Political science 2302 Test 2 lamar university
stare decisis
"let the decision stand"; decisions based on precedents from other cases
what quote is tx vs johnson famous for
"red white and blue we spit on you"
kennedy vs Louisiana
(a man in la raped his 8 yr old step child, and la jury gave him the death penalty) -the supreme court said no to the death penalty and reaffirmed coker vs ga
sherbert vs vernes
-S.C applied to the compelling state interest test to laws that were strict free exercise of religion -abandoned stare decisis -"was a case in which the Supreme Court of the United States held that the Free Exercise Clause of the First Amendment required that the government demonstrate both a compelling interest and that the law in question be narrowly tailored, before denying unemployment compensation to someone who was fired because her job requirements substantially conflicted with her religion." -the lady that didn't want to work on saurdays because of religious reasons
miller test
-Whether "the average person, applying contemporary community standards", would find that the work, taken as a whole, appeals to the prurient interest, -Whether the work depicts or describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by applicable state law, -Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
barron v. baltimore 1833
-a landmark United States Supreme Court case in which helped define the concept of Federalism in the United States in U.S. constitutional law. The Court established a precedent that the United States Bill of Rights could not be applied to state governments. -the court decided that the constitution and bill of rights only applies to the national govt -cant use 4th amendment if its not national govt -dec by chief justice john marshall
james ottis
-argued that the writs of assistance were not good -the colonists should have rights against government -argued castle doctrine: a mans home is a mans castle(right to privacy)
minersville vs. gobitis
-free exercise clause, establishment clause -had a law that had all students salute the american flag -gobitis(jehovah witness) children refused to salute flag -gobitis people were literalists and they did not want to bow down to a flag and break a commandment -supreme court denied exemption and said "all children should salute the flag" -abandoned stare decisis
mitigating circumstances
-helps explain psychological or why what happened, happened. -do not justify or excuse an offense but may reduce the severity of a charge.
mccullouch vs maryland
-huge victory for federal govt -used necessary and proper clause-stated that the federal gov was allowed to run banks without paying taxes -congress has the power to coin money -first real/honest battle of civil war -takes power of congress to include implied powers -anti federalists are mad because the govt is too limited -john marshal stated that the power to tax is the power to destroy
CLBA vs city of hialeah
-no sacrifice of animals for religious purposes -the S.C exercised judicial review and struck down city ordinance and ordered that laws HAVE TO BE NEUTRAL
10th amendment
-reserved powers doctrine -all powers not delegated to the federal govt are reserved to the states
death penalty
-there was no majority opinion of how the justices felt about the death penalty -Thurgood Marshall said putting someone to death always violates the 8th amendment -the justices said its not so much the death penalty,
why is tx vs johnson compelling state of interest
1. there will be exchange of fisticuffs 2. we have that law to foster patriotism
how many reps does tex have
36
How many terms does HOR serve
4
2. wold vs colorado
4th amendment -used the 14 amendment to incorporate the 4th amendment to apply to the states -when they incorporated the 4th amendment, theres no exclusionary rule that applies to the states
1. what did weeks vs us est
4th amendment the supreme court established the exclusionary rule -any evidence in an unlawful search (no probable cause) is excluded from trial -est exclusionary rule
3. mapp vs. oh
4th amendment -incorporated the exclusionary rule to apply to states (mom and son, cops runs after him and runs into house and arrest mom for art books that they considered pornography of naked bodies)
how much % do u need for house and senate to pass bill
51% from the house and senate for a bill
joint committee
A committee of the House and the Senate that usually acts as a study group and reports its findings back to the House and the Senate
select committee
A temporary committee formed to study one specific issue and report its findings to the Senate of the House
house rules committee
An institution unique to the House of Representatives that review all bills coming from a House committee before they go to the full house.
