Test 2 Flashcards
1
Q
What is federalism? Horizontal federalism?
A
federalism: how power is split between state and national government
- compromise between unitary and confederate systems
- unitary: all power in central gov
- confederation: power through states
horizontal federalism: sharing of power between coequal federal entities
-includes interstate obligations such as full faith and credit
2
Q
What was the new deal?
A
program started by FDR to stimulate the economy
- great depression called for increased role of national gov
- included social security, FDIC, farm subsidies
3
Q
what does DC vs Heller say about the second amendment?
A
in 2008 5-4 ruling
-amendment protects an individuals right to bear firearms in the home for self defense
4
Q
what was the ruling in the case of heart of atlanta motel?
A
congress may remove obstructions to the flow of interstate commerce
-75% of guests from out of state said to have effect
allowed removal of discrimination by race in areas of public accommodation under civil rights act of 64 using power to regulate commerce
5
Q
What are the ideals of John Calhoun?
A
nullification: states had sovereignty prior to constitution and never surrendered it
- therefore the constitution is a compact entered by states and they can leave it
- states can strike down federal law in its own borders
- supreme court tried this but had to back down
6
Q
last paragraph of majority opinion in south dakota vs dole
A
involved witholding highway funds as a way to make south dakota raise its drinking age
not coercion because not much money was witheld
congress can spend money or not to set rules
7
Q
10th amendment
A
powers not delegated to US by constitution nor prohibited by states are reserved to states
8
Q
13th anendment
A
abolition of slavery
9
Q
14th amendment
A
citizenship, due process, equal protection under law for blacks
10
Q
15th amendment
A
right to vote not abridged by race
11
Q
19th amendment
A
right to vote not abridged by sex
12
Q
24th amendment
A
remove poll tax for federal elections
13
Q
26th amendment
A
voting age is 18
14
Q
27th amendment
A
regards changing the pay of senators until the following term
15
Q
What was the missouri compromise? what happened?
A
split the US into 22 states, 11 free and 11 slave
- missouri would tip the balance
- maine entered as a free state and missouri as a slave state
- line drawn across missouri slavery was prohibited north of that line
16
Q
what is the ruling of kelo vs new london
A
expands the meaning of “public use” under emminent domain
-economic development plan to revitalize the city is valid under imminent domain
17
Q
what is the defense of marriage act? current states? US vs windsor?
A
DOMA said for federal purpose marriage is between a man and woman
-struck down by US vs Windsor
US vs windsor
- federal law didnt give marital inheritance tax deduction to female couple in new york
- NY recognized it but fed gov did not
- ruled DOMA violates the 14th amendment (equal protection): impermissible hostility towards gays
18
Q
what is the term for gov power to take property?
A
imminent domain
19
Q
what are suspect classifications?
A
discriminatory attributes that may not be used in law making without a compelling interest
-includes race, color, and national origin
20
Q
what was the purpose of the sherman anti trust act
A
in 1890 made illegal any monopoly in restraint of interstate commerce
21
Q
what is the full faith and credit clause
A
each state must respect public acts, judicial proceedings, and records of other states
22
Q
how did swann vs charlotte mecklenburg influence desegregation
A
charlotte NC only has one segregated school district, parents sue
asked what remedies federal courts can use to desegregate
- school attendance zones
- exchanging teachers
- transportation
23
Q
what did mcculloch vs maryland say about states taxing the national government
A
states can tax things within its border except national gov on three principles
- national gov is supreme
- a tax controls the object affected by tax
- a state cannot control the national gov because it is supreme therefore it cannot tax
24
Q
who was fredrick douglass
A
social reformer, abolitionist, orator, writer, and statesman
“the existence of slavery brands your republicanism as a sham”
25
how does south dakota vs dole relate to spending
congressional power to spend money allows congress to withold funds to affect policy if it is not coercion
26
what were federalist vs antifederalist ideas on the bill of rights
federalists thought it was unnecessary but agreed for the sake of ratification
27
what effect did plessy vs ferguson have on segregation
justified segregation of separate railroad cars for blacks and whites as “separate but equal”
28
what effect did brown vs board of education have on segregation
overruled plessy vs ferguson, separate is inherently unequal
29
what effect did swann vs charlotte have on segregation
provided means to enforce desegregation
30
what was the significance of US vs Darby
involved darby lumber company and fair labor standards act
-does company that only processes timber effect interstate commerce and thus FLSA applies?
whether production, manufacturing, or marketing all that matters is if activity somehow affects interstate commerce
-congress can regulate anything impacting interstate commerce
31
how does john marshall define commerce? in what case?
