american politics test 2

article 1

legistlative branch, “the people’s house” is covered in:

congress

only ___ makes laws

Article 1, clause 3

Determines that the house of rep., etc is membership based, using the census

census

It determines the number of U.S. House of Representatives seats each state receives based on its population

Article 1, clause 4

the governor can temp. fill the seat of a representative

Article 1, section 3

there are two senators from each state, used to be chosen by legislature, but now chosen by popular vote

Article 1, clause 4

the vice president is president of Senate, and can be the final vote in a 50/50 tie

Article 1, clause 6

Senate has the power to try an impeachment, the house of representatives has the power to impeach

Article 1, clause 7

the only punishment in impeachment is removal from office, the legal system can try outside of congress

Article 1, Section 4

it is state responsibility to decide and conduct the time, place, manner of senator and representative elections

Article 1, section 6

senators are paid, you cannot be arrested on the way to Congress

the house of representatives, in section 7, clause 1

Who controls all bills for raising revenue, and all spending?

Article 1, section 8

the longest section, defines lawmaking authority of Congress

Article 1, section 8, clause 3

Congress has the authority to make laws on: commerce with foreign nations

Article 1, section 8, clause 4

Congress has the authority to make laws on: immigration + naturalization laws

Article 1, section 8, clause 5

Congress has the authority to make laws on: coining money

Article 1, section 8, clause 9

Congress has the authority to make laws on: tribunals

Article 1, section 8, clause 11

Congress can declare war

Article 1, section 9

What congress does not have the authority to do

Habeas Corpus

you cannot have guilt determined by law enforcement, you must be allowed a trial

bill of attainer

you cannot write a law that determines guilt

ex post factor

you cannot be arrested if the crime was legal when you did it

Article 1, section 9, clause 7

congress must pass bill/law to authorise spending

Article 2

Executive branch

Article 3

Judicial branch

Article 3, section 1

there is one supreme court, but congress may create smaller ones as needed

marbury v. maddison

the constitution doesn’t give ability to the judicial branch to interprent the constitution until this court case:

article 4

state-state relations

Article 4, section 3

Congress admits new states, which cannot be carved from old states, from combining states, or without the consent of the legislative branch

Article 5

the constitutional amendment process

article 6

the supremacy of the constitution

article 6, clause 3

no religious test can be required

establishment clause, in first amendment

where does it say in const. that there is no state religion?

1) government cannot have state religion, 2) no assisting or supporting any religion, 3) the government cannot favor one religion and must equally support all of them

in what ways is the establishment clause interpreted?

commercial speech, libel, slander, obscenity, and fighting words

what speech is not protected under the first amendment?

the boston massacre, where british military killed an assembly of protestors

where did the idea for freedom of assembly come from?

to keep order/restrict chaos

when can the government restrict freedom of speech

Near v. Minnesota

court case that declared the gov. cannot stop something from publishing when it is about to be published,

TPM: time, place, and manner restrictions

regulations regarding when, where, or how freedom of speech may occur

NYT v. US

court case where the gov. tried to stop publish of “pentagon papers,” that proved presidents were lying about Vietnam war. it declared prior restraint unconstitutional

prior restraint

government action that prohibits speech or other expression before the speech happens.

no, it was only said in debates during its writing

is “seperation of church and state” said in the constitution?

engel v. vitale

court case that declared there can be no official, gov. ordered, prayer in public schools

lemon v. kurtsman

case that struck down a state program that used cigarette taxes to help fund a religious school

not be for a secular purpose, the principal effect is not the advancement of the religion, and it cannot create a persistent connection between the church and state

the lemon test requires that for a religious school to receive gov. money, the money must:

burwell v. hobby lobby

court case that allowed companies to not cover contreceptives or abortion under their insurance because of religious beliefs

exclusionary rule

if law enforcement/gov. obtains information illegaly or forces you to confess, it cannot be used against you

false

there is a right to privacy in the constitution (t/f)

protect you against the government, and are listed in the constitution

civil liberties:

government needs to treat its persons equally, did not exist in the constitution from the beginning

civil rights:

1) demonstrations, sit in, peaceful protests

2) judicial, went to court to enact non-discrimination laws

3) lobbying, pressure congress members

3 strategies used in the civil rights movement

inherent characteristics

characteristics gained at birth

invidious discrimination

individual/societal discrimination based on malous and hate

hate crime

crime against someone based on inherent characteristics

Bostic v. Clayton County Georgia

extended Title 7 of civil rights act to gender and sexual orientation

redlining

practice where financial institutions draw geographic lines that they will not do business within → discriminate against minorities

1964 civil rights act, 1965 voting rights act, 1968 civil rights act

three laws the government responded to the civil rights movement with:

1964 civil rights act

equal employment opportunity, no discrimination in firing/hiring

1965 voting rights act

banned discrimination in voting access

1968 civil rights act

banned discrimination in housing, cannot deny housing to minorities

black codes

despite 13th and 14th amendments, blocked rights to minorities

jim crow laws

despite 13th and 14th amendments, legal segregation

De jure segregation

segregation supported by laws (south)

de facto segregation

segregation not supported by laws (north)

white primary

a primary election where party nominees are only selected by white voters

plessy v. ferguson

declared segregation constitutional, “separate but equal”

Brown v. Board of Education

overturned plessy v. fergeson, declared “separate but equal” as violating the equal protection clause in the 14th amendment

purging roles

removing names from registered voter list