Exam 2 Flashcards

1
Q

Expressed powers

A

Powers specifically given to the federal gov’t by the constitution.

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2
Q

Implied powers

A

Powers not specifically mentioned in the constitution.

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3
Q

Inherent powers

A

(Not enumerated or implied) assumed to exist as a direct result of country’s existence.

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4
Q

Delegated powers

A

power to coin money, regulate commerce, declare war, raise and maintain armed forces, and establish post offices.

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5
Q

Reserved powers

A

Not expressively given to the gov’t but intended to be used by the states.

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6
Q

10th amendment

A

any power not given to the federal gov’t is basically given to the states.

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7
Q

Bicameralism

A

a “two house” legislature

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8
Q

Pork barreling

A

use of gov’t funds for projects designed to please voters and win votes.

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9
Q

Apportionment

A

(Occurs every 10yrs) allocates congressional seats among the 50 states.

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10
Q

Redistricting

A

the drawing of new electoral boundaries (Occurs every 10yrs)

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11
Q

Filibuster

A

“hijacking” the floor of chamber for a long period to prevent senate from closing a debate.

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12
Q

Due process clause

A

clause in constitution prohibiting the gov’t from depriving a person of life, liberty, or property w/o due process of law.

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13
Q

Commerce clause

A

(Article 1 Section 8) in the constitution stating that congress can give power to regulate all business activities that cross state lines or affect more than one state/nation.

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14
Q

necessary and proper clause

A

(aka elastic clause) constitutional clause that gives congress the power to make all laws “necessary and proper” for executing its powers.

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15
Q

Prior restraint

A

review and restriction of speech prior its release

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16
Q

selective incorporation

A

process of applying the bill of rights to the constitution to state gov’t through the language of the 14th amendment.

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17
Q

establishment clause

A

congress is prohibited from creating/promoting a state religion the gov’t interfering.

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18
Q

clear and present danger test

A

gov’t cannot interfere w/ speech unless it presents a clear and present danger that will lead to criminal acts.

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19
Q

congressional oversight

A

refers to the reviewing of federal agencies and provides the legislative branch with w/ the opportunity to inspect and check the executive branch and its agencies.

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20
Q

logrolling

A

an agreement by two or more lawmakers to support each others bill.

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21
Q

compelling state interest

A

element of the strict scrutiny test by which courts exercise judicial review of legislative and executive branch enactments that affect constitutional rights, such as those found in the 1st amendment.

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22
Q

house rules committee

A

unique to the house of representatives and review all bills coming from the house committee before they go to the full house.

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23
Q

strict scrutiny

A

supreme court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal.

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24
Q

Civil rights act of 1964

A

No discrimination to programs that receive federal funding.

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25
Q

Standing committees

A

Permanent committees established under the standing rules of the senate and specialize in the consideration of certain areas.

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26
Q

Joint committee

A

Include membership from both houses of congress and established w/ narrow jurisdictions and lack authority to report legislation.

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27
Q

Conference committee

A

Temporary, composed of house and senate conferees for the purpose of reconciling differences in legislation. Used to solve bicameral differences.

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28
Q

Article 1 section 8

A

list of specific powers of congress like the power to establish and maintain an army, establish post offices, create courts, regulate commerce between states, and declare war.

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29
Q

14th amendment

A

declares all persons born in the US, citizens and are guaranteed equal protection of the laws.

30
Q

1st amendment

A

freedom of religion, speech, press, assembly, and petition.

31
Q

Divided gov’t

A

one party controls the white house and the other controls one/both houses of congress.

32
Q

Exclusionary rule

A

Improperly gathered evidence may not be introduced in a criminal trial.

33
Q

Power to veto

A

power of the president to refuse approval of a bill/joint resolution.

34
Q

4th amendment

A

freedom of unreasonable searches and seizures.

35
Q

5th amendment

A

right to remain silent/double jeopardy, right to due process.

36
Q

6th amendment

A

Right to speedy trial.

