American Government 2305 Exam 3
23rd Amendment
gives residents of Washington DC the right to vote for representatives in the Electoral College.
What is intermediate scrutiny?
is a test courts will use to determine a statute's constitutionality. ... To pass intermediate scrutiny, the challenged law must: further an important government interest. and must do so by means that are substantially related to that interest.
Who was C.O.R.E.
is an African-American civil rights organization in the United States that played a pivotal role for African Americans in the Civil Rights Movement.
What is ordinary scrutiny?
is the legal standard for determining whether all other types of discrimination are constitutionally allowed.
27th Amendment
prohibits any law that increases or decreases the salary of members of Congress from taking effect until the start of the next set of terms of office for Representatives.
15th Amendment
prohibits the federal and state governments from denying a citizen the right to vote based on that citizen's "race, color, or previous condition of servitude".
26th Amendment
prohibits the states and the federal government from using age as a reason for denying the right to vote to citizens of the United States who are at least eighteen years old.
How many Senators are in the U.S. Senate
two Senators from each State (therefore, the Senate currently has 100 Members)
2nd amendment
"A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
5th Amendment
"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 arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger;..."
What legal protections come from the 5th Amendment?
"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 arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger;..."
11th Amendment
"The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State." Meaning; the Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
10th Amendment
"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." the United States Constitution is the section of the Bill of Rights that basically says that any power that is not given to the federal government is given to the people or the states.
4th Amendment
"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,..."
How many representatives are in the House of Representative
435
What are the circuit courts of US?
A court of appeals decides appeals from the district courts within its federal judicial circuit, and in some instances from other designated federal courts and administrative agencies. The United States courts of appeals are considered among the most powerful and influential courts in the United States.
What is symbolic speech?
A legal term in United States law used to describe actions that purposefully and discernibly convey a particular message or statement to those viewing it.
What does an upper court issue in order to receive information about a case from a lower court?
A remand
24th Amendment
Abolished the poll tax for all federal elections. A poll tax was a tax of anywhere from one to a few dollars that had to be paid annually by each voter in order to be able to cast a vote.
Why was the Freedom Rider John Lewis significant in U.S. politics?
Born in Alabama in 1940, John Lewis grew up in an era of racial segregation. Inspired by Martin Luther King Jr., he joined the burgeoning Civil Rights Movement. Lewis was a Freedom Rider, spoke at 1963's March on Washington and led the demonstration that became known as "Bloody Sunday." He was elected to Congress in 1986 and received the Presidential Medal of Freedom in 2011.
What court case banned the practice of Separate but Equal?
Brown v. Board of Education
What are the categories of law in the United States
Criminal Law: cases in which people are accused of committing crimes that harm other people or property. Civil Law: disputes between people or groups, including disputes between governments and citizens Constitutional Law: if a person sues over excessive bail (8th amendment issue) Administrative Law: cases involve law, rules and regulations that the executive branch and its agencies have implemented International Law: cases involving any law that affects the United States and any foreign nation, including laws that involve treaties, trade agreements, etc
What is De Facto segregation
De facto racial discrimination and segregation in the United States during the 1950s and 1960s was simply discrimination that was not segregation by law (de jure). Jim Crow laws, which were enacted in the 1870s, brought legal racial segregation against black Americans residing in the American South.
What is De Jure segregation?
De jure segregation refers to the legal separation of groups of people based on the law.
What court case denied slaves legal standing in the United States?
Dred Scott v. Sandford Scott's lawyers appealed to the Supreme Court, which heard arguments in 1856 and delivered its decision the following year. The Court ruled that no African American could be a citizen and that Dred Scott was still a slave. The court also ruled that the Missouri Compromise of 1820 was unconstitutional.
8th Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
7th Amendment
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
What is the role of the Majority Leader in the U.S. House and the U.S. Senate?
In U.S. politics, the majority floor leader is a partisan position in a legislative body. In the federal Congress, the role of the Majority Leader of the United States House of Representatives and the Majority Leader of the United States Senate differ slightly.
