PA Flashcards
liberty and property?
John Locke
Occupy Wall Street movement?
Correction of today’s economic inequalities
There were several factors that significantly contributed to the government structure outlined in the Articles of Confederation. What was one of them?
Americans wished the government to be representative of the states.
Major difference between the Articles of Confederation and the Constitution?
The Articles of Confederation did not provide for a national judiciary.
Great Compromise between the Virginia Plan and the New Jersey Plan that was finalized in the Constitution establish?
A two-chamber Congress
Three-fifths compromise?
Slave states to count three-fifths of their enslaved population for the purpose of representation.
Federalist argument in support of the ratification of the Constitution?
Strong national government= better for national defense & economic growth
James Madison referencing when he stated, “Ambition must be made to counteract ambition” in Federalist, no. 51?
Separation of powers and checks and balances
Judicial check on the executive branch?
The Supreme Court can declare actions by the executive branch unconstitutional.
Legislative check on the judicial branch?
Congress can change the Supreme Court’s jurisdiction.
Members of the Senate have more legislative power than members of the House of Representatives?
Smaller number of Senate members compared to the representatives
Equal proportions method of congressional apportionment?
Congressional districts are drawn in order to maintain similar numbers of voters in each district.
Congressional allocation that would influence the national budget to help a member of congress’s district or state?
Funds for the building of an airport in a congressperson’s district
Why is the House Rules Committee one of the most powerful committees in the U.S. House of Representatives?
It determines the rules for debate and in what order to schedule consideration of bills in the House.
Term limits for the president?
22nd
Executive agreements?
Establish agreements with foreign countries without congressional approval
“Executive privilege”?
A president may withhold confidential communication from the courts and the legislative branch.
How can an outgoing president exert significant influence over a new president’s administration?
By having a budget that affects the ability of the incoming administration to pursue new initiatives
Marbury v. Madison?
It established the principle of judicial review.
How are individuals nominated to the Supreme Court?
They are chosen by the president of the United States.
14th Amendment affect the powers of the federal judiciary?
It expanded the judiciary’s power over states that applied laws unfairly.
Power reserved for the states?
Conducting elections
Amendment- States to reserve powers not explicitly granted to the national government?
10th
Gibbons v. Ogden
A loose constructionist interpretation of the commerce clause
How do most states award votes in the Electoral College?
The candidate who wins the popular vote in the state gets all the electoral votes for the state.
Which amendment provided for the separate election of the president and vice president?
12th
Open primary system?
Voters registered with any political party are allowed to vote for candidates in any party during the primary.
What is true about campaign ads in primary elections?
They often try to raise the name recognition of a candidate.
Purpose of creating the Federal Election Commission in the 1970s?
To ensure transparency in campaign financing
Who can vote for a United States representative?
Any voter in the representative’s congressional district
Inside lobbying?
An attempt to sway government decision-making targeted directly at government officials
U.S. v. Windsor and Obergefell v. Hodges?
They declared DOMA unconstitutional and legalized same-sex marriage nationwide.
How do Super PACs operate?
They cannot give money directly to individual candidates.
One common method of influence used by interest groups?
They target members of congressional committees that have special influence on relevant legislative areas
Supreme Court establish that spending on political campaigns constituted political speech that is protected by the First Amendment? Case
Buckley v. Valeo
Citizen being less likely to vote?
Having a lower income job
Required by states under the 1993 National Voter Registration Act?
It required states to allow citizens to register to vote when they sign up for driver’s licenses.
A voter casts a ballot for a candidate based solely on the candidate’s previous vote on a tax cut. Which type of voting decision is demonstrated in this situation?
Retrospective
One method used by Southern states to restrict African American voting during the early 1960s?
Literacy tests
Plessy v. Ferguson?
It allowed racial segregation by establishing the “separate but equal” doctrine.
Guarantees the right of a public trial and representation by an attorney?
6th
Focus of multiple amendments in the Bill of Rights?
The rights of criminal defendants
Supreme Court use the standard of strict scrutiny?
Cases that restrict fundamental rights of protected classes
Power of the government to take or use property for a public purpose?
Eminent domain
Mapp v. Ohio?
Evidence obtained without a warrant falls under the exclusionary rule and is not admissible
Rights for individuals to question those who testify against them and to call witnesses for their own defense?
6th
U.S. Supreme Court’s interpretation of the Fifth Amendment’s right to due process mean for citizens?
The government must use consistent and fair procedures if it wants to limit a citizen’s rights or seize private property.
Brandenburg v. Ohio significant for freedom of speech?
It extended federal protection for abstract discussions of violence and overthrow of the government.
Burwell v. Hobby Lobby Stores?
Businesses do not have to provide employees access to birth control if it violates the business owner’s religious beliefs.
Texas v. Johnson?
Flag burning is constitutionally protected political speech
Supreme Court’s Lemon test when determining whether a law violates the establishment clause?
It must not inhibit nor advance a particular religious practice.
Obergefell v. Hodges?
It required that same-sex marriages be recognized across states.
Roe v. Wade?
It upheld that the right to privacy included a woman’s right to an abortion.
How did the Civil War Amendments affect individual rights in the United States?
They expanded individual rights by extending protections to people of color
Media agenda setting?
Agenda setting determines which events deserve public attention
Principle of prior restraint?
The government can prevent some information from being published if it affects national security
Which legislation required the executive branch of the U.S. government to provide information requested by citizens?
