Laws and Acts Flashcards
Necessary and Proper Clause (aka: “elastic clause”)
Congress can make laws as long as tangibly related to its duties
supremacy clause
federal government supersedes state government
tariff of abominations
import tax made by President Jackson in 1828, led to nullification doctrine
nullification doctrine
because 10th amendment says states have rights that the constitution is silent about, and the constitution is silent about nullifying a law (not following,) so to, states have the right to nullify laws. (Unconstitutional)
grandfather clause, white primaries, poll taxes, literacy tests
reactions to 15th amendment; grandfather clause= if grandfather could vote prior to 1865, you can; if he couldn’t you couldn’t.
Civil Rights Act of 1866
military enforcement of 13th, 14th and 15th amendments
Civil Rights Act of 1872
it is a crime to interfere with another persons’ constitutional rights
Senate Rule #22
a) 16 + people sign petition for cloture b) 3/5 Senate vote for cloture
cloture
defeat filibuster of bill; every senator gets a maximum of an hour to speak and then vote on bill
reapportionment
seats in House get reorganized after census
redistricting
after census, have to make equal districts. Prior to 1964: equal districts not dependent on equal population; post 1964: dependent fully on equal population
gerrymandering
manipulating redistricting for political advantage
speech and debate clause
a member of Congress can’t be charged with slander/libel if statement was said under official duties
how a bill becomes a law
House: 1) introduce bill-submit to Speaker 2) committee stage- speaker gives to correct standing committees (amendments must be germane–related to subject matter), discharge petition (if refuse to release bill after 30 days, 218 can insist bill goes to passage vote) 3) goes to rules committee (Schedule floor action) 4) floor action. Senate: 1) introduce bill/get bill from House- give to Pro Tem 2) committee stage- give to correct standing committees (amendments can be non-germane) 3) schedule floor action 4) floor action 5) conference committee-compromise on bill 6) goes to Pres. who can veto (2/3 vote can override) , sign, or ignore (if ignore for 10 working days, can become law unless: a) Congress officially adjourned
executive budget
18 months before fiscal year; spring review: agency review budget and then send request to OMB. fall review: OMB reviews request and meets with agency head for final decision + send to Pres. (who must approve by Jan and send to Congress.) Congress must authorize (bill saying amount of funds that may be available) and appropriate funds (give funds, which can be less (not more) than originally negotiated)
first budget resolution
sets overall revenue + target for upcoming year
second budget resolution
binding limits on taxes for upcoming year
continuing resolutions
when Congress fails to make resolutions, agencies stick to last year’s budget
unit rule
majority of electors’ vote = state vote (Exception: Nebraska and Maine)
Pendleton Act of 1883
a) president can only fire civil servants on merit based system b) made Civil Service Commission, which administers exams for government jobs for civil servants
War Powers Resolution Act
1973; a) President has to notify Congress within 48 hours of sending troops b) if Congress doesn’t object to troops within 60 days, war; otherwise, troops would have come back before 60 days
Line Item veto
President can veto sections of bill and then sign bill; this was deemed unconstitutional by Clinton v. The City of New York because both chambers of Congress have to approve of changes
bill #4890
President can veto sections of bill if he sends it back to both chambers of Congress
emergency lawmaking powers
President is granted ELPs as long as a) Congress approves and b) it is foreign affairs
executive orders
President’s legislative powers as long as a) enforce US constitution, b) enforce federal law, c) enforce treaty d) establish/change procedure of exec. agencies. Exec. orders must be recorded in the Federal Register
impeachment
50.1% House, guilt= 2/3 Senate and 3/4 state legislatures
creating/abolishing cabinet dept
president requests, Congress approves/denies
creates IEAs?
president
locates IEAs?
