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.
What is the last clause of Article I, Section 8?
The Elastic Clause or Necessary and Proper Clause: “to make all Laws which shall be necessary and proper for carrying” out constitutional responsibilities.
What was the ruling of Miller v. Johnson (1995)?
Georgia’s congressional redistricting violates the Equal Protection Clause.
Only 1 of 11 districts were majority African American, despite 27% being African American population.
Due to this, a “monstrosity” second district was drawn up to give a second majority AA district, but lacked any structure.
Race could be taken into consideration in redistricting, but districts cannot be drawn with ONLY race in mind.
Cf. Equal Protection Clause of the Fourteenth Amendment
What is a common effect of majority-minority districts?
Drawing these districts often can only be done by diluting minority voting strength in neighbouring districts.
How are electoral votes distributed?
According to total congressional representation (number of representatives for each state plus the two senators).
Describe the National Voter Registration Act (1993)
Allowed citizens to register to vote when signing up for drivers license and Social Security benefits
Increased registrations by 7% but did not dramatically increase voter turnout
Which Article IV clause requires states to treat all citizens the same and prohibits them from discriminating against our-of-state residents or providing special privileges to its own residents?
Privileges and Immunities Clause
What is the Origination Clause?
Also Revenue Clause.
Any bill raising revenue (taxation) must begin in the House
What characterizes a unitary system of government?
The central government controls virtually all spending directly or by how it delegates spending power to the local level.
What did the Lilly Ledbetter Fair Pay Act of 2009 reinforce?
Equal Pay Act of 1963
What is the outcome of Colombia v. Heller (2008)?
Individual constitutional right to possess firearms for self defence was recognized
What is essential for a bill to become a law?
The bill must pass both the House and Senate in identical form before proceeding to the president.
What is the influence of Locke on the Declaration of Independence?
Locke emphasized natural rights (versus procedural rights); government serves us best by leaving us alone.
A president’s mandate to govern rests mainly on:
High approvals ratings among the public.
What is de facto segregation versus de jure segregation?
De facto segregation exists because of voluntary associations and neighbourhoods
De jure segregation exists because of local laws that mandate the segregation
What is the significance of Branzburg v. Hayes?
Limited the right of journalists to withhold names of sources
What are arguments against the electoral college?
- Violates “one person one vote” expectation
- Diminishes voter participation in safe states
- Undermines majority rule
What is the significance of the Twenty-Second Amendment?
Limits an individual to two terms as president
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.
Where is it defined that symbolic speech to express political opinions is protected constitutionally?
Cohen v. California
What is the significance of the Twenty-Second Amendment?
Limits an individual to two terms as president
Which Amendment impacted the ruling in Texas v. Johnson?
The First Amendment, in that burning the flag was deemed to be protected symbolic speech covered under freedom of expression.
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.
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.
What is the basis of Congress’ oversight authority?
Not a specifically enumerated power, but implied by Article I including power of the purse, advice and consent, and power of impeachment.
What was the outcome of Citizens United v. FEC (2010)?
Removed corporate spending limits on campaign funding
Reversed the McCain-Feingold Act’s major limitations on soft money spending and other creative ways to support candidates
What are powers reserved to the state?
- Regulate trade and business within state
- Establish public schools
- Licensing requirements for professionals
- Regulate alcoholic beverages
- Conduct elections
- Establish local governments
What are five exceptions to the Fourth Amendment requirement for a warrant?
- Consent
- Search takes place where a person lacks a reasonable expectation of privacy
- When the item is in plain view
- If evidence is in imminent danger of destruction or tampering with
- If reasonable suspicion that person is involved in criminal activity
Why are the rights granted under the Eighth Amendment?
Protections against excessive bail or fines and from cruel and unusual punishment
What rights are granted by the First Amendment?
The Establishment Clause: Congress can’t pass laws that prohibit or start religions.
Free Exercise Clause: Congress cannot make laws that prohibit free exercise of religion.
What is the ruling of Employment Division v. Smith (1990)?
States are not required to accommodate illegal acts performed in the pursuit of religious beliefs, so the state can deny unemployment benefits to a person fired for violating a state prohibition of drug use for religious ritual.