gibbons vs ogden
| -commerce is the commercial intercourse for purpose of trade
32
what is the importance of griswold vs connecticut
the US constitution contains a “fundamental right of privacy” including personal decisions such as contraception
33
what is the doctrine of selective incorporation
when SCOTUS finds a right to be fundamental it will be considered a liberty as described in the 14th amendments due process of law clause
-states must abide by bill of rights in these cases
34
why did SCOTUS say dred scott was not a citizen
citizenship was limited to those who were citizens when the constitution took effect
- he was not free
- he was negro
35
what did gibbons vs ogden say about commerce
defined commerce as the commercial intercourse for the purpose of trade
36
what did US vs EC knight say about commerce
limited the sherman act
| -manufacturing and commerce were not equal
37
what did heart of atlanta motel vs US say about commerce
congress may remove obstructions to interstate commerce i.e discrimination
38
what did US vs lopez say about commerce
possession of a hand gun does not equal interstate commerce
| -strikes down federal safe streets act
39
what does US vs darby say about commerce
anything that has an effect on interstate commerce falls under FLSA
- does not matter if its marketing, production, or manufacturing
- congress can regulate anything affecting interstate commerce
40
what did gonzales vs raich say about commerce
commerce power can regulate local activities affecting commerce
41
what did wickard vs filburn say about commerce
commerce power can regulate local activities affecting commerce (this case was wheat gonzales case was weed)
-federal commerce power supersedes state law
42
what was the civil rights act of 64
ended public discrimination, established equal opportunity and investigation
43
define preemption and how it applies to arizona vs US
when an act of congress removes state regulation in a particular area
-usually when state law tries to effect something federally regulated
arizona vs US: arizona tries to create its own immigration law
-struck down preemption
44
what is heightened scrutiny? when is it used?
heightened scrutiny is determining whether a law serves strict governmental objectives
- mostly used in cases related to gender
- more than rational scrutiny less than strict scrutiny
45
what is the ruling in lawrence vs texas
struck down same sex sodomy
| -held that consenting adults regardless of sexual preference have right to privacy
46
what did SCOTUS say about male only admissions in US vs virginia
there must be exceedingly persuasive justification
47
what happened to michigan law schools affirmative action in grutter vs bollinger
SCOTUS held that race and other factors contribute to diversity and life experience
48
what did roe vs wade decide was rights of woman/fetus
woman: right to privacy, subject to qualifications
fetus: increasing rights/gov interest over time
49
how does the americans with disabilities act define disability
a physical or mental impairment that substantially limits one or more major life activities
50
what is sexual harassment
- quid pro quo
- hostile work environment
- type of discrimination under title VII, civil rights act of 64
51
why did john barron lose in barron vs baltimore
because the bill of rights (right to property) did not apple to states until the doctrine of selective incorporation
52
how did regents vs bakke treat the use of racial quotas
struck it down but allowed race to be a factor
53
lawrence vs texas
case involves two adults in a consenting private situation
engaged in homosexual conduct and have right to do so privately
the state cannot control/demean their existence
under due process clause texas has no legitimate interest which can justify its intrusion
54
what did SCOTUS say in PICS vs seattle school district
- use of race in assigning pupils violates equal protection
- when race is being used in an inclusionary manner and not in an exclusionary way standards should be relaxed
- any use of race must pass strict scrutiny
55
what does strict scrutiny require? rational scrutiny?
strict scrutiny: state must prove a compelling interest for law to prevail
- plaintiff: must show purposeful discrimination
- applies to suspect classification and fundamental rights
56
what was decided in san antonio vs rodriguez
wealth is not a suspect classification
education is not a fundamental right
it is rational to finance public education based on property tax
57
what was the seneca falls declaration of sentiments and resolutions
first womens rights convention held by elizabeth cady stanton and lucretia mote in 1848
-modeled the declaration of independence and demanded gender equality
58
last part of gonzales vs raich majority?
commerce power can regulate local activities affecting interstate commerce
59
what limitations on abortion were upheld in planned parenthood vs casey
- no undue burdens
- location: hospitals
- 24 wait period
- mandatory counseling
- parental notification for minors
60
what did national fed of independent business vs sebelius say about regulation of commerce? tax power? spending power?
