American Gov't CLEP

Roe v. Wade

Short therm: Legalized abortion

Determined that the gov't can't restrict a woman's ability to get an abortion after the first trimester.

What was the decision of Roth v. United States?

Determined that obscene material is not protected by the First Amendment

Miranda v. Arizona

Stated that individuals who were arrested were supposed to be informed of their Constitutional rights.

Baker v. Carr

One man, one vote

Nix v. Hedden

Determined that a tomato was classified as a vegetable, not a fruit.

Why? Tariffs.

Plussy v. Ferguson

Supported the idea of "separate but equal" in relation to segregation.

Schenck v. United States

The Supreme Court decides that actions that pose a "clear and present danger" to the public or the government aren't allowed, which can limit free speech.

Pierce v. Society of the Sisters of the Holy Names of Jesus & Mary

Pierce → Private schools

Oregon passed a law requiring almost all children to attend public schools. Private schools, including Catholic schools, would essentially be forced to close.

Two private schools challenged the law, arguing that the government was interfering with parents' ability to decide how to educate their children.

Lemon v. Kurtzman

Test that can be used to determine the Constitutionality of acts related to education and religion.

Marbury v. Madison

Maebury: Judicial Review

The case established that the Supreme Court has the power to review laws and government actions and declare them unconstitutional.

McCulloch v. Maryland

Congress created the Second Bank of the United States.

Maryland didn't like the federal bank and passed a law imposing a tax on the bank.

James McCulloch, who worked at the bank, refused to pay the tax.

The case went to the Supreme Court.

Supreme Court said: Congress can do what's necessary, and states can't interfere.

Dred Scott v. Sanford

1857 Supreme Court decision that stated slaves were not citizens: slaves were property no matter where they were living, and that the Missouri Compromise was unconstitutional.

Lochner v. New York

Lochner → Labor hours → Liberty to contract

The Supreme Court ruled that states could not limit the number of hours worked per week...

Gibbons v. Ogden

The Supreme Court affirmed that Congress had the right to regulate interstate commerce.

Korematsu v. United States

A 1944 Supreme Court decision upheld the gov'ts legal right to order Japanese citizens inTo internment camps during WWII.

Hawaii Housing Authority v. Midkiff

This is a Supreme Court case about the government's power to take private property for "public use."

Bowsher v. Synar

The Supreme Court ruled that Congress could not control the Comptroller General while he enforced budget cuts because enforcing laws is an executive power, and Congress cannot control executive powers.

Garcia v. San Antonio Transit Authority

Garcia = Federal government can regulate state/local governments.

The Supreme Court affirmed that Congress has the right to impose minimum wage and overtime pay.

Bowers v. Hardwick

The Supreme Court ruled that the Constitution did not protect private consensual same-sex sexual activity (making it illegal), but this decision was later overturned by Lawrence v. Texas (2003).

incumbent

A person who currently holds an office.

Federalism

A gov't system in which each citizen is subject to two gov'ts. In the U.S., it is the Federal and state gov't.

Jim Crow Laws

Jim Crow Laws: State and local LAWS that enforced racial segregation and discrimination against Black Americans, especially in the South, under the idea of "separate but equal" (the case).

Lemon Test

Lemon Test: A three-part test from Lemon v. Kurtzman used to determine whether government involvement with religion violates the Establishment Clause.

Elastic Clause

Elastic = Congress's powers can "stretch" beyond the powers specifically written in the Constitution.

The Elastic Clause is another name for the Necessary and Proper Clause, found in Article I, Section 8 of the Constitution.

It allows Congress to make laws that aren't specifically listed in the Constitution but are necessary and proper for carrying out its expressed powers.

We the People Clause

Another name for the Preamble to the Constitution

Uniformity Clause

Declares that all taxes must be uniform throughout the United States

Reserved Powers Clause

Powers and rights not given to Congress by the Constitution are held by the states and citizens.

Comity Clause

Explains that citizens of one state have the same rights as citizens of other states.