What is the significance of Article VI, Clause 2?
This is the Supremacy Clause: the Constitution, laws passed by Congress, and treaties made by the federal government were “the supreme law of the land.”
According to social contract theory, what is the origin of society?
Society is the product of human desire and effort.
What is the significance of Branzburg v. Hayes?
Limited the right of journalists to withhold names of sources
What did the Lilly Ledbetter Fair Pay Act of 2009 reinforce?
Equal Pay Act of 1963
Which two states split their electoral votes by congressional district?
Maine and Nebraska
Which Article IV clause requires states to accept court descriptions, public acts, and contracts of other states?
Full Faith and Credit Clause
How do civil rights differ from civil liberties?
Civil rights are requirements for government action
Civil liberties are restrictions on government power
A liberty is a proscription (banning), and a right is a prescription
What is the significance of the Twenty-Fourth Amendment?
Prohibition of poll taxes that was used to suppress African American and poor voting.
The Federal Election Campaign Act requires…
- Imposed limits on individual contributions to a campaign
2. Candidates must report who donates to their campaigns
What is the outcome of Wisconsin v. John Yoder (1972)?
The Court ruled that Amish children could not be placed under compulsory education beyond 8th grade; the parents’ fundamental right to freedom of religion was determined to outweigh the states interest in educating their children.
Why were majority-minority districts created?
To avoid gerrymanders that diluted the voting power of minorities.
What is the significance of the Sixteenth Amendment?
Congress can tax income without regard to apportionment
Describe separation of powers
Each branch of government has its own function to perform, giving a measure of independence (versus the check and balance interdependence).
Why legislation prevented discrimination that built upon the Civil War Amendments?
The Voting Rights Act of 1965
The Civil Rights Act of 1964
What election cycle event allows local party members to select their delegates?
A caucus
How many federal appellate courts in the US?
13
Which Article in the Constitution deals with the judiciary?
Article III
What are the enumerated powers in Article I, Section 8?
- levy and collect taxes
- declare war
- raise an army and navy
- coin money
- borrow money
- regular commerce among states and foreign nations
- establish federal courts and bankruptcy rules
- establish rules for immigration and naturalization
- issue patents and copyrights
How do the various states allocate their electoral votes?
48 states and DC use “winner take all” and 2 states use a “district” method. The district approach allocated one electoral vote per popular vote winner in each district, and two electoral votes for the winner of the states popular election.
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 is a brokered convention?
No candidate has a majority of a party’s delegates before the start of the convention
Which two states split their electoral votes by congressional district?
Maine and Nebraska
The Federal Election Campaign Act requires…
- Imposed limits on individual contributions to a campaign
2. Candidates must report who donates to their campaigns
How do civil rights differ from civil liberties?
Civil rights are requirements for government action
Civil liberties are restrictions on government power
A liberty is a proscription (banning), and a right is a prescription
What is the purpose of Federalist no. 51?
- Eased the fear of national government abusing its power with promotion of separation of powers and checks and balances.
What is the power defined by Article II, Section 2 of the Constitution?
The presidential power of recess appointment during Senate recess.
What are the three important protections afforded by the Fourteenth Amendment?
Equal protection
Due process
Privileges and immunities
*extended protection to all citizens in all states
Is it lawful to quarter troops in private residences in wartime (if allowed by law) and at peace (with owner consent)?
Yes
What are the three important protections afforded by the Fourteenth Amendment?
Equal protection
Due process
Privileges and immunities
*extended protection to all citizens in all states
Describe the National Voter Registration Act (1993)
Allowed citizens to register to vote when signing up for drivers license and Social Security benefits
Increased registrations by 7% but did not dramatically increase voter turnout
Which Amendment made slavery illegal?
The Thirteenth Amendment
What are the enumerated powers in Article I, Section 8?
- levy and collect taxes
- declare war
- raise an army and navy
- coin money
- borrow money
- regular commerce among states and foreign nations
- establish federal courts and bankruptcy rules
- establish rules for immigration and naturalization
- issue patents and copyrights
What are the two case types required for strict scrutiny as supported by the Fourteenth Amendment?
