Coercive Acts/British completely overruled colonies

Lexington and Concord

shots heard around the world --> war breaks out