POL-100 Exam 1

What where the problems with the Articles of Confederation?

No power to tax, no power to sanction states (states free riding), and hard to congress to act (9/13 states needed)

What are checks and balances?

a system that allows one branch of government to limit the exercise of power by another branch; requires the different parts of government to work together

What are separation of powers?

the sharing of powers among three separate branches of government

what are the bill of rights?

the first ten amendments to the U.S. Constitution

types of powers and clauses

enumerated, commerce clause, necessary and proper clause, reserves power, implied power.

What are enumerated powers?

Powers expressed in the constitution.

What are reserves powers?

Powers not stated in the constitution and are therefore reserved for the states.

What is the commerce clause?

Congress can regulate interstate (between states) commerce/trade.

what is the necessary and proper clause?

congress can do what is necessary and proper to fulfill their enumerated powers even if it’s not stated in the constitution.

What needs to happen for congress to pass laws?

2/3rds of both houses of Congress & 3/4th of all states approve

what are the bill of rights (the 1st amendment)?

1st Amendment: Press, speech, religion, assembly and petition gov’t.

What the types of federalism?

dual federalism, cooperative federalism, and coercive federalism.

What is dual federalism?

Each level of gov has their own separate powers.

What is cooperative federalism?

The level of gov share certain powers. Powers overlap.

What is the supremacy clause?

No state law can violate the national laws.

what is coercive federalism?

federal gov getting the states to do what they want with punishments and rewards.

Plessy v. Ferguson (1896)

ruled that segregation is not un-constitutional.

Brown v. Board of Education (1954)

Overturned Plessy v Ferguson (1896), ruled segregation by the states is not constitutional.

U.S. v. Lopez

High school senior brought a gun to school, and charged under the gun free school zone act of 1990. Q: can congress regulate guns in shcool through the commerce clause. Decision: NO (5-4). Majority said, congress can’t infer guns impact on economy. Dissent said: relay on precedent.

This is important because it was the 1st big limit on congress commerce clause in 54 years.

What are civil liberties?

Rights guaranteed to us as citizens, gov can’t take those rights away.

what the freedom of speech exceptions?

Obscenity
• Child pornography
• Fighting words
• Defamation (libel & slander)
• Perjury
• Blackmail
• Inciting imminent violent action

Miller v. California (1973)

redefined obscenity to lacks “serious literary,
artistic, political, or scientific value”

What are civil rights?

Powers/privileges guaranteed to all via protection from the federal government.

What are the reconstruction amendments?

13th, 14th, and 15th amendments.

What is the 13th amendment?

banned slavery.

what is the 14th amendment?

“equal protection of the laws” no state shall take away rights to U.S citizens.

What is the 15th amendment?

protects voting rights

What are jim crow laws?

laws implemented enforcing de jure
segregation.

Shelley v. Kraemer (1948)

Q: Are court-enforced restrictive
covenants a violation of the equal protection
clause of the 14th Amendment?

A: YES! Judicial enforcement of the private covenant turned it into state action.

Burton v. Wilmington Parking Authority (1961)

Q: Does the coffee shop’s discriminatory
practice count as state action subject to the
equal protection clause of the 14th Amendment?

A: YES! the parking authority’s inaction—its failure to force the coffee shop to accept blacks as customers—counts as a failure to enforce the
proscriptions against segregation in the
Fourteenth Amendment. Failure to enforce the
proscriptions of the Fourteenth Amendment is
tantamount to state action.

What is the civil rights act of 1964?

To counter Jim Crow laws in the South, it
bars discrimination and segregation in
education, public facilities, jobs, &
housing. It created the Equal Employment
Opportunity Commission

What is the voting rights act of 1965?

It determined that racial discrimination in voting had been more prevalent in certain areas of the country. Section 4(a) of the Act established a formula to identify those areas and to provide for more stringent remedies where appropriate.