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ACCT 316 > Exam 2 > Flashcards

Exam 2 Flashcards

1
Q

25th amendment

A

Ratified in 1967 after death of JFK

Details the steps for presidential succession in the case of presidential disability with mental and cognitive abilities

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2
Q

What does it mean when someone “takes the fifth”

A

they will not testify against themselves in a trial. They don’t have to answer a question if it might incriminate them

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3
Q

Article I

A

Legislative Branch

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4
Q

House of Rep Rep’s rules

A

Elected every two years
- Must be 25

Amount of representatives from each state depends on population size
- LA has 6 (used to have 7 before Katrina)

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5
Q

Senator’s rules

A

Elected every 6 years
- must be 30 years old

Every state has 2 senators

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6
Q

Who holds impeachment powers?

A

The house has the power to impeach.

The senate holds trial of impeachment.

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7
Q

Who are Louisiana’s senators?

A

Bill Cassidy and John Kennedy

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8
Q

Who is Lafayette’s Congressional representative?

A

Clay Higgins

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9
Q

Are there term limits for congress

A

No

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10
Q

Are there term limits for congress

A

No

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11
Q

Electoral College is made up of

A

(435 from the house + 3 from DC)
and 100 senators

538 total

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12
Q

Section 8 of article one covers:

A

rules of naturalization (immigration issue)

Commerce Clause: regulation of interstate commerce and commercial activities among states

Coinage of money

Establish federal courts below supreme

Congress powers to promote science and arts

NECESSARY AND PROPER CLAUSE: How congress enforces the laws (administrative agencies)

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13
Q

Article II

A

Executive Branch

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14
Q

Federalism

A

Federal government has limited power (or so they say)

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15
Q

Articles were made to

A

Balance each other out
- system of checks/balances
- co-equal branches of government

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16
Q

President elects Supreme Court judge, but it has to be voted on by the

A

Senate

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17
Q

Is judicial review actually in the constitution?

A

No

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18
Q

Filibuster. Why do the democrats want to get rid of it?

A

It normally requires senate 60 votes to pass a bill. If they git rid of filibuster, it will only require 51 votes to pass bills.

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19
Q

Invasion (section 4 of Article 4)

A
  • border invasion
  • electronic invasion
  • millions illegally crossing northern and southern border unchecked for COVID or vaxed
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20
Q

Article V

A

Creates the amendments (very hard to do)

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21
Q

Article VI

A

Constitution and US laws are “SUPREME LAW OF THE LAND” except for in sanctuary cities/states

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22
Q

Biden vs Nebraska

A

6-3 majority to overturn president Biden’s executive order forgiving student loan debt as a violation of the separation of powers doctrine

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23
Q

West Virginia vs EPA

A

6-3 majority ruling that EPA did not have proper congressional authority to regulate greenhouse gas emissions.

The EPA overstepped their bounds

This limited the effect of administrative agencies on our society

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24
Q

COMMERCE CLAUSE

A

Allows fed gov to regulate interstate commerce within a state

Allows fed gov to regulate commerce within a state (as long as that business affects more than 1 state