Congress
deregulation
take away some regulations because stifles agency and therefore ruins efficiency
reregulation
increase/change in regulation
Hatch Act of 1939 (aka: Political Activities Act of 1939)
civil servants cannot work on political campaigns. Originally, unconstitutional because violates freedom of association; however, court then reversed decision because a) need gov’t to be non-partisan and b) civil servants waive this freedom and can find another job
Office of Personnel and Management and Merit Systems Protection Board
both replaced the Civil Service Commission; OPM= recruit, interview, administer exams on potential civil servants. MSPB=look at employee complaints
Government in Sunshine Act
publicize government action-exception: personnel problems and courtroom proceedings. Plus, doesn’t work for everything like CIA
Sunset Laws
make temporary committees. exception defeat purpose
1978 Civil Service Reform Act
whistleblowers don’t get punished for whistleblowing
1986 False Claims Act
whistleblowers get compensation for whistleblowing
1989 Whistleblower Protection Act (Office of Special Counsel)
office reviews complaints of whistleblowers who got punished
Enabling Legislation
Congress makes agency and lets agency make its own rules and regulations. Why? a) lack expertise, b) lack time, c) blameshift if agency goes wrong
common law
decisions based on prevailing customs, eventually precedent
precedent
decisions that prevails in similar cases
stare decisis
judges must go by precedent
sources of american law
a) US constitution, b) state constitution, c) laws by legislative bodies, d) laws made by administrative agencies e) case law (binding precedent)
triggering fed. jurisdiction
if court involves a) constitution, b) federal law c) diversity citizenship dealing with $75,000 + and d) treaties
general jurisdiction
court decides on broad spectrum of cases
limited jurisdiction
court decides on particular issues
grounds for appeal
when there is a question of law (case proceedings) and not question of fact (guilt/innocence)
amicus curaie brief
3rd party writes a brief stating their interest in the case and what they want decision to be. However, they are not directly involved with case
class-action lawsuits
a group of people sue a company for damages (people have same or similar claim)
writ of certiorari + rule of four
writ: the request of records from lower court; this is only issued if at least 4 justices want it. By not requesting writ, doesn’t affect ruling
obiter dictim
extending verdict to make precedent (Dred Scott case–>precedent is Congress can’t prohibit slavery)
remand
case is defective; case sent back to district court
dismissing with/without prejudice
with prejudice: prosecution illegally acquired evidence and cannot refile. without prejudice: reversible error that was not the fault of prosecution, so they can refile charges later
unanimous opinion
all justices agree on decision and reasoning
majority opinion
5-8 justices agree on decision and reasoning
concurrent opinion
1-4 justices agree on decision but not reasoning
dissenting opinion
1-4 justices don’t agree on decision or reasoning
senatorial courtesy
one senator can object to a federal judge nomination. All have to apply: a) nominee= for district court b) senator is from same state as person c) senator is from same political party as president
establishment clause
government cannot prohibit or advance religion. a) no coercion b) no official church c) no punishment for beliefs d) no extensive participation e) no preference
lemon test
test to make sure government action isn’t violating establishment clause. a) purpose: law made for secular purpose b) effect: the primary effect is not religious or areligious c) entanglement- government doesn’t get too entangled with a religious/areligious group
gov’t aid for religious schools
can aid: vouchers, standardized testing, transportation, lunch, secular textbooks. can’t aid: reimbursing field trips, paying employees, funding for school’s own achievement tests
protected/unprotected speech
protected speech: high level speech–government can’t prohibit it. unprotected speech- low level speech–government can restrict it.
clear and present danger
government can prohibit all speech that causes clear and present danger to public
bad tendency rule
government can prohibit speech that talks about destroying government because of the “gravity of evil” of the speech
obscenity
disgusting language/material as specified by Miller v. California (aka: Miller test- a) avg person would find it offensive b) made with deviant interest c) obvious offensive conduct d) no merit )
equal time rule
candidates each get equal time/quality
exclusionary rule
evidence retrieved illegally are void in court
exceptions to exclusionary rule
a) would’ve gotten it anyways: if can prove that would have gotten it legally as well, it’s fine. b) good faith: unknown to the officer, the evidence was retrieved illegally; it’s fine
Civil Rights Act of 1875
all public/privately owned public places cannot discriminate against anyone. Southerners brought it to SCOTUS and was made as unconstitutional because can’t demand private sector to do anything
Civil Rights Act of 1964
cannot discriminate against: age, gender, sexual orientation, race including in private sector. Heart of Atlanta Motel tried to fight this but failed.
Voting Rights Act of 1965
a) if 5% or more voters in an area speak another language, have bilingual voting b) outlaws discriminatory voting c) federal administration of voting can take over state’s voting rights
Equal Rights Amendment
NOW tries pushing equal rights for equal pay. ERA won’t pass because a) duplicate legislation (14th amendment) but really because companies control everyone with $$ and paying women less gets the company as well as the government more money
Low Scrutiny Test
age, disabilities, sexual orientation known as non-suspect classes, tend to not be discriminated against for a discriminatory purpose but rather because harder to accomplish objective. requirements: a) serve legitimate objective, b) means are conceptually related to accomplishing tasks
Medium Scrutiny Test
gender. Requirements: a) serves important gov’t objective b) means are substantially related towards accomplishing the objective
High Scrutiny Test
race. Requirements: a) serves a compelling gov’t interest b) means are narrowly tailored toward accomplishing the objective
Title VII of Civil Rights Act of 1964
approaches gender discrimination in 3 ways: a) blanket prohibition against gender discrimination b) prohibits discrimination based on pregnancy c) prohibits hostile working environment and sexual harassment in the workplace
Affirmative Action
government’s attempt to remedy the competitive disadvantage suffered by minority groups as a result of past discrimination
Age Discrimination in Employment Act
a) all people over 40 b) prohibits age discrimination unless bonafide occupational qualification
Americans with Disabilities Act
a) prohibits job discrimination against those with physical/mental impairment b) requires all public buildings/services accomodate disabled people c) employers must make accommodations for those with disabilities unless creates undue hardship on employer
