legislation and cases ( facts ) Flashcards
1
Q
what amendment declaired that any “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
A
the tenth amendment
2
Q
whats teh rellivance of teh cosnitution being written in 1787
A
give grouds for modern interpritaion of the supream court ( living conistution )
3
Q
how can a consitutional amendment be made
A
- preposed by 2/3 vote in teh house and senate or 2/3 of teh state leg call for a national convention
- confirmed by 3/4 aproval of the state legislatures or 3/4 vote at a state convention
4
Q
points for the advantages and disadvantages to the amendment of the cosnitution
A
- only amended over long term and important issues
- lacks flexabillity to changing times ( and not always the case)
1
- ensures broad pop
- undemocratic ( supermajorities )
2
coplex multi step process
* maintains federalsim
* dificulty to amend could give more political power to the enelected supream court
5
Q
when was te 17th amendment
A
1913
6
Q
give an exple of two long term important consitutional amendmenst
A
- the 13th amendment - abolision of slavery
- the 19th amendment - unviversal suffurage
7
Q
whats the opersite to federalism
A
unitary government
8
Q
what are teh three natures of teh US cosnitution
A
- codified (in a single document)
- entrenched
- blend of vagueness and specificity
9
Q
What does the START treaty do
A
limmits the numbre of neucular wepons of the US and Russia
10
Q
when was the Manchin-Toomey Amendment
A
2013 after a catostrofic 2012 school shooting
11
Q
give an exaple of federalism acting as a policy laboratory
A
- massachusetts legliasing same sex marrage in 2004, 19 other states then folled before it was legliased in obigerfell vs hodge sin 2015
12
Q
give an exple of the federal states checking the epower of the federal government
A
- consitutioanl amendent
1. the ERA ( equal righst amendment) - 1972, passes 2/3 in both chambers of congress but failed to pass 3/4 of the state leg
13
Q
what is it called when teh federal governemnt overreaches in tehir powers over the states
A
federal over reach
14
Q
when was the voring rights act ?
A
1965
15
Q
what were eth main provisians of teh votign righst act
A
- preclearnace
- Prohibition of discriminatory voting practice
16
Q
what is a bill called it it automaticlly becomes state legistaion once a supream court dession is made
A
trigger clause
17
Q
what case struck dow some prevsions of the voting rights act and what previsions were they + practical significanve
A
- Shelby County v. Holder (2013)
- preclearance
- ID laws now exist in states such as texus. This means that somem peopel ( say those who cnat aford Id) are blocked from voting. This diproportionally affests balck american as tehy have been put as a insitutionalised disadvatage in teh US.
18
Q
what were the key provisions of teh 14t amendment
A
- Equal Protection Clause: The amendment also contains an Equal Protection Clause, which requires states to provide equal protection under the law to all individuals within their jurisdiction
- Due Process Clause: The amendment includes a Due Process Clause that prohibits states from depriving any person of life, liberty, or property without due process of law
- Citizenship Clause: The amendment defines citizenship and states that anyone born or naturalized in the United States, including formerly enslaved people, is a citizen and entitled to the privileges and protections thereof.
19
Q
what was teh first state to leglaise same sex marrage
A
Massachusetts
20
Q
spell massachusetts
A
massachusetts
21
Q
presidenctaisl enumerate dpwoers you often forget
A
- power of the pardon
- veto legislation
22
Q
name a piece of legislatioon trump succesfully vetoed
A
iran war powers resolution act - 2020
23
Q
whats anotehr way other tahn a tradition veto taht a president can stop a bill becoming law
A
pocket veto
24
Q
give an exaple of teh VP giving the tie breaking vote in the senate
A
- camilla harris 26 bidens first term as senate split 50/50
25
give an example of a Vp taking over as president
when Nixson regisned in 1974 after the watergate scandle and was then pardoned by his VP Ford who became the new POTUS
26
how do US cabinet mibiters get their power term ?
serve at teh pleasure of the president
27
who is tehe secuartry of teh interior for biden and why is thsi rellivant
deb haaland - native american ( ballence social profiel)
28
in a 12 marker what must you say
* this is **significnat** because
29
are heads of governemnt departments in the us called minsiters
* no - they are called heads of state
30
who preposed the marrage act
* Minister for Women and Equalities - Rt Hon Maria Miller
31
who was trumps sec of state
rex tillerson
32
why did rex tillerson resign / get fired
* iran neucular deal disagreement
33
whos idea was the imperial presidency+ when
arthur schlesinger 1973
34
what is the Imperilled Presidency
The basis of the theory is that the President does not have enough power to be effective in the role.
