Mid Term Oct 13 Flashcards
Amendment 4
The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the persons or things to be seized.
Amendment 1
Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Amendment 5
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases rising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; not shall any person be subject for the same offense to be twice out in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment 8
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment 10
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.
Amendment 14 Section 1
All persons or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws.
Amendment 14 Section 2
Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of person in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for prez and vice prez of the US, reps. in congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being 21, and citizens of the U.S., or in any way abridged, except for participation therein shall be reduced in the proportion which the number of such male citizens shall beat to the whole number of male citizens 21 in such state.
Amendment 14 Section 3
No person shall be a senator or rep. in congress, or elector of the prez and vice prez, or hold any office, civil or military, under the US, or under any state, who, having previously taken an oath, as a member of congress, or as an officer of the U.S., or as a member of any state legislature, or as an executive or judicial officer of any state, to support the constitution of the US, shall have engaged in the insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But congress may be a vote of two- thirds of each house, remove such disability.
Amendment 15 Section 1
The right of citizens of the U.S. to vote shall not be denied or abridged by the U.S. or by any state on account of race, color, or previous condition of servitude.
Amendment 19
The right of citizens of the U.S. To vote shall not be denied or abridged by the U.S. or by any rate on account of sex. Congress shall have power to enforce this article by appropriation legislation.
Agenda Setting
Determines the subject of a conflict. Party leaders and committee chairs do this.
Primary election
A preliminary contest that narrows the number of the parties candidates and determines who will be the nominees in the general election.
General election
Final election that selects an office holder.
Judicial review
Court authority to declare laws null and void on the grounds that they violate the constitution
Supremacy clause
Constitutional provision that says the laws of the national government “ shall be the supreme law of the land”
Federalism
Division of sovereignty between at least two different levels of government. (National and state)
Conference committee
A group of reps. from both the house and the senate who iron out the differences between the two chambers’ versions of a bill or resolution.
Congressional committee
Where members of house are assigned to a committee- division of labor
Every committee has a committee chair- longest serving member- leader.
Sub-committees- committee within a committee- in order to specialize indifferent areas.
What are the types of congressional committees?
Standing, select, legislative, non legislative, intra-chamber, and inter-chamber.
Standing committee
Permanent
Legislative committee
Authority to write a law to vote on
Intra-chamber committee
Members of just the house or just the senate. Formed at the end of a law passing process
What are the powers of congressional committees?
Info collection, draft legislation, quasi-judicial-powers similar to court power- can investigate anything they want within their jurisdiction-committee chair acts like a judge, and agenda setting.
Filibuster
Delaying tactic by which one or more senators refuse to allow a bill or resolution to be considered, either by speaking indefinitely or by offering dilatory motions and amendments.
Civil rights
Specific rights that embody the general right to equal treatment under the law.
Equal protection clause
14th amendment clause specifying that no state can deny any of its people equal protection under the law.
ERA (equal rights amendment)
Proposed amendment to the constitution that banned gender discrimination.
What are the purposes of congressional committees?
Division of labor, development of expertise, and write legislation, write a law everyone can vote on.
Marbury vs. Madison 1803
The Supreme Court carved out for itself the power to strike down laws of congress that it determines are unconstitutional.
Baker vs. Carr 1962
“One man, one vote” doctrine- meaning that states must not dilute the votes of individuals when redrawing confessional district boundaries. Specifically, when state legislatures redraw congressional districts, congressional districts must contain roughly equal numbers of people.
Brown vs. board of education (Topeka Kansas) 1954
The court overturned plessy vs. ferguson, ruling that separate public facilities are inherently unequal, violating the “equal protection” clause of the 14th amendment to the U.S. Constitution: separate is not equal.
Plessy vs. ferguson 1896
The court ruled that separate public facilities for blacks and whites in the south were equal, and that “color-blind” segregation is protected under the U.S. Constitution.
Miranda vs. Arizona 1966
Miranda rights.
Bush vs. gore 2000
After the disputed 2000 prez election. The U.S. Supreme Court ordered that the state of Florida had to stop recounting its ballots, ruling that the recount violated the equal- protection clause of the 14th amendment.
McCulloch vs. Maryland 1819
The Supreme Court first used judicial review to declare a state law unconstitutional.
Allowed congress to establish a bank
State cannot tax government
Ability to tax and spend
Winner-takes-all voting system
Whoever gets the most vote wins
Presidential democratic government
Independently elected executive
Parliamentary democracy
No IEE Prime minister Premier Legislative body called parliament People only vote for parliament Parliament will vote for prime minister
Lobbying
Interest group activities to influence directly the decisions that public officials make
Proportional representation voting systems
Electoral system in which parties receive a share of seats in parliament that is proportional to the popular vote they receive
Single member, simple plurality system
SMSP system
Electoral system in which the country is divided into geographic districts and the candidates who win the most votes within their district are elected
Political action committee PAC
Specialized organization for raising and spending campaign funds often affiliated with an interest group or association
Soft money
Money contributed by interest groups labor unions and individual donors that is not subject to federal regulation
Prior restraint doctrine
Legal doctrine that gives individuals the right to publish without prior restraint that is without first submitting material to a government censor
Stare decisis
Inc court rulings reliance on consistency with precedents
Precedents
Previous court decision or ruling applicable to a particular case
Commerce clause
Constitutional provision that gives congress power to regulate commerce “among states “
Judicial review
Court authority to declare laws null and void on the grounds that they violate the constitution
Bureaucracy
Hierarchical organization of officials with responsibility for specific tasks
Executive order
A presidential directive that has the force of law although it is not enacted by congress
Executive privilege
The right of the president to deny congress information it requests on the grounds that the activities of the executive branch must be kept confidential
Civil service protection
Created based on two principles
Hiring based on merit
Fired based on good cause
Advantages - govt doesn’t have to fire and hire new members every 4yrs
