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MGMT 211 Swim > Chapter 2 > Flashcards

Chapter 2 Flashcards

1
Q

How does the constitution divide power between Federal and State level

A

10th Amendment Reserved Powers Clause

-gives powers not specified to Fed. Gov’t to States

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2
Q

What was the system of Government in place for the Colonies originally and how long did it work?

A
  • Virginia House of Burgesses
  • 140 years
  • Gave colonies Self-Governing power
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3
Q

Why did the Virginia House of Burgesses begin to fail?

A
  • French and Indian War costly (1756-1763)

- British Tax colonies

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4
Q

Original series of Taxes British imposed on colonies?

A 
Sugar Act of 1764
 -wine, coffee, sugar
Stamp Act of 1765
 -all paper goods
Quartening Act
 -colonists had to pay for troops living in their house
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5
Q

How did Sons of Liberty respond to British’s Sugar Act of 1764, Stamp Act of 1765, and Quartering Act?

A
  • Burned British Governor’s home

- threatened British Tax Agents

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6
Q

Boston Massacre?

A
  • colonial mob taunts British soldiers

- 5 colonists killed

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7
Q

British Response to Boston Massacre?

A
  • lifted taxes

- kept tax on tea

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8
Q

King George’s response to Boston Tea Party?

A 
Coercive Act
 -named Intolerable Acts by colonists
Sent 4,000 more troops to U.S.
Naval Blockade on Boston Harbor
 -economic burden on Boston
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9
Q

When did the Revolutionary War begin? Shot heard around the World?

A

April 19, 1775

-Lexington and Concord Massachusetts

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10
Q

Common Sense author? What did it say?

A
  • argued against peace with British

- Thomas Paine

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11
Q

Date that Independence was agreed upon and passed?

(this was done during Second Continental Congress)

A

June 7, 1776
Richard Henry Lee of Virginia enters resolution
July 4, 1776
Declaration of Independence passed as Thomas Jefferson as author

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12
Q

What was the Chaotic Period?

A

1781 to 1789 of Articles of Confederation

  • govt couldn’t tax
  • trade barrier among states
  • govt couldn’t finance military
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13
Q

Constitutional Convention?

A
  • Articles replaced with Constitution
  • led by George Washington
  • High educated attendees with diverse views
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14
Q

Who showed up to the Constitutional Convention? What was the date? Where was it?

A
  • 55 representatives from 12 states (Rhode Island no show)
  • May 25, 1787
  • Annapolis Maryland
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15
Q

Debate during the Constitutional Convention?

A

Virginia Plan v.s. New Jersey Plan

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16
Q

Differences between Virginia Plan and New Jersey Plan?

A 
Virginia Plan
 -James Madision
 -favored large states
 -3 branches of government
New Jersey Plan
 -favored small states
 -wanted to fix articles
 -one House, one vote per state
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17
Q

Connecticut Compromise

A

Great Compromise between Virginia Plan and New Jersey Plan

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18
Q

Author of Constitution? When was it adopted by Delegates of the states?

A

James Madison

September 17, 1787

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19
Q

Ratification of U.S. Constitution?

A
  • 9/13 states
  • New Hampshire 9th state to ratify
  • Virginia and New York didn’t ratify (40% of Population)
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20
Q

Which state called for Bill of Rights upon ratification of the U.S. constitution?

A

Massachusetts

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21
Q

What two things did the Bill of Rights guarantee?

A

Person Rights

States Rights

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22
Q

Immigration and Naturalization Service v. Chadha

A
  • showcase of Separation of Powers
  • President and Congress pass law

-law gives Administrative agency powers to make laws
-law gave Senate OR House veto power (not president)
over administration

-Supreme Court declares unconstitutional

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23
Q

Youngstown Steel & Tube Co. v. Sawyer

A

-showcase of Checks and Balances

  • Union notifies on Intent to Strike
  • President Truman issues executive order to continue operations

-Supreme Court rules Executive Order was not his constitutional powers

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24
Q

3 important areas of Constitution for Regulation of Business

A
  • Supremacy Clause
  • Necessary and Proper Clause
  • Commerce Clause

All part of the Enumerated Powers (Article 1 section 8)

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25
Q

Gibbons v. Ogden

A
  • expanded Commerce Clause
  • New York and New Jersey steamboat rights over Hudson
  • Chief Justice John Marshall
  • Distinguishmentt of Intrastate and Interstate
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26
Q

NLRB v. Jones and Laughlin Steel Corp

A
  • expanded Commerce Clause
  • Jones and Laughlin say NLRB can’t regulate them
  • Internstate Commerce because company actions affect other states
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27
Q

Wickard v. Filburn

A
  • small farmer grows and consumes own crops
  • does not sell them
  • Supreme Court says it’s interstate commerce
  • if other farmers followed his way… would have “aggregate effect”
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28
Q

McLain v. Real Estate Board of New Orleans

A
  • Expanded Commerce Clause
  • says internstate commerce can be purley local
  • if it affects other states
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29
Q

Case that expanded Necessary and Proper Clause?

