American Gov Unit 4 test

First step in the bill to law process

Introduce the bill

Second step

They read the Bill

3rd step

Sent to the committee where they debate, revise and/or kill the bill

What percent of bills die in the 3rd step

90%

4th step

It is sent back to the whole house

5th step

It is read and debated in the whole house

6th step

It is voted on by the whole house

7th step

The president signs it, vetos it, pocket vetos it, or the 10 day rule

What can congress do if the president vetos it

Congress can override the veto with 2/3rds vote in each house

What is a standard veto

The president vetos the bill, and congress is in session

What is a pocket veto

The president vetos the bill, and congress is NOT in session; the bill dies

What is the 10 day rule

The president has 10 days to sign, or veto the bill, on day 10, the bill becomes a law

What day does not count during the 10 day rule

Sundays

What is a Line item veto and is it constitutional

The president vetos PARTS of a bill and signs other parts. This is unconstitutional 

11th amendment

You can only sue the state you are a resident of

12th amendment

The President and vice president are voted in different ballots

13h amendment

The freedom of slaves

14th amendment

Established Equal protection under the law for all and said that slaves were legal citizens

15th amendment

Allowed African American men to vote

16th amendment

Established a Federal income tax

17th amendment

US senators are chosen by the people and not state legislators

18th amendment

Made alcohol illegal

19th amendment 

Gave women the right to vote

20th amendment

Established January 20th as presidential inauguration day

What was Presidential Inauguration Day before

March 4th

21st amendment

Legalized Alcohol; ended prohibition

22nd amendment

limited the president to 2 terms

23rd amendment

Citizens of DC gained the right to vote; 3 votes

24th amendment

Banned Poll Taxes; No one can ever be asked to pay to vote

25th amendment

Vice president takes office if something happens to the president like impeachment, Death or Incapacitation

26th amendment

Changed the voting age from 21 to 18

27th amendment

Congress cannot give themselves a pay raise once new legislative terms have started

What was the precedent of Marbury vs Madison

Established the power of judicial review

What is Judicial review

SCOTUS can declare laws constitutional or unconstitutional

Dred Scott vs Sanford summary

In 1857, Slave Dred Scott was taken into free territory and belied he was free

Dred Scott vs Sanford ruling

Slaves are property of the slave owner and therefore cannot be free no matter where they relocate to in the US. Ruled the Missouri Compromise 36-30 Line unconstitutional

Dred Scott vs Sanford Precedent

Slavery could now exist anywhere in the US

Plessy Vs Ferguson summary

African American bought a train ticket and sat in the white train. He was arrested and went to court using the 14th amendment

Plessy Vs Ferguson Ruling

Separate but Equal; Plessy did not win

Plessy Vs Ferguson Precedent

Segregation could exist legally in the US

Korematsu vs USA summary

He said that his 5th amendment right due process was violated by the Japanese Internment Camps created after the Japanese Pearl Harbor Attack

Korematsu vs USA Ruling and Precedent

Due Process/Eminent Domain does not apply because POTUS has expanded implied powers during wartime such as the power of internment

Precedent: Loss of rights during time of war

New Jersey vs TLO summary

2 girls were caught smoking in the bathroom at a school. One admitted it and the other denied. The Assistant principal searched her purse and found cigarettes and other illegal searches. TLO argues it was an illegal search and it violated her 4th amendment

NJ vs TLO Ruling and Precedent

Ruling: Search was legal and school officials can conduct it

Precedent: Student lose some privacy in school to foster safe environment 

Brown Vs Board of Education summary

In Topeka, Kansas, a black student named Linda Brown had to go to an all-black school, passing an all white school to get to it

Brown vs BOE ruling and Precedent

Ruling: Segregated schools violate the equal protection clause (14th amendment)

Precedent: Segregation in public is unconstitutional, Plessy vs Ferguson overturned

Mapp vs OH summary

Mrs. Mapp was accused of drugs and other illicit items but cops did not have a warrant for the search

Mapp vs OH ruling and Plain View Rule?

Ruling: Items found without a warrant cannot be used in court: exclusionary rule

Plain View rule: an exception to the 4th amendment that states in sight contraband can be seized without a warrant or probable cause

Engel vs Vitale Summary

Reciting the pledge and prayer was a requirement at school

Engel vs Vitale ruling and precedent

School sponsored prayer in school violates establishment cause (1st amendment). Gov cannot establish/organize religion but does not apply to private schools

Miranda vs AZ summary

Mr. Miranda was arrested after he self-incriminated himself during police questioning (5th Amendment)

Miranda vs AZ ruling and precedent

Miranda was released from prison

Police must tell you that you have the right to remain silent

Once you say you dont want to speak the questioning must stop

Gideon vs Wainwright summary

Gideon was accused and charged with robbing a store but state of Florida denied him his right to a lawyer (6th Amendment)

Gideon vs Wainwright ruling and precedent

Gideon must be released from prison

If you can’t afford a lawyer one will be appointed to you

Tinker vs Des Moines Summary

Student expelled from school for wearing armband in protest of Vietnam War

Tinker vs Des Moines ruling and Precedent

Ruling: The students were unjustly punished

Precedent: While speech in schools can be limited more than in the general public, students do not lose all speech rights. Speech that does not interfere with the school day is allowed.

NYT vs US Summary

Summary: NYT acquired classified info showing the US gov. was lying about the Vietnam War

NYT vs US ruling and precedent

Ruling: NYT is allowed to publish the info

Precedent: The ability of the government to censor the media - known as prior restraint - is basically never allowed. Amendment: 1st (Freedom of Press)

Schenck vs US summary

Schenck is arrested for encouraging people to disregard the military draft in WWl. He argues this violates his Freedom of Speech,

Schenck vs US ruling and precedent

USA detainment of Schenck is lawful

Creates the Clear and Present Danger test - speech that causes danger is not protected by the first amendment.

Worcester vs Georgia summary

Georgia wanted to remove Native Americans to increase room for white settlers. NA argue this violates prior treaties

Worcester vs GA ruling and precedent

GA is NOT allowed to remove N.A.

Precedent: President Jackson ignores the SCOTUS, allows GA to relocate the N.A. - Trail of Tears - establishes the fact that POTUS can ignore the SCOTUS