Guarantee Clause

The Constitution requires the federal government to guarantee every state a republican (representative) form of government.

Categorical Grant

Federal money is given to states for a specific purpose.

The federal government gives a state money, but the state must use it for a specific program or purpose set by the federal government.

Block Grant

Federal money given to states for a broad purpose, with more freedom in how they spend it.

Example:

The federal government gives a state money for healthcare.

The state can decide how to spend that money on different healthcare programs.

Hard money contributions

Hard money is money directly given to a candidate or political party to support an election campaign.

Soft Money Contributions

Money given to political PARTIES for general party activities, rather than directly to a specific candidate.

Implied Powers

Powers NOT specifically written in the Constitution that Congress has because they are necessary and proper for carrying out its expressed powers.

Express Powers

Powers that are specifically WRITTEN in the Constitution and given to the federal government.

Establishment Clause

The government cannot establish or officially support a religion

The government cannot declare Christianity, Islam, Judaism, or any other religion the official U.S. religion.

Memory trick:

Establishment = Government establishing religion → NOT allowed.

Writ of Habeas Corpus

A court order requiring the government to justify why a person is being held in custody, protecting against unlawful imprisonment.

Reapportionment

Reapportionment = Re-dividing House seats based on population after each census.

Gerrymandering

The practice of drawing electoral district boundaries to give a political party or group an advantage in elections.

Manipulating those lines to gain a political advantage.

Realignment

Voters "realign" themselves with a different party.

A political realignment happens when large groups of voters change which political party they usually support, often changing which party dominates elections for a long period.

Eminent domain

Power of a government to take private property for public use.

Litigation

Memory trick: Litigation = Legal fight in court.

The process of bringing and resolving a dispute through the court system.

Mugwumps

Voters who opposed corruption and refused to support their party's presidential candidate.

Voters who do not identify themselves with anu one party because of it.

Logrolling

Politicians agreeing to support each other's bills or projects.

Memory trick:

"You scratch my back, I'll scratch yours" in politics.

A grant that is awarded to a state for general use in education is a

Block grant.

Who generally has more power in the State?

President pro tempore.

The court case of Miranda v Arizona resulted in

Citizens being reminded of their rights when arrested.

When was the Constitutional Convention held?

Independence Hall, 1787. The Declaration of Independence was signed in the same place 11 years prior (1776).

Which of the following is NOT true of fundraising in political elections?

All of the above.

The Iron Triangle typically refers to

Congress, interest groups, and bureaucratic agencies.

Which amendment protects against quartering soldier troops?

3rd Amendment

Which governmental branch has the right to declare war?

The legislative branch, specifically Congress, has the authority to declare war according to the US Constitution.

What is Writ of Certiorari?

Is a legal order issued by a higher court to review a lower court's decision. It is commonly used by the Supreme Court to select cases for review.

An incumbent representative is

An elected official currently holding office.

Social contract theory is the view that a person’s political and moral obligations depend on a “contract” formed by the society in which they live.

Protection of property.

Which case established that state enforced segregation was legal?

Plessy v. Ferguson

The president must be a natural born citizen of the U.S. and reside in the U.S. for how many years?

14

Which of the following cases promtes the power of the Federal Gov’t over state gov’ts by declining the right of the state’s to tax the national bank?

MuCulloch v. Maryland.

Who argued for balanced gov’t powers?

Baron de Montesquieu.

Stare decisis is closely related ti what principle?

Precedence. Latin for “to stand by things decided.” The Court generally stands by decisions it has previously made.

Federal district court judges are nominated by

The President.

Which Amendment prevents the President from being elected twice.

22nd Amendment. Ratified in 1951, it limits a person to two terms as President of the United States.

What is the difference between civil liberties and civil rights?

Civil liberties are a protection against negative gov’t action, civil rights are positive action’s the gov’t takes on citizen’s behalf.

What is the goal of affirmative action?

Reducing discrimination and promoting diversity in education and employment.