37
Q

8th amendment

A

no cruel or unusual punishment.

38
Q

civil rights

A

guarantees of equal treatment by gov’t authorities.

39
Q

civil liberties

A

limitations on the power of government, designed to ensure personal freedoms.

40
Q

spence test

A

used in cases of speech and press.

41
Q

sherbert/compelling interest test

A

test for freedom of religion.

42
Q

West Virginia v Barnette

A

Schools cant require students to salute the flag.

43
Q

Near v Minnesota

A

1st amendment protects newspaper from prior restraint.

44
Q

Wickard v Fillburn

A

Farmers grew more wheat than what was allowed while being funded by congress, was regulated even tho it was for personal consumption.

45
Q

Brandenburg v Ohio

A

Gov’t cannot punish inflammatory speech unless that speech is directed to inciting criminal acts. `

46
Q

Employment division v Smith

A

Members of native americans church fired for smoking peyote even tho it was part of their religion.

47
Q

Snyder v Phelps

A

protests that occur during military funerals and say God punishes soldiers due to homosexuality.

48
Q

NY times v US

A

Case that involved “pentagon papers” where Nixon administration attempted to prevent NY times and washington post from publishing classified material.

49
Q

Mapp v Ohio

A

case that involved women being convicted of possessing illegal materials after an illegal search in her home, where she appealed her conviction based on her freedom of expression.

50
Q

Schenck v US

A

Case that involved leaflets being passed around during WWI saying the draft violated 13th amendment, was peaceful protest but was still convicted of conspiracy.

51
Q

Heart of atlanta motel v US

A

case that involved discrimination based on race to customers even tho civil rights act of 1964 said otherwise.

52
Q

Gregg v Georgia

A

Guilty of armed robbery and was sentenced to death where the policy “cruel and unusual punishment” came into effect.

53
Q

District of columbia v Heller

A

Made it illegal to carry unregistered firearm on certain grounds but claimed that this violated the 2nd amendment.

54
Q

Lemon v kurtzman

A

aid for church related schools must have a secular purpose, can’t have advances on religion, and not foster excessive gov’t entanglement with religion.

55
Q

Roe v Wade

A

Legalized abortion based on woman’s right to privacy.

56
Q

Texas v Johnson

A

struck down the law banning the burning of american flag on grounds that it was a symbolic speech and protected the 1st amendment.

57
Q

Gideon v Wainwright

A

Person who can’t afford attorney may have one appointed (6th amendment)

58
Q

Miranda v Arizona

A

accused must be notified on their rights before being questioned by the police, occurred because Miranda was taken into custody w/o being informed of her rights. (5th amendment)

59
Q

US v Lopez

A

12th grade high school student carried conceal gun into school and charged for possession, state charges were dropped but then later charged by federal agents.

60
Q

Griswold v Connecticut

A

Married couple wanted to get contraceptives but was struck down by state laws, later established the right to privacy through the 4th and 9th amendments.

61
Q

Sherbert v Verner

A

Member of church fired for refusing to work on “Sabbath” because of her faith and was ruled that she could not receive unemployment benefits.

62
Q

Burwell v Hobby lobby

A

Allows closely hold for profit corp. to refuse to pay legally mandated coverage for contraceptives.

63
Q

Nancy pelosi

A

US house of representative, Speaker of the house, and democrat.

64
Q

Steny Hoyer

A

US house of representatives, House majority leader, and Democrat.

65
Q

Kevin Mccarthy

A

US house of representatives, House minority leader, and republican.

66
Q

Kamala Harris

A

US senate, President of the senate (VP), and Democrat.

67
Q

Chuck schumer

A

US senate, Senate majority leader, and Democrat.

68
Q

Mitch McConnell

A

US senate, Senate minority leader, and republican

69
Q

John Cornyn and Ted cruz

A

Texas elected officials, senators of Texas, and both republican.

70
Q

Randy Weber

A

Texas elected official, US representative of district 14, and republican