35
spell Imperilled
imperilled
36
when did congress use the power of the purse ( specific )
* 1975 nixon was POTUS
37
what was trumps executive agreemnet with NK called and when was thsi
Singapore Summit Agreement - 2018
38
whata re twi implied powers of teh presidncy you alwys forget
* signing stamenst
* dissmissing cabinet ministers
39
what is it called when one interprets the Constitution based on its literal meanign without room for interpritation and that this is possible.
constructionalsit approach
40
what is it calle dwhen one interpertes the cosniution in a way that A
interpriting the consitutionbased on its original meaning at the time of its adoption and intended by the framers
the originallist approach
41
what is the main deabte around racial equallity
if and to what extent afiirmative action is needed to achive it
42
whats it called when teh judicary acts behond tehir consitution roel
imperial judicary
43
what si sit called when a single judge acts behond tehir consitution roel
judicial activism
44
what is teh principal that Scotus aught to uphold the rulings of past court dessions called
stare decisis
45
what act created the supream court + why
* teh federal judicary act 1789 alsmot dirrectly after the consitution was created
* this is becuse Con left the structure of the federal court up to congress
46
the supream court is .......... in the land acording to the con
* the highest judicial authority
47
what did feltcher v. peck establish and when wasit
* the pricipal that the supream court could enct judicial review over the legisation of the state legislatures
* 1810
48
what is judicial review
desiding teh consitutionallityof laws
49
when was madison vs mamsburry
1803
50
why and when was thommas potayus impeached from a federal court
* 2010
* willingly and purosly making fase statements
51
hwo amny times ahs the elctoral collage been tied
2 times
52
what do they call bill amendment in the US
mark ups
53
what is the kinda equivillant selct comitee for the us
standing committee
54
when was the tax cuts and jobs act intoduced and passed
* 2nd of novmbre 2017
* 15th of decembre 2017
55
what % of bills in congress need a .......... to unify them ?
* confirence comitee
* 10%
* rest are disputed by part leadership
56
when was the ERA
1972
57
give a recent example of bipartizan ship in the trump era
* failer to repeal the AHA with The American Health Care Act (AHCA) - withdrawn as faied to gain republican support in either chamber ( enough to pass)
* over ride of trumps NDAA veto with 2/3 majority despite having a rebublican majority in the senate
58
give an exaple of a succesful veto overide in the obama era
* justice agaist sponcers of terrorim act 2016 allowing victums of terrorism to sew foreign states
* obama vetoed but was overeidden ( but by republican senate )
59
what was the supream court case that delt with the AHA
NFIB v. Sebelius (2012)
60
give a expale of Stare decisis in reltion to segregation of schools
* in Plessy v. Ferguson, segregatio in facillities was uphelad via the principal "seperate but equal" however
* this was overtuned in Brown v. the Board of eduction 1954 because in schools......................
61
give an exaple of trump acting imperialy in terms of imigation policy + when
trumps travel ban banning the citozens of 7 ( majority muslum) countries from coming to the US, januarry 2017
62
explain mamsburry vs madison
The background of the case involves the election of 1800, where Thomas Jefferson defeated incumbent President John Adams. In the final months of Adams' presidency, he appointed several new federal judges, including William Marbury, who was nominated as a justice of the peace for the District of Columbia.
However, some of these last-minute appointments, known as the "Midnight Judges," did not have their commissions delivered before Adams left office. The new Secretary of State under President Jefferson, James Madison, refused to deliver Marbury's commission.
Marbury filed a lawsuit in the Supreme Court, seeking a writ of mandamus, which would compel Madison to deliver the commission. Chief Justice John Marshall, who wrote the majority opinion, faced a dilemma: if the Court ordered Madison to deliver the commission, it could be ignored by the executive branch, undermining the Court's authority. On the other hand, if the Court refused to hear the case, it could be seen as yielding to political pressure.
In the landmark decision, Marshall ruled that Marbury had a legal right to his commission, but the Supreme Court did not have the power to enforce it through a writ of mandamus. Marshall argued that the portion of the Judiciary Act of 1789 that granted the Supreme Court this power was unconstitutional because it expanded the Court's original jurisdiction beyond what was allowed by the U.S. Constitution.