6th Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
What the term for rulings on the constitutionality of laws
Is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries such as the United States and Canada, the relationship between the central government
What is the responsibility of the Minority Leader of the U.S. House of Representative
Is often assisted in his/her role by one or more whips, whose job is to enforce party discipline on votes deemed to be crucial by the party leadership and to ensure that members do not vote against the position of the party leaders.
What is strict scrutiny?
Is the most stringent standard of judicial review used by United States courts. It is part of the hierarchy of standards that courts use to determine which is weightier, a constitutional right or principle or the government's interest against observance of the principle.
What role did the Freedom Riders play in the evolution of the Kennedy Administration's response to the Civil Rights Movement?
It demonstrates the critical role of activists in pushing the Kennedy Administration to face the contradiction between its ideals and the realities of federal politics. In this case, the Kennedy Administration finally acted in defense of individual rights at the risk of offending powerful Southern politicians.
What is Prior Restraint?
Judicial suppression of material that would be published or broadcast, on the grounds that it is libelous or harmful. In US law, the First Amendment severely limits the ability of the government to do this.
What is the term for a court's ability to hear a case
Jurisdiction
What court case legally sanctioned internment camp
Korematsu v. United States, 323 U.S. 214 (1944), was a landmark United States Supreme Court case concerning the constitutionality of Executive Order 9066, which ordered Japanese Americans into internment camps during World War II regardless of citizenship.
What court case established Judicial Review?
Marbury v. Madison
how many freedom riders were sent to Parchman
More than 300
What does an upper court issue in order to receive information about a case from a lower court?
Most cases start at the district court level. Once a district court judge issues a ruling, or a jury issues a verdict glossary for 'verdict', a case can proceed to the circuit court level, or even all the way up to the Supreme Court. However, cases can move down the structure as well. If a higher court overturns a decision of a lower court, the higher court will usually remand glossary for 'remand' the case to a lower court. A complex case may go back and forth among the different levels one or more times.
How many Justices are on the US Supreme Court
Nine
3rd Amendment
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in manner to be prescribed by law.
What penitentiary were many Freedom Riders sent to
Parchman is the Mississippi State Penitentiary. During the Freedom Rides in 1961, Freedom Riders were arrested in Jackson for challenging segregation on public buses. Twenty-seven riders rode from Montgomery, Alabama to Jackson on May 24, 1961.
How can the Freedom of Assembly be restrained?
People are entitled to assemble and to speak and be heard, as long as they remain nonviolent
What court case dealt with abortion as a privacy issue?
Roe v. Wade
9th Amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
What are the different types of committees
Standing committees: deal with issues of permanent legislative concern Select committees: Deals with temporary issues, investigation. Joint committees: consist of members of both houses usually created to deal with a specific issue.
What amendment extended voting rights regardless of race
The 15th Amendment to the Constitution granted African American men the right to vote by declaring that the "right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude."
What law is designed to give some protection to disabled Americans?
The Americans with Disabilities Act (ADA) became law in 1990. The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public
What law has limited protection of civil liberties?
The Bill of Rights applies mostly to the federal government, so citizens were not protected from the states' encroaching on their civil liberties. The Fourteenth Amendment, ratified in 1868, protects citizens against state infringements of the rights and liberties guaranteed in the Constitution.
16th Amendment
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.
Where in the Constitution is the Equal Protection Clause created?
The Equal Protection Clause is part of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides that no state shall deny to any person within its jurisdiction "the equal protection of the laws".
What legal protection is created by court decisions?
The Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution prohibits states from denying any person within its territory the equal protection of the laws. This means that a state must treat an individual in the same manner as others in similar conditions and circumstances.
How can the Freedom of the Press be restrained?
The First Amendment to the U.S. Constitution, says that "Congress shall make no law....abridging (limiting) the freedom of speech, or of the press..." Freedom of speech is the liberty to speak openly without fear of government restraint.
What clause protects the exercise of religion?
