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scotus cases, amendments, essential documents, etc
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1st amendment
freedom of religion, speech, press, assembly, and petition
cloture
2/3 majority ends a filibuster (remember filibusters are ONLY in the Senate)
pocket veto
if Congress adjourns within the 10-day period and the president does not sign the bill, it is automatically vetoed, and the veto is absolute.
2nd amendment
right to bear arms
3rd amendment
quartering of soldiers
4th amendment
search and seizure ( Protects individuals from unreasonable searches and seizures by requiring warrants, based on probable cause, to be issued by a judge.)
5th amendment
rights of the accused are protection against double jeopardy, self-incrimination, and due process
6th amendment
right to a fair trial
7th amendment
trial by jury in civil cases
8th amendment
cruel and unusual punishment
9th amendment
there are unenumerated rights/rights not in the constitution
10th amendment
powers that the fed gov doesn’t have are reserved to the states and the people
11th amendment
suits against states: prevents citizens of one state or foreign nations from suing another state in federal court
12th amendment
separate ballots required for prez and vp (b/c of issues in the 1800 election)
13th amendment
abolition of slavery
14th amendment
equal protection and due process
15th amendment
voting rights for all regardless of race, color or previous condition of servitude (now african american men can vote)
16th amendment
congress can now levy an income tax on individual’s earnings
17th amendment
direct election of U.S. senators by the people of each state (no longer appointed by state legislatures )
18th amendment
prohibition of the manufacture, sale, or transportation of alcoholic bevs
19th amendment
women’s suffrage
20th amendment
inauguration date of the prez = jan 20, new dates for the start of congressional terms
21st amendment
no more prohibition/18th amendment
22nd amendment
Prez can’t have >2 terms in office
23rd amendment
grants citizens of D.C. the right to vote in elections by awarding them electoral votes
24th amendment
abolition of poll taxes
25th amendment
Establishes procedures for presidential succession and addresses presidential disability and temporary transfer of power.
26th amendment
lowers voting age to 18 (people upset that they can get drafted but can’t vote)
27th amendment
Restricts Congress from passing laws that immediately change its members' salaries, ensuring transparency and accountability.
establishment clause
prevents the government from establishing or favoring a religion
free exercise clause
protects individual’s right to practice their religion w/o government interference
strict scrutiny
highest level of judicial review; if a law infringes upon a fundamental right the government must have a compelling state interest to justify its execution
the exclusionary clause
prohibits the introduction of illegally obtained evidence in court
popular sovereignty
government derives its power to govern from the people
participatory democracy
power in a democracy is based on the participation of individual citizens
pluralist democracy
power in a democracy is largely in the hands of organized groups of citizens who fight for a common goal (e.g. interest groups)
elite democracy
wealthy and educated elite are those who hold the real power in a democracy
Articles of confederation weaknesses
no power to tax or command troops
Federalist 10 main point
large republic is the best way to control the danger of factions
what is a faction
groups of people sharing a common belief that threatens the rights of other citizens or community interests
brutus 1 main point
anti-federalist perspective, argued for a small, decentralized government, large republic can’t meet the needs of all citizens. cited necessary and proper clause and supremacy clause as making the national government much more powerful than the states
federalist 51 main point
separation of powers and checks and balances prevent any branch from getting too powerful
what is federalism
division of powers between national and state governments
necessary and proper clause/elastic clause
gives congress the ability to expand national power
mcculloch vs. maryland 1819
Maryland tried to tax the National Bank. SCOTUS ruled that the Supremacy clause states that fed law > state law when the 2 are in conflict. also created implied powers
what are implied powers
gives congress the power to do things needed to implement enumerated powers
US v. lopez 1995
Lopez brings gun to school violating GFSZA (Gun free school zones act). SCOTUS struck down GFSZA b/c congress overstepped its power by citing the commerce clause. bringing gun to school doesnt constitute interstate commerce.
commerce clause
Congress can ONLY regulate interstate commerce (not within a state like in us v. lopez)
categorical grants
money given to states required to be spent in a federally mandated way
block grants
money given to states that they can spend how they wish
funded vs. unfunded mandates
a mandate is a federal requirement to a state; the fed gov can either fund the mandate or not
republicanism
Political power is exercised by elected representatives who act on behalf of the people
social contract
citizens agree to form a government that serves them, agree to follow its laws
how many representatives are there
435
when is hor re-elected
every 2 years
how often can a state redistrict
every 10 years
what is gerrymandering
redistricting that gives the majority political party an advantage in future elections
Baker v. Carr 1962
began the 1 person, 1 vote doctrine. courts can hear challenges to redistricting based on claims of equal protection violations (not a political question, it’s justiciable)
Shaw v. Reno 1993
race-based gerrymandering = unconstitutional
number of senators and re-election process?