63
whats teh differnce between oversight and checks and ballences
Checks and balances refer to the division and allocation of powers among different branches of government to prevent any one branch from becoming too powerful or abusing its authority
Oversight, on the other hand, refers to the process by which one branch of government monitors and supervises the actions of another branch
64
what is a non midterm election called
* a general ellection
* or a presidential election
65
how much of a vote is needed to declair war
* 50%
66
what act did brown vs teh board of education 1957 overturn
* Plessy v. Ferguson (1896)
* "seperate but equal" - 14th amendment - equal protection clause
67
give an exapel of a justice who was almost impeached from the supream court
Abe fortas 1968 - financial improprieties and conflicts of interest - resigned instead
68
give an exaple of a case when the supream court had original juratiction
New Jersey v. New York (1998) over the ownership of ellis iland
69
give an exaple of a case when the supream court had original juratiction
New Jersey v. New York (1998) over the ownership of ellis iland
70
how many republicans voted for the impeachment of trrump second time ?
10
71
expalin the cases and when that held up affirmative action
* grutter vs bollinger 2003
* The Supreme Court, in a 5-4 decision, upheld the University of Michigan Law School's affirmative action policy as constitutional as it took a wholist approach to admissions looking at race as just one of many fators
* under 14th amendment equal protection clause
72
give an exaple of a supream court ruling that would have mad eit more difficult for inderviduals to challenge teh law if it resiricted their religious freedom
employmen t divsion v. smith (1990)
73
whats the current sallery for a justice
$255,000/yr
74
s
h
75
when and under who was harriet miers appointed
bush, 2005, ( she was a white house lawyer with no judicial expirence)
76
for your essay plan " evaluate teh view taht teh supream court is inderpendent" what are your sub points for the point of there being seperation of powers
* enumerated seperate powers
* impeachment
77
do the words devolution and federlaism need capitals
no
78
whne was bush 2 presidnt
2001-2009
79
whats a treaty that was signed by the Uk primister but ratified by the us senate with a 2/3 majority vote
the defense cooperation treaty 2007 - bush
80
what are teh constitutiona forign powers of congress
* The power to regualte **commerce** with foreign nations.
* The power to establish rules of naturalization
* The power to **declare war.**
* The power to raise and support armies and provide for a navy.
* The power to make **treaties**, provided that they are ratified by two-thirds of the Senate
81
spell miliatry
military
82
when was the NDAA and iran war powers resolution act
* NDAA- 2021 - succesful veto
* IWPRA - 2020 - unsucessful veto
83
give an exaple of and expalin a execultive agreement acting as a treaty
* Iran Nuclear Deal - 2015 - obama
* iran agreed to limmit its neucular defnese if the uS ( and other countries) would remove some economic sanctions)
* should have been a treaty as START was
84
spell primaries and caususes
primaries and caucuses
85
spell procedures
procedures
86
spell lisa murkowski
lisa murkowski
87
when did lisa murkowski win by a write in
2010
88
when did and who made primariys and causes manditory
* late 60s - mid 70s
* the parties
* after critisms of putting forward to many establismnt figures
89
how old was kentanji brown jackson when appointed in 2022
51
90
points evaluate the appointment process to the supream court
* checks and ballences
* becoming more partizan
1
* politisised process
* cant recall appointments
2
* ABA ratings and hearing ( transparency ensur emritocrcy)
* other factors inflencing selction
91
just name a failed supream court nomination + teh year and preident
* Robbert Bork
* 1987
* regan
92
what are your points for the supream court being inderpendent
* consitutional sepertion of powers
* appointments
* congressional powere
| ( then countre both)
93
givw an exaple of a supream court judge who reisgned under the thretof impeachemnt + year
* In 1969
* Abe Fortas
94
what supream court case delt with trumps travel ban ( being imperial) ? + why it was an issue?
* Trump v. Hawaii
* 2018
* the travel ban violated the First Amendment's Establishment Clause, which prohibits the government from favoring or disfavoring any religion
95
give an expale of a executive **order** trump **made** that was imperial and had practical imperial applictaions
* trump tevel ban 2017, banning 7 counties, majority muslum.