A fundamental constitutional right being infringed upon (freedom of speech or religion)
Suspect classification such as race or origin
What was the purpose of Federalist no. 10?
- Easing the fear of the power of factions and elites, and
- Encouraging citizens to promote liberty of opinions and ideas
Factions can be contained by a representative government, though Madison acknowledges that there is no way to stop factions from forming without taking away the liberty of citizens.
What are the two case types required for strict scrutiny as supported by the Fourteenth Amendment?
A fundamental constitutional right being infringed upon (freedom of speech or religion)
Suspect classification such as race or origin
What is the Free Exercise Clause?
This portion of the First Amendment limits the ability of the government to control or restrict religious practices.
The Establishment Clause regulates the government’s promotion of religion;
The Free Exercise Clause regulates the government’s suppression of religious beliefs and practices.
What is the significance of Article 1, Section 2, Clause 3 in the Constitution?
This was the Three-fifths Compromise, later repealed by the Fourteenth Amendment (1868). This counted 60% of the slave population for state representation in the House and for taxation purposes.
What is the basis of Congress’ oversight authority?
Not a specifically enumerated power, but implied by Article I including power of the purse, advice and consent, and power of impeachment.
Describe the significance of Gibbons v. Ogden (1824).
The Court defined and interpreted the power to regulate interstate commerce given to Congress. The authority of Congress was expanded to regulate navigation, based on the Commerce Clause of Article I.
Cf. Supremacy Clause.
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 significance of the Nineteenth Amendment?
This gave women the right to vote.
When was the poll tax banned?
Twenty-Fourth Amendment in 1964
What natural right is protected by Hobbes’ social contract?
The right to life.
What is stare decisis?
Reliance on previous decisions and established precedent
How did Locke view the state of nature?
Inconvenient, but peaceful and consisted of rational human beings.
What is the goal of New Federalism?
Decentralize policy to enhance efficiency
Reduce overall public spending
What are the 7 steps of the process of lawmaking?
- Bill is introduced and given to appropriate standing committee
- Bill is then sent to the Rules Committee
- Bill is debated in the House and Senate with possibility of Senate filibuster
- Bill is voted on by the House and Senate
- Bill sent to conference committee to form one unified bill
- Unified bill sent back to House and Senate for the vote
- Bill goes to president for signature or veto
What are arguments against the electoral college?
- Violates “one person one vote” expectation
- Diminishes voter participation in safe states
- Undermines majority rule
What is the outcome of MacDonald v. City of Chicago?
States may not pass laws that prohibit gun ownership
What is the affect of redistricting and gerrymandering?
Gerrymandering to the advantage of the majority party in state legislatures can be effective in influencing the makeup of the House.
What is a legislative liaison?
Represents government institutions to other decision makers in government
Describe the impeachment process
A majority vote in the House followed by a hearing in the Senate with two-thirds majority vote to remove.
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
What is the Great Compromise?
The Great (Connecticut) Compromise is the agreement for a bicameral legislature with Senate having equal representatives from each state and House having number proportional to STATE population.
What are the bases for election process for the President and Vice President?
Article II of the Constitution and the Twelfth Amendment
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
Which Article of the Constitution deals with the legislature?
Article I
Public opinion is…
a collection of attitudes and beliefs formed through political socialization
Characteristics of Virginia Plan
- Bicameral legislation
- Population-based representation
- National government can legislate for states and veto state laws
Which Amendment prohibits states from denying citizens rights, due process, or equal protection?
Fourteenth Amendment
What is the pro form session?
This keeps the Senate officially in session while functionally in recess to block recess appointments.
Why was the Twelfth Amendment necessary?
Jefferson and Burr received the same number of electoral votes and tied.
This Amendment requires separate votes for President and VP
Which theory of media suggest that what people see or read creates their own perception of reality?
Cultivation theory (not hypodermic theory)
Which Amendment made slavery illegal?
The Thirteenth Amendment
What is the difference between budget and appropriation?
Budget committees set overall spending limits
Appropriations committees recommend specific allocations of funds
What are powers reserved to the state?
- Regulate trade and business within state
- Establish public schools
- Licensing requirements for professionals
- Regulate alcoholic beverages
- Conduct elections
- Establish local governments
What is the legal reason for vote deprivation according to the Fifteenth Amendment?
