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FSOT > Laws and Acts > Flashcards

Laws and Acts Flashcards

1
Q

Necessary and Proper Clause (aka: “elastic clause”)

A

Congress can make laws as long as tangibly related to its duties

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2
Q

supremacy clause

A

federal government supersedes state government

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3
Q

tariff of abominations

A

import tax made by President Jackson in 1828, led to nullification doctrine

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4
Q

nullification doctrine

A

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)

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5
Q

grandfather clause, white primaries, poll taxes, literacy tests

A

reactions to 15th amendment; grandfather clause= if grandfather could vote prior to 1865, you can; if he couldn’t you couldn’t.

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6
Q

Civil Rights Act of 1866

A

military enforcement of 13th, 14th and 15th amendments

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7
Q

Civil Rights Act of 1872

A

it is a crime to interfere with another persons’ constitutional rights

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8
Q

Senate Rule #22

A

a) 16 + people sign petition for cloture b) 3/5 Senate vote for cloture

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9
Q

cloture

A

defeat filibuster of bill; every senator gets a maximum of an hour to speak and then vote on bill

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10
Q

reapportionment

A

seats in House get reorganized after census

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11
Q

redistricting

A

after census, have to make equal districts. Prior to 1964: equal districts not dependent on equal population; post 1964: dependent fully on equal population

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12
Q

gerrymandering

A

manipulating redistricting for political advantage

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13
Q

speech and debate clause

A

a member of Congress can’t be charged with slander/libel if statement was said under official duties

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14
Q

how a bill becomes a law

A

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

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15
Q

executive budget

A

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)

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16
Q

first budget resolution

A

sets overall revenue + target for upcoming year

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17
Q

second budget resolution

A

binding limits on taxes for upcoming year

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18
Q

continuing resolutions

A

when Congress fails to make resolutions, agencies stick to last year’s budget

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19
Q

unit rule

A

majority of electors’ vote = state vote (Exception: Nebraska and Maine)

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20
Q

Pendleton Act of 1883

A

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

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21
Q

War Powers Resolution Act

A

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

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22
Q

Line Item veto

A

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

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23
Q

bill #4890

A

President can veto sections of bill if he sends it back to both chambers of Congress

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24
Q

emergency lawmaking powers

A

President is granted ELPs as long as a) Congress approves and b) it is foreign affairs

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25
Q

executive orders

A

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

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26
Q

impeachment

A

50.1% House, guilt= 2/3 Senate and 3/4 state legislatures

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27
Q

creating/abolishing cabinet dept

A

president requests, Congress approves/denies

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28
Q

creates IEAs?

A

president

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29
Q

locates IEAs?

A

Congress

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30
Q

deregulation

A

take away some regulations because stifles agency and therefore ruins efficiency

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31
Q

reregulation

A

increase/change in regulation

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32
Q

Hatch Act of 1939 (aka: Political Activities Act of 1939)

A

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

33
Q

Office of Personnel and Management and Merit Systems Protection Board

A

both replaced the Civil Service Commission; OPM= recruit, interview, administer exams on potential civil servants. MSPB=look at employee complaints

34
Q

Government in Sunshine Act

A

publicize government action-exception: personnel problems and courtroom proceedings. Plus, doesn’t work for everything like CIA

35
Q

Sunset Laws

A

make temporary committees. exception defeat purpose

36
Q

1978 Civil Service Reform Act

A

whistleblowers don’t get punished for whistleblowing

37
Q

1986 False Claims Act

A

whistleblowers get compensation for whistleblowing

38
Q

1989 Whistleblower Protection Act (Office of Special Counsel)

A

office reviews complaints of whistleblowers who got punished

39
Q

Enabling Legislation

A

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

40
Q

common law

A

decisions based on prevailing customs, eventually precedent

41
Q

precedent

A

decisions that prevails in similar cases

42
Q

stare decisis

A

judges must go by precedent

43
Q

sources of american law

A

a) US constitution, b) state constitution, c) laws by legislative bodies, d) laws made by administrative agencies e) case law (binding precedent)

44
Q

triggering fed. jurisdiction

A

if court involves a) constitution, b) federal law c) diversity citizenship dealing with $75,000 + and d) treaties

45
Q

general jurisdiction

A

court decides on broad spectrum of cases

46
Q

limited jurisdiction

A

court decides on particular issues

47
Q

grounds for appeal

A

when there is a question of law (case proceedings) and not question of fact (guilt/innocence)

48
Q

amicus curaie brief

A

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

49
Q

class-action lawsuits

A

a group of people sue a company for damages (people have same or similar claim)

50
Q

writ of certiorari + rule of four

A

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

51
Q

obiter dictim

A

extending verdict to make precedent (Dred Scott case–>precedent is Congress can’t prohibit slavery)

52
Q

remand

A

case is defective; case sent back to district court

53
Q

dismissing with/without prejudice

A

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

54
Q

unanimous opinion

A

all justices agree on decision and reasoning

55
Q

majority opinion

A

5-8 justices agree on decision and reasoning

56
Q

concurrent opinion

A

1-4 justices agree on decision but not reasoning

57
Q

dissenting opinion

A

1-4 justices don’t agree on decision or reasoning

58
Q

senatorial courtesy

A

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

59
Q

establishment clause

A

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

60
Q

lemon test

A

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

61
Q

gov’t aid for religious schools

A

can aid: vouchers, standardized testing, transportation, lunch, secular textbooks. can’t aid: reimbursing field trips, paying employees, funding for school’s own achievement tests

62
Q

protected/unprotected speech

A

protected speech: high level speech–government can’t prohibit it. unprotected speech- low level speech–government can restrict it.

63
Q

clear and present danger

A

government can prohibit all speech that causes clear and present danger to public

64
Q

bad tendency rule

A

government can prohibit speech that talks about destroying government because of the “gravity of evil” of the speech

65
Q

obscenity

A

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 )

66
Q

equal time rule

A

candidates each get equal time/quality

67
Q

exclusionary rule

A

evidence retrieved illegally are void in court

68
Q

exceptions to exclusionary rule

A

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

69
Q

Civil Rights Act of 1875

A

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

70
Q

Civil Rights Act of 1964

A

cannot discriminate against: age, gender, sexual orientation, race including in private sector. Heart of Atlanta Motel tried to fight this but failed.

71
Q

Voting Rights Act of 1965

A

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

72
Q

Equal Rights Amendment

A

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

73
Q

Low Scrutiny Test

A

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

74
Q

Medium Scrutiny Test

A

gender. Requirements: a) serves important gov’t objective b) means are substantially related towards accomplishing the objective

75
Q

High Scrutiny Test

A

race. Requirements: a) serves a compelling gov’t interest b) means are narrowly tailored toward accomplishing the objective

76
Q

Title VII of Civil Rights Act of 1964

A

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

77
Q

Affirmative Action

A

government’s attempt to remedy the competitive disadvantage suffered by minority groups as a result of past discrimination

78
Q

Age Discrimination in Employment Act

A

a) all people over 40 b) prohibits age discrimination unless bonafide occupational qualification

79
Q

Americans with Disabilities Act

A

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

FSOT (14 decks)

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