* some see to be violating 1st amenment - ( trump vs hawii)
96
when was new york vs new jersy over ellis iland
1998
97
what are teh main provisons of the first amendment
* Freedom of Religion
* freedom of the press
* Freedom of Assembly
* Freedom of Speech
98
is milliatry action considered foreign policy
yes
99
is imigration considered forig policy
yes
100
who has imigration contole in the us
both the preidncy and teh congress
101
divide up forign policy into differnt areas
* international relations ( treaties and executive agreemnts)
* Commerce ( comerce cause given to congress in con)
* war powers
* appointments of ambasiders
* imigration ( both)
102
what is Commerce
trade esentully
103
give an exple of the prident making agreements that strechinto foreign comerse that tehy got away with + by who and when
* NAFTA ( north ameican foreign trade agreemnt) - free trade zone among the United States, Canada, and Mexico
* bill clinton 1993
104
whats teh current afiramtive action case going on + expalin and sig
* Students for Fair Admission v. Harvard and Students for Fair Admission v. University of North Carolina
* asian student arging tehy are being unfairly discriminate agist
* significant as in Grutter v. Bollinger (2003) the curt held that afirmative action had to be continually reviewd and this case they may rule taht it is no lobeger jstified
105
give an exmple of stare decisis being uphled by the supream court
* univeristy of california vs v. Bakke (1978)
* grutter vs bollinger 2003
1. rasicla based abmission may only be used if its a wholsit aproach and not a set quota as that violated tehe equal protection clause of teh 14 amendment
106
when was plessy vs ferguson
* 1896
107
what it is calle dwhen most teh court deside on a certain verdict for a certain reson
majority ruling
108
what was the first airmative action case
* the univerity of clifornia vs bakke 1978
* quotas unconsitutional 14th amendment but wholistic is ok
109
when was the prohabition amendment + what amendment was it
* 1919
* 18th amendment
* repealed by the 21st amendmt 1933
110
when was clarrence thomas appointed
1991
111
when was Roe v. wade
* 1973
112
whos a secuatry of defense who has their appointment nomination rejected
* john towers ( alchoholism and womanisation)
* bush 1989
113
what was robbert borks appointment nomination vote
* 58 no ( included 2 republicans)
* 42 yes ( all republicans) (party lines)
114
who was the justice that obama appointed who was quite cemtrist but the rupublican senate wound down teh clock on him
* meric garland in 2016
115
what was teh vote on ruth bader ginsbur's appointemnt and why is this relliavnt + when
* 96/3 yes
* bipartizan support
* 1996
116
who have been two long serving SC Justices
* rush bader ginsburge - 27 years ebfore death
* Clarrence thomas 32 years os far ( since 1991)
117
know the judicary is so politisised what are supream court justices often called
politicians in robes
118
what act struck down some prevsions of the mcain feingold act + what were some of thoes provisions
* citozens united vs FEC (the federal elections comission) (2010) (
1. that soem of the ways the bipartizan cameign reform act 2003 violated the freedom of speach caluse of the 1st amendment
119
give an exple of the consitution being hard to amend, leaving room for vaugery and empoweing the supream court
a proposal for the "People's Rights Amendment" or the "Citizens' Amendment." This amendment sought to clarify that corporations do not possess the same constitutional rights as individuals and that campaign spending can be regulated by Congress. It was a responce to teh supream court striking down certain provisions of the bipartizan capeign reform act 2003 in citozens united vs the federl elections comission
120
what did teh religious freedoms restortaion act do
* established a higher standard of scrutiny for laws that might infringe on religious freedoms after the supream court case employmentdivisons vs simith in 1990
* The Court ruled that as long as a law was neutral and applied generally without targeting specific religious practices, it could be enforced and did not violate teh freedom of religion clause of the first amendment.
* congress was enble to enact this law as it did not violate any other parts/ undermine the cosnitution
121
give an exple of a failer of a judge who should have been impeached
* **clarence thomas broke ethrics codes when he was found to be accepting dmations in the form of juxuary vation from welthy republican donors**
* (futhermore his wife was found to be tryign to undermine the 2020 election result. ) - alhtough not dirrectly a reson that could call foe impeahcment
122
give an exaple of pork barrel legisation
* the bridge to knowehere in alaska conecting iland of less than 100 peopel with the mainland for a cost of hundreds of millions.
* a part of the transportation equllity act 1998
* never enacted in the end as too much controversy