Allows for the expansion of fed gov regulatory powers

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25
Gibbons vs Ogden
1824 Supreme Court ruled that states cannot, by legislative enactment interference with congress power to regulate interstate commerce
26
Wickard vs Filburn 1942
An activity that does not need to have a direct effect on interstate commerce to fall within the commerce power, as long as the effect is substantial and economic
27
Heart of Atlanta Motel vs United States 1964
Ruled that the Federal Civil Rights Act of 1964 forbade racial discrimination in hotels, motels, restaurants, etc. This became part of the commerce clause powers
28
1st Amendment
“Free Speech” Clause - right to peacefully assemble and freely associate also
29
Creative, LLC vs Elenis
6-3 majority rile that the first amendment prohibits Colorado from forcing a website designer to create expressive designs that convey messages the designer doesn’t want to make
30
Supreme Court Masterpiece Cakeshop decision
7-2 decision in favor of baker. Didn’t vote for the baker because he was right, but because he didn’t have a fair trial at the state level. Set no precedent
31
Citizens United vs Federal Election Commission
Court held that restrictions limiting the amount of contributions given to PAC’s are unconstitutional - So infinite money to Political Action Committees
32
Establishment Clause
Government cannot establish religion - prayer removed from public school in 1962 - separation of church and state
33
Kennedy vs Bremerton School District
6-3 decision that a public school district cannot bar a football coach from publicly exercising his faith on the field after the game
34
Free Exercise Clause
government cannot prevent the exercise of one’s religious beliefs - bakers declining to do weddings for a gay marriage
35
Hobby Lobby decision
Ruled that a for-profit, private company can have free exercise clause The gov wanted them to give employees abortion medication coverage. Hobby Lobby said no we’d rather close.
36
2nd amendment
Right to bear arms
37
Heller Supreme Court decision
Establishes that the 2nd amendment protects an individuals right to possess a firearm for self defense in a home
38
New York State Rifle Association vs Bruen
6-3 decision to expand gun rights holding state system for issuing concealed weapons violated second amendment, making concealed weapon applications easier to obtain
39
US vs Rahimi
If an individual can be posed as a “threat”, they can take away his gun rights
40
4th Amendment
Prevents unreasonable search and seizures without a warrant - Privacy vs. Security
41
Carpenter Supreme Court
Decision extended 4th amendment protection to cell phone pings requiring a warrant to obtain location information
42
5th Amendment
Felonies require indictment by Jury
43
Where does “taking the fifth” come from
Miranda vs. Arizona
44
Double Jeopardy
Person can’t be tried for the same crime twice
45
Due process of law
Government cant deprive a person of life, liberty, or property without DUE PROCESS OF LAW
46
Why did the founding father want due process of law
Because England didn’t have it
47
Imminent Domain
If you own property and gov decides they want to use it for public use for “greater good” of community, they can take it through imminent domain
48
6th Amendment
Right to a speedy and impartial trial
49
What amendments are used under Miranda rights?
5th and 6th amendments
50
What amendments are used under Miranda rights?
5th and 6th amendments
51
Miranda vs. Arizona
Court held that law enforcement cannot use testimony given by anyone under interrogation while in custody without that person being informed of their right to remain silent…
52
8th Amendment
No excessive bails or fines
53
9th Amendment
Just because its not mentioned in the constitution, doesn’t mean that its not right
54
10th Amendment
Powers not given to fed gov are reserved for the states - voting laws - marijuana - dry counties
55
12th Amendment
If you are born in the US, even if your parents are illegal, YOU are a US citizen. “Anchor Babies” - Equal Protection
56
Equal Protection (12th amendment)
Basis for equality movement, Laws cannot differentiate between different people
57
Dealing with agencies
When they say jump, you say how high
58
State Department
- Oversees passport office - Where foreign affairs are dealt with
59
Treasury Dept
- IRS - Janet Yellen, Secretary of the treasury
60
Justice Dept
- Attorney General (Merrick Garland) - DOJ
61
Labor Dept
- OHSA ( Occupational Health and Safety Administration) - Set federal minimum wage (regulate wages)
62
Defense Dept
- Pentagon - Military Services
63
Transportation Dept
- FAA (Federal Aviation Administration) - TSA (Transportation Safety Administration)
64
Health and Human Services
- FDA ( Food / Drug Administration) - CDC (Center for Disease Control) - Mr. Fouchi Highest paid bureaucrat
65
Homeland Security
- Mayorkas (in the head of homeland security) - Responsible for immigration - FEMA (responsible natural disaster help) - CBPC (Custom and Border Patrol/Control) - Most recent cabinet agency (9/11)
66
Federal Reserve Board
- Set Interest Rates - Jerome Powell (Head of FRB)
67
Environmental Protection Agency
- supposedly has oversight over anything with clean air or clean water
68
Department of Motor Vehicles (DMV)
- Real ID Card - Drivers license
69
Alcohol Beverage Control
- States control liquor laws - Have to get permit from ABC to sell alcohol
70
Fire Marshall
- very powerful - Determines whether a new business can open or not - set occupancy limits
71
ATAC
- Makes sure people aren’t serving people under 21
72
Parish Sales Tax Board
- businesses has to to pay percentage to parish sales tax

ACCT 316 (2 decks)

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