A
  • McCulloh v. Marylan
  • Necessary and Proper Clause v. Reserved Powers Clause
  • Supreme Court says Necessary and Proper Clause gives them right to operate tax free
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30
Q

3 other words for Necessary and Proper Clause?

A

Implied Powers Clause
Inherent Powers Clause
Elastic Clause

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31
Q

Plessy v. Ferguson

A

-Separate but Equal Doctrine

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32
Q

What case opened up Jim Crow laws to Texas being allowed?

A

Plessy v. Ferguson

-Texas White

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33
Q

What case decided that allowing only White’s to vote in the Primary Election was unconstitutional under due to the Commerce Clause?

A

Smith v. Allwright

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34
Q

What case ended the Separate but Equal Doctrine? A defining moment in the Civil Rights Movement

A

Brown v. Board of Education

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35
Q

Following the Civil Rights Act of 1964, what two cases came about because businesses were not following the law?

A

Katzenbach v. McLung (Ollie’s BBQ)

Heart of Atlanta Motel v. United States

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36
Q

Heart of Atlanta Motel v. United States

A
  • white only signs
  • involved in interstate commerce
  • outside travelers
  • Federal Government could regulate
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37
Q

Katzenbach v. McLung

A
  • didn’t serve blacks inside
  • bought food from supplier involved in interstate commerce
  • Ollies BBQ involved in interstate commerce
  • used logic of Wickard v. Filburn
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38
Q

First case to limit the Interstate Commerce Clause?

A

United States v. Lopez

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39
Q

United States v. Lopez

A
  • had gun on school property
  • prosecuted under Fed. Law not Texas
  • Didn’t violate interstate congress so went free
  • didn’t exactly limit commerce clause.. just said it couldn’t regulate non-business activities
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40
Q

Case that followed United States v. Lopez trend of limiting Commerce Clause?

A

Printz v. United States

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41
Q

Printz v. United States

A
  • Brady Handgun Violence Prevention Act
  • said gov. couldn’t force states to background check gun purchasers
  • background checks weren’t constitutional under Commerce Clause or Necessary and Proper Clause
42
Q

Case that followed trends of Printz v. United States and United States v. Lopez in limiting Commerce clause

A

United States v. Morrison

-said Violence Against Women Act exceeded Congressional authority

43
Q

Gonzales v. Raich

A
  • medical marijuana California
  • affected commerce Clause under “rationale basis”
  • distinguishes Lopez and Morrison case
44
Q

Two cases that displayed the Supremacy Clause is exercised on a case by case basis?

A
  • Hughes v. Oklahoma
  • Maine v. Taylor

both violated Commerce clause with Fishing Bait laws
Maine’s law allowed to KEEP

45
Q

Contracts Clause

A
  • says State can’t pass law impairing contracts of Business

- Rarely used

46
Q

Two cases that helped businesses under Contracts Clause?

A
  • United States Trust Company of New York v. New Jersey (bonds)
  • Allied Structural Steel v. Spannaus (pension funds)
47
Q

Barron v. Baltimore

A
  • dirt dumped on Barron’s harbor
  • Barron wants “just compensation” from state under 5th Amendment
  • Court Rules Bill of Rights applies only to Federal Gov.
48
Q

What did Doctrine of Incorporation do?

A
  • Applied Bill of Rights to States too

- with 14th Amendment

49
Q

First case to support Doctrine of Incorporation?

A

Gitlow v. New York

50
Q

Gitlow v. New York

A
  • printed manifesto urging workers to overthrow government

- made 1st Amendment apply to both Federal and State Gov.

51
Q

District of Columbia v. Heller and McDonald v. City of Chicago?

A
  • made 2nd amendment apply to states under Bill of Rights

- said gun laws prohibiting gun ownership were unconstitutional

52
Q

Schneck v. United States

A
  • shouted fire in movie theater
  • incited false danger
  • congress limited free speech
53
Q

Governments approach to free speech?

