PoliSci Baylor Steve Block Final Exam

what year was Brutus 1 written?

1787

who wrote Brutus 1

Robert Yates

what did Brutus 1 address?

it was a document that stated the fundamental issues surrounding the establishment of a federal government

what was the question answered in Brutus 1?

Could widely dispersed and diverse people be united under one government without sacrificing the blessings of liberty and self-government?

what year was Federalist 10 written?

1787

who wrote Federalist 10?

James Madison

what is the question answered in Federalist 10?

does the constitution provide a remedy for the problem of faction? If so, how does it do this?

what is the answer to the question in Federalist 10?

it does not remove the causes of faction (by limiting liberty or producing sameness of interests, sentiments, and opinions), but the constitution seeks to control the effects of the faction through representation

what was the reasoning behind the answer in Federalist 10?

the advantages of representation are: refined through election (choose best candidate) and extend over large territory (the larger the house the harder it is to corrupt)

what year was Federalist 78 written?

1788

who wrote Federalist 78?

Alexander Hamilton

what question is answered in Federalist 78?

why do federal judges have tenure during good behavior? (this is a direct response to Brutus 15)

what is the answer to the question in Federalist 78?

they are independent from other branches and from the people (so less corruption because of reelection) and it is an incentive for qualified judges to desire to join the Supreme Court (always have a job)

what is the reasoning behind the answer in Federalist 78?

we need courts to have power because the power of the judicial branch keeps the other branches in check.

what year was Brutus 15 written?

1788

who wrote Brutus 15?

Brutus (duh)

what is the question asked in Brutus 15?

which branch, if any, should have the power to interpret the constitution?

what is the answer to the question asked in Brutus 15?

the branch chosen by the people (legislative)

what is a short summary of the arguement in Brutus 15?

The tenure during good behavior was adopted from the British system, but having federal courts that are independent of the people (not chosen by them) is unnecessary and dangerous!

what is Jefferson's opinion on the constitutionality of the bank?

there is no constitutional authority to incorporate a national bank of 1791

what was jefferson's reasoning in this?

there was not:

-a tax to pay debts

-a regulation of commerce amongst the states

-"proving for the general welfare"

-"necessary and proper" for executing any of these enumerated powers

what year was McCulloch v Maryland

1819

who wrote the opinion in McCulloch v Maryland

Marshall

what was the question in McCulloch v Maryland

did congress have the authority to establish a bank? was it unconstitutional for Maryland to have a tax on the bank? Did congress have the constitutional ability to create a bank?

what was the opinion of the court in McCulloch v Maryland?

Marshall stated that:

what year was pierce vs society of sisters?

1925

who authored the court's opinion in pierce vs society of sisters?

Justice McReynolds

what are the facts of the case Pierce vs Society of Sisters?

in 1922, the Oregon state legislature enacted the compulsory education act, which required children between the ages of 8 and 16 to attend a local public school, and attendance at private schools did not satisfy this requirement. The SOS was a Catholic school, and sued on the grounds that this was an infringement on their own property rights and the parental right to direct the education of their children without due process.

what was the question raised in Pierce vs Society of Sisters?

was this law a deprivation of "liberty without due process of law" in violation of the 14th amendment?

what was the opinion in Pierce vs Society of Sisters?

the fundamental theory of liberty upon which all governments in this union repose excludes any governmental power of the state to standardize its children by forcing them to accept instruction from public school teachers/ The child is not the mere creature of the state; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations

what year was Griswold v Connecticut?

1965

who wrote the majority opinion in Griswold v Connecticut?

Justice Douglas

what were the facts in the case Griswold v Connecticut?

Connecticut law generally criminalized the possession, sale, or distribution of contraceptives, including for married persons. Griswold was convicted under statute for violating the law by providing medical counseling and treatment for the purposes of providing contraception

what is the question in Griswold v Connecticut?

is a state law prohibiting the distribution and use of contraceptive advice and materials a violation of the constitution in as much as it infringes on a "right to privacy"

what was the answer to the question raised in Griswold v Connecticut?

Douglas said: "specific guarantees in the Bill of Rights have penumbras formed by enumerations from those guarantees that help give them life and substance. various guarantees create zones of privacy", conclusion: Decisions regarding child-bearing within the martial relationship are within the sphere of privacy afforded by the "penumbras" of the Bill of Rights

what year was Roe v Wade?