wolf vs. colorado
CONCERNS THE 4TH AMENDMENT Wolf v. Colorado, 338 U.S. 25 (1949) was a United States Supreme Court case in which the Court held 6-3 that while the Fourth Amendment was applicable to the states, the exclusionary rule was not a necessary ingredient of the Fourth Amendment's right against warrant less and unreasonable searches and seizures.
miranda vs arizona
CONCERNS THE 5TH AMENDMENT!!!!!! Miranda was arrested at his home and taken in custody to a police station where he was identified by the complaining witness. He was then interrogated by two police officers for two hours, which resulted in a signed, written confession. At trial, the oral and written confessions were presented to the jury. Miranda was found guilty of kidnapping and rape and was sentenced to 20-30 years imprisonment on each count. On appeal, the Supreme Court of Arizona held that Miranda's constitutional rights were not violated in obtaining the confession.
Barron v Baltimore
Case that supreme court disagrees with fishing business because the eminent domain was not applied to the states yet, only federal government
what clause did the congress pass the civil rights act of 1964 through
Commerce clause
Roth v US
Court found that obscene materials are not within the protective scope of the First Amendment. -1957 case Roth v. United States ruled that all speech was guaranteed First Amendment protection unless it was "utterly without redeeming social importance" In Roth, Court defined obscenity as material that "deals with sex in a manner appealing to prurient interest"
power of veto
Found in article I and gives the president the constitutional power to reject a bill
what 4 casein 1936 set fourth the supreme court
NLRB vs Jones laughlin steel corp
new york times vs sullivan
New York Times Co. v. Sullivan, 376 U.S. 254 (1964),[1] was a landmark United States Supreme Court case that established the actual malice standard, which has to be met before press reports about public officials can be considered to be defamation and libel;[2
gibbons vs ogden
One of the most important decision of the early Supreme Court. Led by Chief Justice John Marshall, the Court said that the federal commerce clause, in effect, outranked a state law that had granted a monopoly to one group of people.
palko v Connecticut
Palko v. Connecticut, 302 U.S. 319 (1937),[1] was a United States Supreme Court case concerning the incorporation of the Fifth Amendment protection against double jeopardy. they electrocuted him
14th
Selective incorporation is based on what amendment?
establishment of religion
The Establishment Clause is a limitation placed upon the United States Congress preventing it from passing legislation respecting an establishment of religion.
what was huac
The House Un-American Activities Committee (HUAC) was created in 1938 to investigate alleged disloyalty and subversive activities on the part of private citizens, public employees, and those organizations suspected of having Communist ties.
coker vs georgia
The death penalty for rape is grossly disproportionate and excessive punishment and so is forbidden by the Eighth Amendment, as cruel and unusual punishment. -upheld the death penalty -At the time of the ruling, Georgia was the only state maintaining the death penalty for the crime of rape of an adult.
gideon vs wainwright
The trial judge denied Gideon's request for a court-appointed attorney because, under Florida law, counsel could only be appointed for a poor defendant charged with a capital offense. The Florida Supreme Court agreed with the trial court and denied all relief. -6TH AMENDMENT to a fair trial all have the right to an attorney, indigents -you have to have at least 6 months or more of jail to have a right to an attorney
reserved powers
Those powers not delegated to the Federal Government or denied the states are reserved for the states.
consent, plain view, SITLA, ASITLA
What are exceptions to warrant requirement?
secular purpose, neither advances nor inhibits religion, no government and religious entanglement
What is the lemon test?
Kevin McCarthy (R)
Who is currently house majority leader?
Nancy Pelosi (D)
Who is currently house minority leader?
Mitch McConnell (R)
Who is currently senate majority leader?
Harry Reid (d)
Who is currently senate minority leader?
Paul Ryan (R)
Who is currently speaker of the house?
