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
Q

Gibbons vs Ogden

A

1824 Supreme Court ruled that states cannot, by legislative enactment interference with congress power to regulate interstate commerce

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26
Q

Wickard vs Filburn 1942

A

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

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27
Q

Heart of Atlanta Motel vs United States 1964

A

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

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28
Q

1st Amendment

A

“Free Speech” Clause

  • right to peacefully assemble and freely associate also
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29
Q

Creative, LLC vs Elenis

A

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
Q

Supreme Court Masterpiece Cakeshop decision

A

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
Q

Citizens United vs Federal Election Commission

A

Court held that restrictions limiting the amount of contributions given to PAC’s are unconstitutional

  • So infinite money to Political Action Committees
32
Q

Establishment Clause

A

Government cannot establish religion

  • prayer removed from public school in 1962
  • separation of church and state
33
Q

Kennedy vs Bremerton School District

A

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
Q

Free Exercise Clause

A

government cannot prevent the exercise of one’s religious beliefs

  • bakers declining to do weddings for a gay marriage
35
Q

Hobby Lobby decision

A

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
Q

2nd amendment

A

Right to bear arms

37
Q

Heller Supreme Court decision

A

Establishes that the 2nd amendment protects an individuals right to possess a firearm for self defense in a home

38
Q

New York State Rifle Association vs Bruen

A

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
Q

US vs Rahimi

A

If an individual can be posed as a “threat”, they can take away his gun rights

40
Q

4th Amendment

A

Prevents unreasonable search and seizures without a warrant

  • Privacy vs. Security
41
Q

Carpenter Supreme Court

A

Decision extended 4th amendment protection to cell phone pings requiring a warrant to obtain location information

42
Q

5th Amendment

A

Felonies require indictment by Jury

43
Q

Where does “taking the fifth” come from

A

Miranda vs. Arizona

44
Q

Double Jeopardy

A

Person can’t be tried for the same crime twice

45
Q

Due process of law

A

Government cant deprive a person of life, liberty, or property without DUE PROCESS OF LAW

46
Q

Why did the founding father want due process of law

A

Because England didn’t have it

47
Q

Imminent Domain

A

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
Q

6th Amendment

A

Right to a speedy and impartial trial

49
Q

What amendments are used under Miranda rights?

A

5th and 6th amendments

50
Q

What amendments are used under Miranda rights?

A

5th and 6th amendments

51
Q

Miranda vs. Arizona

A

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
Q

8th Amendment

A

No excessive bails or fines

53
Q

9th Amendment

A

Just because its not mentioned in the constitution, doesn’t mean that its not right

54
Q

10th Amendment

A

Powers not given to fed gov are reserved for the states

  • voting laws
  • marijuana
  • dry counties
55
Q

12th Amendment

A

If you are born in the US, even if your parents are illegal, YOU are a US citizen. “Anchor Babies”

  • Equal Protection
56
Q

Equal Protection (12th amendment)

A

Basis for equality movement, Laws cannot differentiate between different people

57
Q

Dealing with agencies

A

When they say jump, you say how high

58
Q

State Department

A
  • Oversees passport office
  • Where foreign affairs are dealt with
59
Q

Treasury Dept

A
  • IRS
  • Janet Yellen, Secretary of the treasury
60
Q

Justice Dept

A
  • Attorney General (Merrick Garland)
  • DOJ
61
Q

Labor Dept

A
  • OHSA ( Occupational Health and Safety Administration)
  • Set federal minimum wage (regulate wages)
62
Q

Defense Dept

A
  • Pentagon
  • Military Services
63
Q

Transportation Dept

A
  • FAA (Federal Aviation Administration)
  • TSA (Transportation Safety Administration)
64
Q

Health and Human Services

A
  • FDA ( Food / Drug Administration)
  • CDC (Center for Disease Control)
    - Mr. Fouchi Highest paid bureaucrat
65
Q

Homeland Security

A
  • 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
Q

Federal Reserve Board

A
  • Set Interest Rates
  • Jerome Powell (Head of FRB)
67
Q

Environmental Protection Agency

A
  • supposedly has oversight over anything with clean air or clean water
68
Q

Department of Motor Vehicles (DMV)

A
  • Real ID Card
  • Drivers license
69
Q

Alcohol Beverage Control

A
  • States control liquor laws
  • Have to get permit from ABC to sell alcohol
70
Q

Fire Marshall

A
  • very powerful
  • Determines whether a new business can open or not
  • set occupancy limits
71
Q

ATAC

A
  • Makes sure people aren’t serving people under 21
72
Q

Parish Sales Tax Board

A
  • businesses has to to pay percentage to parish sales tax