1973

who wrote the majority in Roe v Wade?

Blackburn

what were the facts of the case Roe v Wade?

Roe, a texas resident, sought to terminate her pregnancy by abortion. Texas law prohibited abortions except to save the woman's life.

what was the question raised in Roe v Wade?

does the constitution embrace a woman's right to terminate her pregnancy by abortion?

what is the answer to the question in Roe v Wade?

the court held that a woman's right to an abortion fell within the right to privacy (recognized in Griswold v Connecticut) protected by the 14th amendment. The decision gave a woman total autonomy over the pregnancy during the first trimester and defined different levels of state interest for the second and third trimesters.

what year was Planned Parenthood v Casey?

1992

who wrote the majority opinion in Planned Parenthood v Casey?

O'Connor, Souter, and Kennedy

what were the facts of the Planned Parenthood v Casey case?

Pennsylvania enacted a statute requiring that women seeking an abortion give their informed consent prior to receiving an abortion.

what were the rules that were wanting to be established in Planned Parenthood v Casey?

Planned Parenthood wanted to make it required that:

there had to be a 24 hour waiting period before receiving an abortion (unless an emergency); Doctors had to provide information about the abortion, including the status of the fetus, to the woman seeking an abortion/ inform about establishing their paternity; there had to be parental consent (with judicial bypass provision); lastly, there had to be a spousal notification (with numerous exemptions)

what was the question in Planned Parenthood v Casey?

Did these provisions violate the 14th amendment by depriving a woman seeking an abortion of liberty without due process of law? Should Roe be upheld?

what was the answer to the question in Planned Parenthood v Casey?

Yes and No. The answer discards the trimester framework/ strict scrutiny of abortion regulations. It preserves the central holding of Roe. It established an "undue burden" test for abortion regulations.

what year was Brown v Board of Education?

1954

who wrote the majority opinion in Brown v Board of Education?

Justice Warren

what were the facts in the case Brown v Board of Education?

African American minors had been denied admittance to certain public schools based on laws allowing public schools to be segregated by race. They argued that such segregation violate the Equal Protection Clause of the 14th amendment.

what is the question in Brown v Board of Education?

does the segregation of public education based solely on race violate the Equal Protection Clause of the 14th amendment?

what is the answer to the question asked in Brown v Board of Education?

separate but equal educational facilities for racial minorities is inherently unequal, violating the Equal Protection Clause of the 14th amendment.

what year was Richmond v Croson?

1989

who wrote the majority opinion in Richmond v Croson?

Justice O'Connor

what are the facts of the case Richmond v Croson?

in 1989, the City Council of Richmond, Virginia adopted regulations that required companies awarded city construction contracts to subcontract 30 percent of their business to minority business enterprises

what was the question raised in Richmond v Croson?

Did the Richmond law violate the Equal Protection Clause of the 14th amendment?

what was the answer to the question asked in Richmond v Croson?

the court held that "generalized assertions" of past racial discrimination could not justify "rigid" racial quotas for the awarding of public contracts. the 30 percent quota could not be tied to "any injury suffered by anyone" and was impermissible employment of a suspect classification.

what year was Grutter v Bollinger?

2003

who wrote the majority opinion in Grutter v Bollinger?

Justice O'Connor

what are the facts of the case Grutter v Bollinger?

in 1997, Barbara Grutter, a white resident, applied for admission to the University of Michigan Law School. She was denied admission. The Law School admits that it uses race as a factor in making admissions because it serves a "compelling interest in achieving diversity among its student body"

what is the question raised in Grutter v Bollinger?

does the University of Michigan Law School's use of racial preferences in student admissions violate the Equal Protection Clause of the 14th amendment or Title of the Civil Rights Act of 1964?

what is the answer to the question Grutter v Bollinger?

No, the court held that the E.P.C. does not prohibit the Law School's narrowly tailored use of race in admissions decisions to further a compelling interest in obtaining the educational benefits that flows from a diverse student body.

what is "the extended republic"

the larger the government the less the corruption

what is a "strict construction" of the constitution?

the belief that the government is limited to powers clearly stated in the consitution

what is strict scrutiny?