Joe Biden (d)
Who is president of the Senate currently?
strict scrutiny
a Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal
standing committees
a permanent committee in Congress that oversees bills that deal with certain kinds of issues
conference committee
a temporary joint committee set up when the House and the Senate have passed different versions of the same bill
logrolling
a voting agreement by two or more congressman to support each others bills
keynesian economics
advocates pumping money into the economy especially in economic downturns
W.V vs barnette
all kids have to salute the flag -barnette children -abandones stare decisis -free speech clause
implied powers
are authoritative actions that aren't specifically granted to Congress in the Constitution but are considered necessary to fulfill governmental duties.
civil liberties
areas in which the government cannot do and cannot take away
adams smith
attributed laissez faire -no govt involvement as long as supply and demand is at equilibrium, everything is well -if it s not at equilibrium it can result in inflation
what would supreme court ban if someone burned the flag
banned stare decisis
compelling state interest test
before government can deny freedom of religion or show preferential treatment toward any group, it must prove that it has a compelling public purpose in doing so
justine scalea
big states rights guy -98% voted to allow natives to use peyote -he brought it to the poles
Tx vs Johnson
burned flag to protest policies of ronald raegan
free exercise clause
can practice whatever religion you want to, including no religion
8th amendment
cannot be subject to cruel and unusual punishment
Griswold v Connecticut
case about birth control and that was recognized there are zones of privacy that should be left alone such as whether or not you want a child
Palko v Connnecticut
case that declared double jeopardy applied to states, not just federal government
Reno v ACLU
case that declared the communications decency act that tried to regulate port online was unconstitutional
Mapp v Ohio
case that declared the exclusionary rule after illegally obtaining evidence without a warrant
TX v Johnson
case that he burned the american flag and was arrested because this was illegal; he sued because his 1st amendment was violated and supreme court agreed with him
Gregg v Georgia
case that reinstates the death penalty and no longer considered cruel and unusual punishment
NRLB v Jones and Laughin Steel Co
case that ruled that congress does have power to charge a company with a fine because they can regulate interstate commerce and discrimination against union workers cause an effect on interstate commerce
McCulloch v Maryland
case that ruled that congress had implied powers under the necessary and proper clause and from expressed powers and was able to create a national bank
Near v Minnesota
case that said that there has to be extraordinary circumstance for prior restraint to be used -the court struck down a Minnesota law that allowed govt censorship, declaring it unconstitutional -The case of Near v. Minnesota begins with a man named J.M. Near. This man was a resident of the state of Minnesota who published a newspaper called "The Saturday Press." J.M. Near was arrested because of what was written in this newspaper. The content of "The Saturday Press" was thought to be racist, prejudiced and hateful in general. Because this hateful speech was spread to the public in the form of a Newspaper, Near was taken into custody by the state police. The state arrested the man because of a law called the Minnesota Gag Law of 1925. This law did not allow media that was considered to be hateful to be passed to the public. The reason this law was passed was to prevent public uprising and riots from occurring. The state passed this law because any information that is provided to the public cannot be hateful or racist. In response to his arrest, J.M. Near appealed by stating that his publication was not criminal in nature and that his arrest violated his 1st Amendment rights. Near believed that his right to freedom of the press and his right to freedom of speech allowed him to distribute his newspaper; Near also believed that the content of his paper was not intended to spark violence.
