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Schenck vs US
Schenck thinks the US draft unconstitutional due to the 13th amendment
Encourages people to not listen to the draft by spreading pamphlets
US wins because this is considered clear and present danger to US
Brandenburg vs Ohio
KKK leader(Brandenburg) says they will seek revengeance
Brandenburg wins because revengeance is not specified and doesn’t present any danger
Tinker vs Des Moines
Kids show up to school wearing black armbands to protest the Vietnam war
They get suspended
Tinker wins because clothing is covered under free speech, it wasn’t a distraction, and the rule not allowing it was targeted
Morse vs Frederick
Students bring a banner saying “Bong Hits 4 Jesus”
They get suspended
Morse wins because the banner promoted illegal activity
Texas vs Johnson
Protest Reagan’s policies by burning an American flag
Texas has a law against burning important objects
Johnson wins because it was his property and is covered under symbolic protest
Passing a Bill
Idea
Draft it
Send to floor - if House goes into a hopper, if senate on a calendar
Committee
Sub committee
Committee
Floor - debate + vote
Other house
President
Filibuster
senate only
minority party only
kill a bill
3rd Party Canidates
Main parties are green and libertarian
Run to build following, stream views, raise money, and alter elections
Benefits of Congress
Salary = 173500
Pension
Insurance for life
Free “work” travel
congressional immunity
Labels for Democrats
Donkey
Blue
Left
Liberal/Progressives (definitely left)
Radical (all the way left)
Labels for Republicans
red
right
elephant
GOP
conservative (definitely right)
Reactionaries (all the way right)
Moderates
Middle Ground
Gerrymandering
Redraw district lines to favor a political party
Requirements to be a senator
Live in state you represent
Citizen for 9 years
30 years old
Requirements to be a Representative
Live in district you represent
citizen for 7 years
25 years old
Name of someone being represented
Constituent
Voting members in house/total members in house
435/441
Special Jobs of the house
Power of the Purse - all laws about money start in house
Impeach Officials
Decide elections if no one wins electoral college
Jobs of Senate
Trial - 67% for removal
→ for impeachment
→ Senators = jury
choose VP in same scenario
Abortion
Rep - pro life
Dem - pro choice
Gun control
Rep - bump stock ban, background checks, enforce current laws, against red flag laws
Dem - bump stock ban, assault weapons ban, ban on high capacity mags, pro red flag laws, universal background checks
LGBTQ Rights
Rep - Anti
Dem - Pro
Border
Rep - wall, more border agents, national guard at border, deport more illegals
Dem - Tech security, fund more border agents, deport criminals
Healthcare
Rep - get insurance from job or buy it yourself, or you don’t get it
Dem - Obamacare - job, yourself, or gov’t option, or no insurance
Spending
Rep - Police and Border
Dem - Education and Healthcare
Taxes
Rep - Cut taxes for weathy + corps
Dem - Increase taxes for wealthy + corps, close loopholes
Environment
Rep - Slow transition to renewables, pro coal, oil, natural gas
Dem - stronger laws, harsher penalties, renewable energy
Establishment Clause
- no official religion of the U.S
Free Exercise Clause
You can practice your religion however you want - as long as it is constitutional
Gov’t can punish you for saying
Threats
Encouraging crime
Perjury - lying under oath
Slander/Libel →Lies to damage someones reputation
releasing confidential info
blackmail
“fighting words”
Free Press
speak freely against gov’t
see all news
access to social media
little to no censorship
safety of journalists
Commander in Chief
Military decisions
Deploy Troops with Congressional Approval
War Powers Act of 1973
Threat to US = president can send troops to area for 60 days with 30 days for removal
POTUS must inform congress within 48 hours
After 60 days congress decides how long they stay.
AUMF
POTUS and send troops to fight those responsible for 9/11
Medal of Honor
Pick Advisors - secretary of defense
Chief Executive
Executive Orders
Most are used to enforce laws
Laws are generally pretty vague(not specific)
Getting rid of E.O.
Another president uses an E.O. to cancel
The Supreme Court can rule unconstitutional
Congress passes more specific law
Examples:
Emancipation Proclamation
E.O. 9066 -> Internment of Japanese Americans
Chief Diplomat
State dinners
*Negotiate the release of Americans
*Talking with foreign leaders
*Negotiate:
Trade
Alliances
Treaties
*Appoint Ambassadors
Sec. of State
Chief Legislator
Influence and shape the legislative process
Sign/Veto/Pocket veto bills
Recommend bills
Mediate compromise
Example: Raegan met with the White House Speaker regarding a tax bill
Chief of State
Figurehead
Medal of Freedom ceremony
Champions to White House
Turkey Pardon
White House Correspondents Dinner (“Nerd Prom”)
Example: Biden hosted a state dinner for the president of Kenya
Party Chief
Example: Reagan’s VP ran for president, and Reagan endorsed, helping him win |
Primary
Vote
Caucus
Meeting
Picking VP
Balancing the Ticket = Match weakness
Succession
VP
Speaker of the House
Pres. Pro Tempore
Secretary of State
Treasury
Defense
Electoral votes to win
270
Misdemeanor
less severe
simple, serious, and aggravated
Felony
more severe
A,B,C,D
Criminal Trial
Accused of breaking the law
Lose freedom +/or money
Bill of Rights
Guilty = “Beyond a Reasonable Doubt”
Civil Trials
Lawsuit
Lose money/property
7th Amendment, Witnesses, Fair Trial
Liability(Responsibility) = “Preponderance of the Evidence” (majority)
Supreme Court
1 chief justice (John Roberts)
8 associate justices -> Clarence Thomas, Samuel Leto, Sonyo, Elaina Cagen, Amy Barrett, Neil Goresch
To be on the supreme court you just have to be an American citizen