The Free Exercise Clause reserves the right of American citizens to accept any religious belief and engage in religious rituals. Free-exercise clauses of state constitutions which protected religious "[o]pinion, expression of opinion, and practice were all expressly protected" by the Free Exercise Clause.[1] The Clause protects not just religious beliefs but actions made on behalf of those beliefs.
What law created the current federal judicial system
The Judiciary Act of 1789, officially titled "An Act to Establish the Judicial Courts of the United States," was signed into law by President George Washington on September 24, 1789. Article III of the Constitution established a Supreme Court, but left to Congress the authority to create lower federal courts as needed.
What clause creates separation of Church & State?
The first amendment to the US Constitution states "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof" The two parts, known as the "establishment clause" and the "free exercise clause"
What must be done in regards to bills that have to deal with revenue?
The Origination Clause, also known as the Revenue Clause, reads as follows: All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills
Who confirms federal judge nominations to the bench
The President and confirmed by the United States Senate, as stated in the Constitution.
17th Amendment
The Senate of the United States shall be composed of two Senators from each state, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislatures.
What are the powers of the Speaker of the House?
The Speaker's most prominent role is that of presiding officer of the House. In this capacity, the Speaker is empowered by House rules to administer proceedings on the House floor, including the power to recognize Members on the floor to speak or make motions and the power to appoint Members to conference committees
19th Amendment
The amendment states that the right of citizens to vote "shall not be denied or abridged by the United States or by any State on account of sex."
21st Amendment
The eighteenth article of amendment to the Constitution of the United States is hereby repealed. Section 2. The transportation or importation into any State, Territory, or Possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.
What court case created the practice of Separate but Equal?
The phrase was derived from a Louisiana law of 1890, although the law actually used the phrase "equal but separate". The doctrine was confirmed in the Plessy v. Ferguson Supreme Court decision of 1896, which allowed state-sponsored segregation.
What are Whips responsible for?
The principle task of a party whip, formally known as "assistant party leader," is to keep track of the number of votes for and against a piece of legislation. They're also responsible, along with the party's leader, for "whipping up" support for a particular position. Not every vote gets whipped
What legal protections come from the 4th Amendment?
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, and particularly describing the place to be searched, and the persons or things ...
How many circuit courts of appeals are in the US
There are 13 appellate courts that sit below the U.S. Supreme Court, and they are called the U.S. Courts of Appeals.
What test is used to determine aid to parochial school?
This test is used to determine when government actions in general (including aid to parochial schools) violates the Establishment Clause of the First Amendment. The three part test that is used in this type of situation is typically known as the "Lemon Test."
What are the constitutional requirements for running for Congress?
U.S. Constitution: age (25 for the House, 30 for the Senate); citizenship (at least seven years for the House, nine years for the Senate); and inhabitancy in the state at the time ..
What are the two types of opinions given in Supreme Court decisions?
Unanious: All agree Majority: Most agree but not all Discent:Don't agree, disagree Conquring:Voted with majority, but don't agree with the reasons
13th Amendment
United States Constitution abolished slavery and involuntary servitude, except as punishment for a crime. In Congress, it was passed by the Senate on April 8, 1864, and by the House on January 31, 1865.
12th Amendment
an amendment to the U.S. Constitution, ratified in 1804, providing for election of the president and vice president by the electoral college: should there be no majority vote for one person, the House of Representatives (one vote per state) chooses the president and the Senate the vice president.
14th Amendment
an amendment to the U.S. Constitution, ratified in 1868, defining national citizenship and forbidding the states to restrict the basic rights of citizens or other persons.
25th Amendment
deals with succession to the Presidency and establishes procedures both for filling a vacancy in the office of the Vice President as well as responding to Presidential disabilities.
22nd Amendment
sets term limits for the elected President of the United States
20th Amendment
the Lame Duck Amendment, sets the dates at which federal (United States) government elected offices end. In also defines who succeeds the president if the president dies.
18th Amendment
the only amendment to be repealed from the constitution. This unpopular amendment banned the sale and drinking of alcohol in the United States.