Conviction of the felony.
What happens upon an electoral vote tie?
The House, by states, choose the president and the Senate chooses the VP
What concern did separation of powers address during the Constitutional Convention?
Concern that increasing the power of national government would allow it to become too powerful; separation of government into branches and giving a unique function to each branch limits the ability of national government to gain too much power.
What is the significance of Marbury v. Madison?
Established judicial review.
Confirmed independence of judiciary.
Argued only the Constitution could give the Supreme Court jurisdiction, not Congress.
What is the outcome of Cohen v. California?
Rather than being arrested for disturbing the peace due to wearing an obscenity protesting the Vietnam War, the defendant should have been left alone as he was using symbolic speech to express a political opinion.
What is the difference between budget and appropriation?
Budget committees set overall spending limits
Appropriations committees recommend specific allocations of funds
How much authority did Locke cede to society over citizens in a social contract?
Limited authority; no more power than necessary to regulate the natural rights and co-existence of its citizens.
What is a vote on cloture?
Procedural device to block a filibuster by supermajority vote of 60 votes (3/5).
Describe checks and balances
Allow each branch of government to monitor and influence other branches, making sure that no one branch becomes too powerful.
What were six weaknesses of the Articles of Confederation?
- National government (NG) could not impose tax on citizens; only request money.
- NG could not regulate foreign trade or interstate commerce.
- NG could not raise an army; relied on state militia.
- Each state had only one vote in Congress regardless of size.
- Articles of Confederation could not be changed apart from unanimous vote.
- No national judicial system.
Name five powers under the Articles of Confederation.
- Power to borrow and coin money.
- Power to declare war (no national military).
- Power to make treaties and alliances with other nations (no military = no assistance guarantee).
- Power to regulate trade with Native Americans.
- Power to settle disputes among states.
What is the significance of Marbury v. Madison?
Established judicial review.
Confirmed independence of judiciary.
Argued only the Constitution could give the Supreme Court jurisdiction, not Congress.
What is significant about Article I, Section 8?
The enumerated powers of the national legislature
How does the Constitution define the Supreme Court’s original (versus appellate) jurisdiction?
Cases of disputes between states or between the USA and foreign ambassadors or ministers.
The Supreme Court is for the most part an appeals court operating under appellate jurisdiction
What is a brokered convention?
No candidate has a majority of a party’s delegates before the start of the convention
What is the outcome of Miller v. California?
The Miller Test for obscenity:
- Whether the average person applying contemporary community standards would find that the work as a whole is overtly sexual or appeals to negative sexual attitudes
- Whether the work describes or depicts offensively sexual conduct
- Whether the work as a whole lacks serious literary, artistic, political, or scientific value
Which Amendments prevent the states and federal government from abridging citizens right to vote based on race, sex, and age?
Fifteenth Amendment
Nineteenth Amendment
Twenty-Sixth Amendment
What is de facto segregation versus de jure segregation?
De facto segregation exists because of voluntary associations and neighbourhoods
De jure segregation exists because of local laws that mandate the segregation
What natural right is protected by the Lockean social contract?
Quality of life, namely liberty and property.
Where did the court determine that a jury must make factual determinations to base a death penalty on?
Furman v. Georgia
Why is horse-race journalism?
Media calling out candidate’s every move throughout a presidential campaign; less attention paid to relevant details of the election and more to superficial events and details.
Why legislation prevented discrimination that built upon the Civil War Amendments?
The Voting Rights Act of 1965
The Civil Rights Act of 1964
Characteristics of the New Jersey Plan
- Unicameral legislation
- State-based representation
- National government provides defence but does NOT override state authority
What was the outcome of Tinker v. Des Moines?
School systems could not arbitrarily prohibit students from expressing political views in a non-disruptive way (such as the symbolic speech of wearing black armbands).
What are arguments against the electoral college?
- Violates “one person one vote” expectation
- Diminishes voter participation in safe states
- Undermines majority rule
Why was the Twelfth Amendment necessary?
Jefferson and Burr received the same number of electoral votes and tied.
This Amendment requires separate votes for President and VP