A
  • “balances interests”

- limits speech when other values more important

54
Q

New York Times v. United States

A
  • Supreme court allows publication

- stolen Pentagon Papers

55
Q

Two cases that supported Government not being able to limit censorship

A
  • New York Times v. United States

- Nebraska Press Associate v. Stewart

56
Q

Two cases that involved Symbolic speech

A
  • Stromberg v. California

- Morse v. Fredrick

57
Q

Stromberg v. California

A
  • man arrested for his communist flag
  • conviction was overruled
  • symbolic speech
58
Q

Morse v. Fredrick

A
  • banner at school “Bong Hits 4 Jesus”
  • symbolic speech limited because it was “sophomoric”
  • defined limits on Symbolic Speech
59
Q

Virginia v. Black

A
  • Barry Black Klu Klux Clan leader
  • burns cross for Racial intimidation
  • conviction stood
  • limits on hate speech
60
Q

Two cases that involved Obscenity (Pornography)

A
  • Roth v. United States

- Miller v. California

61
Q

Chaplinksky v. New Hampshire

A
  • said speech to Inflict Injury was prohibited

- Fighting Words are limited speech

62
Q

Solomon Amendment

A
  • schools will loose funding if deny military recruiters access to students
  • limit schools Free Speech?
63
Q

Rumsfeld v. Forum for Academic and Institutional

A
  • forced schools to require equal access to military recruiters for students
  • Supreme Court said did not limit schools free speech
64
Q

Garcetti el al v. Ceballos

A
  • Public Employee Speech
  • Employer can limit official duties/responsibilities speech
  • Established Public vs Private speech
65
Q

What cases originally prohibited commercial speech?

A

Valentine vs. Chrestensen

66
Q

Virginia State Board of Pharmacy v. Virginia Consumer Council

A
  • overruled Valentine v. Chrestensen
  • commercial speech(advertising) allowed
  • only if purely economical
67
Q

What is the part 4 test of free speech? What case established it?

A
  • is speech legal
  • Is government interest substantial
  • Does the regulation directly advance the asserted governmental interest
  • Is the restriction more extensive than is necessary to protect state’s rights

Central Hudson Gas and Electric Corp. v. Public Service Commission of New York

68
Q

Governments opinion on Corporate political speech?

A
  • allows for it
  • is more limited however
  • individual speech less limited
69
Q

First National Bank of Boston v. Bellotti

A
  • Massachusetts’s law prevented corporate speech

- Supreme court overruled Massachusetts’s statue

70
Q

Austin v. Michigan Chamber of Commerce

A
  • limited corporate speech

- DIDN’T allow to use corporate funds to finance politician’s campaigns

71
Q

Board of Regents of the University of Wisconsin v. Southworth

A
  • student sued
  • school fees distributed to organizations without his permission
  • Supreme court rules in favor of University
72
Q

Citizen’s United v. Federal Election Commission

A
  • changes everything about corporate speech
  • allows corporations to fund political campaigns
  • requires they have to announce that they do it
  • overrules bipartisian Campaign Reform Act of 2002 (BCRA)
  • overrules McConnel v. Federal Election Commission
  • overrules Austin v. Chamber of Commerce
73
Q

Michell v. Helms

A
  • dealt with Establishment Clause
  • government funds school for religious books
  • Supreme court allows
74
Q

Zelman v. Simmons-Harris

A
  • dealt with Establishment clause

- Supreme court allows gov donations to send kids to private religious schools

75
Q

County of Allegheny v. American Civil Liberties Union, Greater Pittsburg

A
  • Sued over establishmet Clause
  • Gov. displayed Catholic angel holding religious banner
  • Angel was next to menorah (jewish decoration)
  • Supreme court says did not violate establishment clause
  • didn’t show preference of one religion
76
Q

Difference between Van Orden v. Perry and McCreary Country, Kentucky, et al. v. American Civil Liberties Union of Kentucky 545 U.S.

A

BOTH cases deal with Establishment clause

Van Orden v. Perry

  • government allows religious monument
  • religious monument amongst diff. religious monuments

Country, Kentucky, et al. v. American Civil Liberties Union of Kentucky 545 U.S.

  • nine framed religious documents supporting christianity
  • Supreme Court overruled
  • showed favoritism to one religion
77
Q

What did Thomas Jefferson think about separation of Church and State?

A
  • wanted government to stay away from religion completely

- never followed/never been the standard

78
Q

Current Standard on Employee rights regarding religon

A
  • Employers have to make accommodations toward employee’s religion
  • only if doesn’t present UNDUE HARDSHIP on business operations
79
Q

Employment Division, Department of Human Resources of the State of Oregon v. Smith

A
  • Limits Free exercise Clause
  • establish Case by case assessment on religious freedoms
  • employees ingest illegal drug for religious holiday
  • supreme court orders Employers to fire people for illegal drugs
80
Q

Religious Freedom Restoration Act of 1993 (RFRA)

A

-in response to Employment Divison, Department of Human Resources of the State of Oregon v. Smith

  • says government cannot limit Free Exercise Clause
  • unless it has compelling gov. interest (fundamental rights)
81
Q

