The Development of Constitutional Democracy Flashcards
What is the Origination Clause?
Also Revenue Clause.
Any bill raising revenue (taxation) must begin in the House
Why was the ruling of Gillette v. US (1971)?
The Court ruled that conscientious objectors must be opposed to all wars and not just specific wars, if the objection is on religious grounds.
How does Congress limit the president’s powers in foreign policy?
- Congress alone can declare war.
2. Congress approves treaties by a two thirds majority.
What is the outcome of MacDonald v. City of Chicago?
States may not pass laws that prohibit gun ownership
What civil liberties are contained in the Constitution?
- Habeas corpus
- no bills of attainder
- no ex post facto laws
- two witnesses in open court for treason
What is the Exclusionary Rule?
Evidence is inadmissible in court if discovered or developed as a result of an initial illegal search or seizure.
What are ten constitutional powers of Congress?
- Power to tax
- Maintain an army and navy.
- Regulate trade and commerce.
- Coin and borrow money.
- Grant patents and copyrights.
- Declare war.
- Establish laws regulating naturalization and bankruptcy.
- Set the budget.
- Provide advice and consent on appointments.
- Impeach executive and judges.
What is the optimal form of government?
Representative democracy (republic).
Who administers, organizes, and pays for elections?
State governments
What does the Tenth Amendment affirm?
The reserved powers of the states: “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.”
Which amendment protects the rights of those convicted of a crime?
Eighth Amendment
What is the difference between a caucus and a primary?
Caucuses are elections run by political parties.
Primaries are elections run by state governments.
What was the primary goal of the Articles of Confederation?
To limit the powers of national government and thus provide for greater state sovereignty.
Which Amendment prohibited the denial of voting rights on account of race?
The Fifteenth Amendment
What was the Fairness Doctrine?
Required a station that discusses controversial issues to give time to discussing different sides of the issue, but no longer the law.
In which case did the Supreme Court establish that spending on political campaigns constitutes political speech protected by the First Amendment?
Buckley v. Valeo
What is the ruling of McCullough v. Maryland (1819)?
This decision relied on a broad interpretation of the Necessary and Proper Clause in Article I.
Congress had the implied powers to establish a national bank.
Maryland and other states could not interfere with the bank by taxing it, because of the Supremacy Clause.
What is the ruling of Obergefell v. Hodges (2015)?
The Court ruled that the fundamental right to marry is guaranteed to same sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment.
What is the bandwagon effect?
Media pays more attention to candidates who poll well in the Fall and in the first few primaries.
What is the difference between strict and loose construction?
Strict constructionist approach is that government can only do that which is specifically mentioned by Constitution
Loose constructionist approach is based on idea that Constitution gives government the power to undertake various activities and various methods
Where are my rights while accused of a crime detailed?
The Fifth Amendment
The Sixth Amendment
The Eighth Amendment
What are my protections afforded by bail under the Eighth Amendment?
Innocent until proven guilty
Needing my freedom to prepare my defence.
What are the rights granted under the Fifth Amendment?
- Grand jury indictment.
- Protection from self-incrimination.
- Protection from double jeopardy.
- Requirement of due process.
Which amendment concerns the rights of individuals engaged in civil disputes?
Seventh Amendment
What is significant about Article IV, Section 1?
This is the Full Faith and Credit Clause, or the Comity Clause, which requires states to accept court decisions, public acts, contracts of other states.
What was the outcome of Citizens United v. FEC (2010)?
Removed corporate spending limits on campaign funding
What is the concept of judicial restraint?
Judges should be reluctant to overturn congressional laws, actions of the president, or state actions
What is the difference between PAC and Super PAC?
PACs are limited in what they can give financially but can coordinate activities with candidates
Super PACs are not limited in what they can give but cannot coordinate activities with candidates
What is the strongest advantage of the electoral system?
It has always worked
Which case provided for a reliance on local community standards to determine what would be permitted on prime time TV?
Miller v. California (1973)
When was the 1996 Defense of Marriage Act ruled unconstitutional under the Due Process guarantees of the Fifth Amendment?
United States v. Windsor (2013)
What is the concept of judicial restraint?
Judges should be reluctant to overturn congressional laws, actions of the president, or state actions
How often does the process of reapportionment take place?
Every state must go through the process of reapportionment and redistricting every 10 years to accommodate changes in state population based on the last census.
What is the constitutional basis of the implied powers of Congress?
The Necessary and Proper Clause
What is a key role of the Senate and House appropriation committees?
All bills that require expenditure of funds have to go through and be approved by the appropriations committee which sets up an authorized level of spending.
What freedom of expression is protected by the First Amendment?
Freedom of speech.
Freedom of press.
Freedom of assembly.
What is the significance of the Twenty-Sixth Amendment?
Extending the right to vote to ages 18-21
What was the outcome of Minersville v. Gobitis (1940)?
Court ruled that public schools could compel students to salute the flag and recite the Pledge of Allegiance despite religious objection.
Ultimately, the Court was reluctant to overturn local or state laws.
In this case, the Court held that the states interest in national cohesion was inferior to none in the hierarchy of legal values, as national unity is the basis of national security.
This was later overruled by West Virginia State Board of Education v. Barnette (1943).
What is the significance of the Sixteenth Amendment?
Congress can tax income without regard to apportionment
Which Amendment prohibited the denial of voting rights on account of race?
The Fifteenth Amendment
Describe the significance of McCullough v. Maryland (1819).
This ruling struck down attempts by the states to control or direct the affairs of federal institutions.
Maryland could not levy tax against Bank of the United States.
US property is wholly immune to state taxation, as well as government activities and institutions.
Cf. Supremacy Clause
What was the objective of the Voting Rights Act of 1965?