100 senators, 2 from each state. serve 6 year terms, 1/3 of the senate up for re-election every 2 years.
article 1 section 8 of the constitution outlines the powers of congress which are…
power to tax, declare war, borrow money, regulate commerce, raise an army, establish post offices
congress main power?
power of the purse (control over funding and gov spending)
special power of the hor?
can initiate tax and spending bills
special power of the senate?
confirms presidential appointments and ratifies treaties
pork barrel legislation
lawmakers pass specific bills to help the place they represent by acquiring funding (“bringing home the bacon! for the people that elected them“)
delegate model of congressional representation?
congressperson makes decisions based off of the wishes of the people that elected them
trustee model of congressional representation?
congressperson makes a decision based on their own judgement
politico model of congressional representation?
congress person sometimes uses delegate model, sometimes trustee model
federalist 70 main points?
unitary and thus strong, energetic executive
war powers act 1973
requires that Congress be notified within 48 hours of troop deployment and that troops be brought home after 60 days without formal Congressional approval (this was done to limit the power of the president)
what can presidents do
command the military, sign treaties w/other countries, executive orders, political appointments
what is a bully pulpit
terrific platform from which to advocate an agenda (thanks teddy roosevelt!)
fed 78 main point?
judicial branch = weakest, works best when judges have lifelong tenure (on the condition of good behavior)
Marbury vs. madison 1803
courts have the authority of judicial review, they can deem actions taken by the other branches as unconstitutional
stare decisis
precedent (literally latin for “to stand with the things having been decided”)
judicial restraint
judges ought to interpret constitution strictly!
judicial activism
judges ought to protect the rights of the people even if they aren’t explicitly stated in the Constitution
spoils system
nepotism
discretionary authority
bureaucracy can interpret how to implement congress’ laws
what is the iron triangle
relationship between Congressional committees, bureaucratic agencies, and interest groups
selective incorporation
certain parts of the bill of rights also applies to state governments (originally BOR only prevented the nat’l gov from infringing upon people’s rights but now expanded so states cant either in specific situations)
due process clause of the 14th aMendment
protections for our civil liberties against the abuse of power by the government
equal protection clause
protection for our civil rights against discrimination based on race, religion, gender, etc
tinker vs. des moines 1969
symbolic speech is protected by the first amendment in schools as long as it doesn’t pose a “substantial and material disruption” to education
schenck vs. us 1919
speech can be limited in times of war or when it poses a “clear and present danger”
engel vs. vitale 1962
school sponsored prayer (even if its non denominational) violates the establishment clause
wisconsin vs. yoder 1972
amish family fined for not having their kids go to high school. claimed it interfered w/religious practices. free exercise (of religion) can’t be interfered w/unless there’s a compelling gov interest (in this case, the religious reasons outweighed the benefits the kids would receive from going to school)
ny times vs. us 1971
efforts to prevent the publication of “classified materials” is unconstitutional. it doesn’t pose a significant threat to american troops so you can’t use prior restraint
prior restraint
censorship
mcdonald vs. chicago 2010
incorporated the 2nd amendment to state governments (fed gov can’t infringe, state gov can’t either now). based on 14th amendment due process clause (states cant infringe upon rights)
gideon vs. wainwright 1963
scotus incorporated 6th amendment right to an attorney to the states.
civil rights act of 1964
prohibits discrimination based on race, color, religion, sex, or national origin
voting rights act of 1965
removed discriminatory voting practices
brown v. board of education 1954
separate but equal = unconstitutional. segregation = unconstitutional under the 14th amendment’s equal protection clause
what is liberalism
government regulates the economy, policies that are beneficial for the public good, less gov interference in private lives
what is conservatism
less gov regulation of the economy, want laissez-faire (no gov involvement in the free market)
what is libertarianism?
limited government & gov influence on economy and social issues
supply side economics
cut taxes on the wealthy to help the poor (trickle down effect), favored by the republican party
keynesian economics
increase gov spending to stimulate the economy, favored by the democratic party
horse race journalism
type of political journalism that focuses on the competition and strategies of political campaigns, rather than the issues and candidates.