Gonzales v. O Centro Espirita Beneficente Uniao Do Vegetal (UDV)

A
  • gov seizes church shipment of illegal hoasca
  • hoasca used for religion but illegal under Controlled Substances Act
  • Supreme Court rules in favor church
  • said Gov had not displayed “compelling government interest” under RERA act
  • Controlled Substances Act had exception for Peyote… why not Hoasca?
82
Q

4 exceptions to Illegal Search and Seizure under 4th Amendment

A
  • can search persons body or area ‘within reach’ of arrested person
  • can search if officer have individuals consent
  • can search if have “reasonable suspicion”
  • can search if area is in plain view of officer
83
Q

Open Fields Doctrine

A
  • said police can violate Trespassing law to search open field
  • said owner expecting privacy in an open field is dumb
84
Q

2 things that can happen if you refuse a drug test (alcohol test)when pulled over

A
  • lose right to drive

- forced to test if warrant is obtained

85
Q

Supreme Courts opinion on 4th Amendment with Automobile Searches?

A

Public Interest usually beats police interest

86
Q

Brigham City v. Stuart

A
  • limited 4th amendment
  • says officer can enter home without warrant
  • if belief person is seriously injured

-Hells on Wheels BRIGHAM Young hurt Cullon Bohannon

87
Q

Hudson v. Michigan

A
  • limited 4th amendment
  • police don’t have to knock first before entering your house
  • because you might hid drugs or destroy evidence

-George Hudson and Romana Hudson were hiding drugs from Michigan State football coach and he didn’t knock first

88
Q

Georgia v. Randolph

A
  • limited 4th amendment
  • police can search without warrant
  • if roommate or co-occupant allows for it

-Rudolph the RedNose reindeer told police they could search Santa’s Slay and no Christmas happend

89
Q

Illinois vs. Rodrigiguez

A
  • expanded 4th amendment
  • says police can’t search if one co-occupant allows search and other does not
  • both co-occupants have to consent to search

-Benny the Jet Rodriguez saves Scotty Smalls from police finding his illegal pornos when Scotty Smalls consented the search

90
Q

Exclusionary Rule? Exclusionary with Businesses

A
  • evidence seized illegally doesn’t count in court

- businesses not as protected as individuals under Exclusionary Rule

91
Q

Search Warrant with businesses

A
  • is an Administrative warrant
  • administrative warrant very easily obtained (less than probable cause

-liquor stores, guns stores, Food Industry stores, meat packing stores can be searched anytime without a Warrant

92
Q

Kelo v. City of New London

A
  • Eminent domain
  • gov. took 90 acres of land for “public use”
  • Supreme Court rules in favor of gov.
  • defined “public use” as a broad term
  • said States could pass Statues to not make “public use” as broad of term
  • Texas did this
93
Q

Equal Protection under 14th Amendment?

A
  • says gov has to enforce law equally to each person
  • if not, must have rationale basis for not

Ex: 18 year olds can’t drink but 21 year olds can drink

94
Q

Skinner v. Oklahoma

A
  • 14th amendment Equal Protections Clause
  • law said criminal had to be sterilized for Grand Larceny but not Embezzlement
  • Supreme court overruled law
  • No logical bases for requiring sterilization for one crime but not the other
95
Q

Metropolitan Life Insurance Co. V. Ward

A
  • 14th amendment Equal Protection Clause
  • Alabama law taxes non-resident corporations
  • does not tax local companies
  • Supreme Court overrules
  • said government couldn’t show favoritism because not “legitimate state purpose”
96
Q

Supreme Court Three-tier sliding Scale or 3 Prong Test on 14th Amendment Equal Protection

A

Government can ONLY treat people differently on ___ if they have a ___

Social or Economic issues

  • rationale basis
  • 21 yr. old drinking age

Gender or Legitimacy issues
-Substantial Government interest

Fundamental Rights or Suspect Classification issues
-Compelling government interest

97
Q

Is Right to Privacy in the constitution?

A

No, established by Griswold v. Connecticut

98
Q

Griswold v. Connecticut

A
  • Establishes Right to Privacy
  • Connecticut law prevents birth control
  • Supreme Court overrules Statue
  • Bedroom stuff in privacy of own home is between them and them only
99
Q

Roe v. Wade

A
  • Makes abortion Legal
  • Texas law preventing abortions
  • Prosecutor in case was Henry Wade the Dallas County District Attorney
  • Supreme Court said that was women’s right to privacy

*Georges friend Wade got his GF pregnant while playing Fortnite and she tried to have an abortion

100
Q

Lawrence v. Texas

A
  • Right to Privacy
  • Texas law forbidding gay sex
  • Supreme Court says gay people can have sex

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