commerce: can mandate purchase of insurance, affects health industry
tax: penalty for not being insured was really a tax
spending: congress cannot use spending to coerce states
61
obergefell vs hodges
ruled that marriage is a fundamental right regardless of gender
-14th amendment requires a state to license same sex marriage and recognize lawful out of state marriages
62
explain title IX
no person on the basis of sex be excluded from participation, be denied benefits of, or be discriminated by any educational program receiving federal assistance
63
voting rights act of 65
applied to all states where fewer than 50% of eligible voters were registered or > 50% had voted last presidential election
increase in black voting due to less discrimination
64
poll tax
prohibited in 24th amendment
violates equal protection clause
65
literacy test
required proof of literacy to vote
| -rigged tests
66
“a mans house is his castle and whilst he is quiet he is well guarded as a prince in his castle”
james otis
67
jim crow laws
state and local laws that enforced racial segregation
ex: school segregation, separate railroads, segregated public accommodations
68
plessy vs ferguson
upheld the constitutionality of racial segregation laws as long as they were “separate but equal” accommodations
69
brown vs board of education
overturned plessy vs ferguson, established that separate schools for black and white kids was unconstitutional
70
little rock high school
where they forst started integration of schools in arkansas, 9 black students were enrolled and it was a test of brown vs board of education, much protest so military had to be sent down to protect the students
71
james meredith
an african american civil rights figure, writer, and political advisor
led the march against fear in response to continuing racism in the south and also encouraged voter registration after the voting rights act was passed
72
rosa parks
“mother of freedom movement”, played a pivotal role in the montgomery bus boycott, refused to give up her seat to a white passenger on a bus and was arrested for it
73
I have a dream speech
a public speech by MLK jr during the march on washington for jobs and freedom in 1963 in which he calls for an end to racism in the US and economic/civil rights
74
bloody sunday
in 1965 some civil rights marchers were marching in selma and came to the edmund pettus bridge where they were attacked and assaulted by state troopers and others with clubs, tear gas, etc
result was the passage of the voting rights act of 1965
75
voting rights act of 1965
signed by LBJ, outlawed discriminatory voting practices such as literacy tests and poll tax, it helped enforce the 14th and 15th amendments
76
malcom x
minister and human rights activist especially for blacks, indicted white america in harsh terms for their crimes, challenged non violence and wanted followers to defend themselves by any means necessary
77
who was the father of nullification
john calhoun
78
what is nullification
states right to veto federal laws
79
what was a direct result of the civil war
that federal gov was supreme and that the union could not be broken
80
who talked in chapter 8
ronald reagan and FDR
81
what do FDR and reagan have in common
both entered office during a time of economic crisis
82
what economic crisis happened in reagans presidency? FDR?
great recession and great depression
83
what did FDR do to counteract the economic crisis
used the government to get people back to work through programs like WPA and the CCC
84
what was the reagan revolution
plan to return power to state and local governments
85
what programs to FdR implement
social security, workers compensation, FDI, and a national minimum wage
did this by using constitutional powers to regulate commerce, levy taxes, and spending for the general welfare
86
what did ronald reagan believe lots of federal programs did
eat up federal budget and expand federal power
87
who is frederick douglass
former slave who was an activist for civil rights and womens rights
88
what is the american dilemma
the existence of a powerful ideal of equality at the heart of the nation with the systemic subordination of groups of people based on race
89
how did frederick douglass feel about the constitution
he believed it to be a glorious liberty document and vindicated it from any design to support slavery for an hour
90
who is elizabeth cady stanton
early advocate of womens rights who led the seneca falls convention
91
what significant thing did elizabeth cady stanton do
helped organize the first womens rights convention, wrote the declaration of sentiments that was modeled after the declaration of independence but championed womens rights specifically
92
how many years after seneca falls did women gain the right to vote
72 years
93
who is thurgood marshall
the first black supreme court justice and a strong advocate for civil rights, also promoted an interpretation of the constitution that expanded the fundamental rights of citizens (loose interpretation)
94
what significant case did marshall win before the supreme court
brown vs board of education
95
who appointed thurgood marshall
president johnson
96
what were marshalls beliefs
defended affirmative action, rought against racial discrimination, opposed to death penalty, treated constitution as a living document
97
what did marshall try to establish in san antonio vs rodriguez
principles for determining which individual rights might be fundamental and subjecting any government action that seeks to restrict these freedoms to strict scrutiny
98
“we conclude that in the field of public education the doctrine of separate but equal has no place”
brown vs board of education
99
“if the states may tax one instrument employed by the government in the execution of its powers they may tax any and every other instrument”
mcCulloch vs maryland
100
“if the state is interested in protecting fetal life after viability it may go so far as to proscribe abortion during that period except when its necessary to preserve the life and health of the mother”
roe vs wade
101
“any person haled into court who is too poor to hire a lawyer cannot be assured a fair trial unless counsel is provided for him”
gideon vs wainright
102
“women seeking and fit for a VMI quality education cannot be offered anything less under the commonwealths obligation to afford them genuinely equal protection”
US vs Virginia
103
“fellow citizens the existence of slavery in this country brands your republicanism as a sham your humanity as a base pretense and your christianity a lie”
frederick douglass on the 4th of july
104
“the petitioners are entitled to respect for their private lives. the state cannot demean their existence or control their destiny by making their private sexual conduct a crime”
lawrence vs texas
105
what happened in lawrence vs texas
invalidated sodomy laws and made same sex sexual activity legal in every state