Remove the discriminatory practices of the STATES that limited the right to vote because of race
Public opinion is…
a collection of attitudes and beliefs formed through political socialization
Which theory of media suggest that what people see or read creates their own perception of reality?
Cultivation theory (not hypodermic theory)
What is the significance of the Interstate Commerce Clause?
Congress has interpreted very broadly as a justification for modern day ECONOMIC regulation.
Which amendment details the rights of those suspected of a crime?
Fourth Amendment
What must a candidate win when seeking a states electoral votes?
A majority of the states popular vote
What are rights granted under the Sixth Amendment?
- Right to a speedy trial
- Trial before an impartial jury (versus biased jurors)
- Opportunity to defend yourself
- Know what you are accused of (informed of the charge against you)
- Having an attorney
- Confronting witnesses against you
- Presenting witnesses on your behalf
What is stare decisis?
Reliance on previous decisions and established precedent
Describe the significance of Article 4, Clause 3 in the Constitution
The Fugitive Slave Clause allowed slave owners to reclaim their human property in the states where slaves had fled.
What is the outcome of Colombia v. Heller (2008)?
Individual constitutional right to possess firearms for self defence was recognized
What is the influence of Montesquieu on the Constitution?
Procedural rights and due process which are granted by people to themselves (not natural rights). Government (a) provides a frame of security within which liberty can exist and (b) is restrained by procedural rights to prevent from tyranny.
What is the outcome of Brandenburg v. Ohio (1969)?
In the absence of imminent lawlessness, the government is restricted from punishing speech.
Cannot punish abstract advocacy of force or law violation.
What is the Establishment Clause?
Congress can’t pass laws that start or prohibit state-sponsored religions, officially sponsored or “established” by taxes.
Who administers, organizes, and pays for elections?
State governments
When was the poll tax banned?
Twenty-Fourth Amendment in 1964
What is the significance of the Fifteenth Amendment?
This was passed in an effort to allow African Americans to vote but was stymied by discriminatory practices by local officials.
What are rights granted under the Fourth Amendment?
Protection from unreasonable searches and seizure.
What is the Equal Time Rule?
Required that if one candidate purchased advertising, then all candidates in the same race would be allowed to purchase airtime at the same price
What is the ruling of Burwell v. Hobby Lobby (2014)?
This ruling allows privately held corporations (for profit) to be exempt from regulations objected to by its owners, if there is a less restrictive means of furthering the law’s interest, according to the RFRA.
This supports free exercise of religion.
What is a legislative liaison?
Represents government institutions to other decision makers in government
Soft money can be used for…
- Advocacy for issues and ads
2. Party-building efforts
Which case found that evidence obtained without a warrant that does not fall under the exclusionary rule is not admissible?
Mapp v. Ohio
What is the goal of New Federalism?
Decentralize policy to enhance efficiency
Reduce overall public spending
What are the inherent powers of Congress?
- power to control the borders
- power to expand the territory of the state
- power to defend itself from coups or internal revolution
What civil liberties are contained in the Constitution?
- Habeas corpus
- no bills of attainder
- no ex post facto laws
- two witnesses in open court for treason
Is it lawful to quarter troops in private residences in wartime (if allowed by law) and at peace (with owner consent)?
Yes
What is the ruling of McCullough v. Maryland (1819)?
This decision relied on a broad interpretation of the Necessary and Proper Clause in Article I.
Congress had the implied powers to establish a national bank.
Maryland and other states could not interfere with the bank by taxing it, because of the Supremacy Clause.
Soft money can be used for…
- Advocacy for issues and ads
2. Party-building efforts
Which case provided for a reliance on local community standards to determine what would be permitted on prime time TV?
Miller v. California (1973)
What is the outcome of Lemon v. Kurtzman?
The ruling in this case permits government involvement that can limit religious practices as long as it is not excessive entanglement.
The Lemon Test:
- The action or law must not lead to excessive government entanglement or oversight effort.
- Action or law can neither inhibit nor advance religious practice; neutral in effects on religion.
- Action or law must have a secular purpose with no religious justification.
What was the outcome of West Virginia State Board of Education v. Barnette (1943)?
The Free Speech Clause of the First Amendment protects students from being forced to salute the American flag and say the Pledge of Allegiance in public school.
The Court ruled that the flag salute is protected speech (“a form of utterance”) and that any compulsory unification of opinion is doomed to failure and antithetical to First Amendment values.
“Words uttered under coercion are proof of loyalty to nothing but self-interest.”
Which Article in the Constitution deals with the executive branch?
Article II
What is one of the first priorities of an incoming president?
Indicating to foreign leaders which of the executive agreements will continue to be honoured.
What is the significance of the Interstate Commerce Clause?
Congress has interpreted very broadly as a justification for modern day ECONOMIC regulation.
What is the difference between strict and loose construction?
Strict constructionist approach is that government can only do that which is specifically mentioned by Constitution
Loose constructionist approach is based on idea that Constitution gives government the power to undertake various activities and various methods
When was the 1996 Defense of Marriage Act ruled unconstitutional under the Due Process guarantees of the Fifth Amendment?
United States v. Windsor (2013)
What is the outcome of Sherbert v. Verner (1963)?
The Court upheld the right of a Seventh Day Adventist claim to unemployment benefits despite declining to make herself available for work on Saturday.
Cf. Free Exercise Clause of the First Amendment
Government required to demonstrate both a compelling interest and that the law in question was narrowly tailored before it denied compensation.
Cf. strict scrutiny
What is the constitutional basis of the implied powers of Congress?
The Necessary and Proper Clause
How is executive privilege used?
Used by presidents to withhold information from Congress to avoid both the congressional usurpation of executive power and to protect individuals from embarrassing actions.