The Freedom of Information Act
How do presidents use mandates after an election?
They use their public support to implement campaign promises
Why is the Supreme Court affected less by public opinion than other government organizations?
The justices are not elected but are appointed
What is one common demographic group?
Income
Dred Scott v. Sanford
Slaves would remain slaves in non-slave states and slaves could not sue because because they were not citizens
US v. Miller
1939- National Firearms Act of 1934 allowing gov to ban interstate shipping of some unregistered guns (because it was unrelated to state militias)
Korematsu v. US
1944- upheld the order providing for the relocation of Japanese Americans- 1988- formally apologized and agreed to pay 20K to each survivor
Brown v. Board of EDU Topeka- 1954
Overturned Plessy v. Ferguson, “Separate but equal) is unconstitutional in the public EDU
Mapp v. Ohio
Exclusionary rule- evidence seized illegally cannot be used in court
Gideon v. Wainwright
A person who cannot afford an attorney may have one appointed by the Govt
Sherbert V. Verner
Unemployment may not be denied on religious basis
Griswold v. Connecticut
1965- right to privacy- struck down state law forbidding even married people to use any form of contraception
Miranda v. Arizona
Suspects must be informed of their right to consult with an attorney and their right against self-incrimination prior to questioning by law enforcement
Harper v. Virginia State Board of Elections
Struck down poll tax @ state level
Tinker v. Des Moines
Students have a right to symbolic speech as long as it is not disruptive
Miller v. Cali
1973- avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a “prurient interest and being “patently offensive” and lacking in value
Cohen v. Cali
arrest and conviction for disturbing the peace and wearing a jacket expressing opposition to the draft and the Vietnam war. Conviction was overturned by the supreme court since his actions were silent and he made no attempt to otherwise disturb the peace.
Roe vs. Wade
1973- legalized abortion based on women’s right to privacy
Citizens United v. Elections commision
2010 landmark- ruled that individuals, corporations, and unions could donate unlimited amounts of money to groups that make independent political expenditures
Furman v. Georgia
struck down all state laws allowing the death penalty stating that they allowed for too much discretion on the part of the judge and jury resulting in lack of consistent admin of the penalty
Gillette v. US
Individual cannot use religion to get out of a particular war, must be against all wars
Lemon v. Kurtzman
1971- Aid to church related schools must have legislative purpose, primary effect that nether advances nor inhibits religion, and not foster excessive government entanglement with religion
McDonald v. Chicago
Right of indiviual to keep and bear arms is protected by the 2nd amend and is incorporated by the due process clause of the 14th amend and applies to the states
Planned Parenthood v. Casey
Loosened its standard for evaluating restrictions on abortion from one of “strict scrutiny” of any restraints on fundamental right
Miller v. Johnson
racial gerrymandering violates the equal protection clause
McCulloch v. Maryland
Maryland was trying to tax the national bank and was ruled that federal law is stronger than the state law
Gibbons v. Ogden
Regulating interstate commerce is a power reserved for federal gov
Minersville School District v. Gobitis
2 children expelled for not saluting the American flag at a school due to being Jehovah’s witnesses. SC ruled that the salute does not infringe on liberties protected by the 1st and 14th. National Unity- in the state’s interest
w. Virgina v. Barnette
Schools cannot require students to salute the flag or say pledge of allegiance
Sherbert v. Verner
Free exercise clause 1st amend- govt has to demonstrate compelling govt interest beofre denying unemployment comp to some one who was fired because the job conflicted with the religion of the person.
Oregon HR v. Smith
state could deny unemployment benefits for violating state prohibition on the use of peyote even though use of drug was part of a religious ritual
US v. Windsor
must provide benefits to married same sex couples
Obergefell v. Hodges
States obligated to recognize same sex marriage from other states
Freedom- religion, assembly, press, petition, and speech
1st
Bear arms
2nd
Right to not be force from home by soldiers during times of peace and without consent of the owner
3rd
Prohibits unreasonable searches and seizures and sets requirement for warrents
4th
Right to due process, no self incrimination, eminent domain, double jeopardy, and grand jury
5th
Right to speedy trial by jury and right to lawyer
6th
Right to civil cases over $20
7th
Right to no cruel and/or unusual punishments, no unfair bail, fines, or fees
8th
Protects rights not enumerated in the constitution
9th
The powers no delegated to the US by the constitution, nor prohibited by it to the states , are reserved to the states respectively, or to the people.
10th
Prohibits a citizen from one states from suing another state
11th
Electoral college must have two separate elections for the presidents and vice president
12th
abolishes slavery and involuntary servitude, except as punishment for a crime
13th
All born in US are citizens and guaranteed equal protection of the laws
14th
prohibits denial of the right to vote
15th
Allows Govt to collect income tax
16th
Senator by election and popular vote
17th
prohibits etoh manufacturing- repealed 12/05/1933 with 21st amend
18th
prohibits denial of right to vote based on sex
19th
Changes the date on which terms of the president, vp, and congress end and begin
20th
repeals 18th amend
21st
limits how many times someone can be president
22nd
grants DC electors in the electoral college
23rd
prohibits revocation of voting rights due to non payment on poll tax or any other tax
24th
Succession of presidency
25th
Prohibits the denial of us citizens 18 yrs and older to vote
26th
delays laws affecting congressional salary from taking effect until after the next election
27th