The government must demonstrate that the distinction is necessary to protect a compelling interest and that the distinction is narrowly tailored to discriminate no more than is absolutely necessary. Used in race or national origin discrimination.

what is intermediate scrutiny?

this is applied in cases involving discrimination based on gender or legitimacy. substantially related to an important actual purpose (narrowly tailored) and there has to be burden of proof

what is rational basis?

there has to be a legitimate government interest. policy means are "rationally-related" to the policy purpose

what is suspect legal classification?

uses strict scrutiny, involves race, origin, and religion. it requires that the government has a compelling interest for treating people different.

what is quasi-suspect legal classification?

uses intermediate scrutiny. involves gender, age and class

what is non-suspect legal classification?

uses rational basis. involves age, wealth and disability

what is the doctrine of incorporation?

when the court applies the bill of rights to the states by the 14th amendment

what is substantive due process?

due process clause places limits on the content of legislative enactments. legislation the show good reasons for limiting life liberty and property.

what is the undue burden test?

discarded Roe's three trimester framework. used instead of strict scrutiny. the purpose/effect in placing substantial obstacle in a woman receiving an abortion

What is the Sherbert Test?

used in determining on granting or denying unemployment compensation. must determine whether a person has a claim involving sincere religious belief and whether the government action is a substantial burden on the person's ability to act on that belief

what must the government prove in the sherbert test?

that it is acting in furtherance of a compelling state interest and that it has pursued their interest in the manner least restrictive for lease burdensome to religion

what is the secular religion rule (free exercise clause)?

stipulates that if governmental action serves a valid and predominately secular purpose, it can be enforced against a free exercise claim, even if it imposes a particular burden on the practice of religion.

what does article 1 section 1 say?

VESTING CLAUSE: all legislative powers herein granted shall be vested in a congress of the US which shall consist of a senate and house of representatives

what does article 1 section 8 say in the constitution?

there's power over commerce with foreign nations, among the states, and with indian tribes. this includes tax, spending, and the necessary and proper clause

what does article 2 section 1 say?

the executive power shall be vested in the president of the united states.

what is the vesting clause in article 2?

the executive power shall be vested in a President of the US

what does article 2 section 2 say?

the president shall be commander in chief and the presidents power to remove comes from the power to appoint

what does article 2 section 3 say?

states the presidential duties

what is the vesting clause in article 3?

the judicial power of the US shall be vested in one supreme court, and in such inferior courts as the congress may from time to time ordain and establish.

what is the establishment clause in the first amendment?

congress shall make no law respecting an establishment of religion

what is the free exercise clause?

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof

what is amendment 9?

anything not directly stated in the bill of rights can still belong to the people

what is the 10th amendment?

any powers not given to the national government or denied to the states, belong to the states.

what is the 14th amendment

granted citizenship to "all persons born or naturalized in the United States," which included former slaves recently freed.

what is section 1 of the 14th amendment?

contains the due process clause and the equal protection clause

what is the due process clause in the 14th amendment?

Nor shall any state deprive any person of life, liberty, or property without due process of law

what is the equal protection clause in the 14th amendment?

Nor deny to any person within its jurisdiction the equal protection of the laws

what did these cases have to deal with?

Lochner v New York

West Coast Hotel v Parrish

Pierce v Society of Sisters

Griswold v Connecticut

Roe v Wade

Planned Parenthood v Casey

the 14th amendment Due Process (liberty of contract and the right to privacy)

what did these cases deal with?

Plessy v Ferguson

Brown v Board of Education

Richmond v Croson

Grutter v Bollinger

the 14th amendment Equal Protection Clause

what did these cases deal with?

Sherbert v Verner

Oregon v Smith

the first amendment religious freedom

when was NFIB v Sebelius?

2012

what are the facts of NFIB v Sebelius?

in 2010 congress adopted the ACA which instituted new regulations to the healthcare insurance market. The two reforms at issue in this case were the individual mandate that required individuals to maintain a minimum level of health insurance, and penalties were imposed for non-compliance

what were the questions raised in NFIB v Sebelius?

did congress have authority from the powers delegated to irt in article 1 section 8 of the constitution to require individuals to purchase health insurance? did congress exceed it's spending powers through the conditions attached to the medicaid expansion?

who wrote the majority opinion in NFIB v Sebelius?

Justice Roberts

what was the answer to the question in NFIB v Sebelius?

under its powers to regulate commerce among the several states, congress was not granted the authority to require or mandate the purchase of health insurance.

what year was Lochner v New York?

1905

who wrote the majority opinion in Lochner v New York?

Justice Peckham