Gideon v Wainwright
case that says you have a constitutional right to a lawyer after he was denied a lawyer
US v Lopez
case that was considered unconsitutational for bringing gun to school and that congress didn't have the power from commerce clause
what test did schenk vs us use
clear and present danger
due process clause
comes from the 4th, 5th, 6th, and 8th amendment that guarantees your rights when convicted
Heart of Atlanta v US
commerce clause allowed congress to protect against discrimination, the motel refused to rent rooms to black patrons, violated 13th amendment right
HUAC
committee of the US house of reps
what test is in tx vs johnson
compelling state of interest
necessary and proper clause
congress ha authority to make laws necessary and proper to an expressed power; sets forth implied powers
commerce clause
congress has the power to regulate commerce between foreign nations, states, and indian tribes
establishment clause
congress shall make no law establishing a religion and should be separate between church and state
laissez faire economics
created by adam smith that government should have a minimal role in the economy
roth vs. us
defined obscenity "porn"
jacobellis vs OH
defined pornography as "I know it when i see it"- said by justice potter stewart
house minority leader
democrate
hype conception, boarder
don't have to have a search warrant to search you
abrams vs US
dropped the test of freedom of speech
what do race claims go through
due process clause
congressional oversight
effort by congress to oversee or exercise control over the executive branch
no prior restraint
effort by the government to block publication of something in the press
what do gender claims go through
equal protection clause
14th amendment
forbids any state to deny equal protection
what did schenk vs us restrict
freedom of speech
1st amendment
freedom of speech, press, petition, assembly, religion
what cases were apart of the 8th amendment
furman vs ga- gregg v ga-first case upheld death penalty coker v Ga Jurek v TX-upheld the texas death penalty
Lemon v kurtzman
government can give money to a religious school but it has to take the lemon test
pork barreling
government funding for a certain project within your district
4th amendment
guarantees unreasonable searches and seizures
Cohen vs Cali
had "fck the draft" on his jacket
exclusionary rule
if there is a constitutional violation and as a result of this violation and evidence is found illegally, evidence cannot be used
civil right
imposes an obligation on the govt to take action to provide a good or service
what did tx vs johnson exercise
judicial review
selective incorporation
language of 14th amendment and justifies bill of rights applies to states
article I sec 8
lists specific powers of congress
invisible hand
makes supply and demand go back to equilibrium
employment division vs smith
man that took drugs for religious reasons -used peyote- a drug to alter the consciousness to communicate w god -supreme court dropped free exercise religion to rational scrutiny -baptist went crazy over this case because it applied to everyone and doesn't use free exercise of religion
what was added to the death statues in gregg v ga
mitigating circumstances aggravating circumstances automatic appeal circumstances
appropriations
money that Congress has allocated to be spent for a specific purpose
what did cohen vs cali establish
offensive speech is protected under the constitution (dealt w freedom of speech) -supreme court case
divided government
one party controls the presidency while the other party controls Congress
civil rights act of 1964
outlawed discrimination based on race, religion, gender regarding employment
printz v. u.s.
perform background-checks on prospective handgun purchasers
Miranda v Arizona
police offers have to read peoples rights when they're arrested
expressed powers
powers granted to the government mostly found in Article I, Section 8 of the US Constitution within 18 clauses. Expressed powers, also known as the "enumerated powers," include the power to coin money, regulate foreign and interstate commerce, declare war, grant patents and copyrights and more.
filibuster
prevent a vote on a bill by speaking continuously on the floor of the Senate
5th amendment
protects you from being held for committing a crime unless you have been indicted correctly by the police. The Fifth Amendment is also where the guarantee of due process comes from, meaning that the state and the country have to respect your legal rights.
roth test
redefined the Constitutional test for determining what constitutes obscene material unprotected by the First Amendment
house majority leader
republic
house and senate
republic party
what is the bad tendency test
restrictions of freedom of speech if it might cause illegal activities
6th amendment
right to counsil(right to attorney)
what did schenk vs us state
ruled that the Espionage Act did not violate the First Amendment.
what was the first land mark case in the american civil rights
schenk vs us
article I section 8
sets fourth the enumerated powers
what do the enumerated powers set fourth
sets fourth the powers of congress
Skinner vs Oklahoma
skinner lost at lower federal courts -during WW2 -changed the test to strict scrutiny -if you had so many thefts
right to attourney
state provides you attorneys in a civil case
what did skinner vs oklahoma change the test to
strict scrutiny
West Virginia v Barnette
supreme court case violation of the free exercise clause; jahovas witness children would not put their hand over their heart -abandoned stare decisis -free speech clause
how much does it take to veto
takes 2/3 from both chambers to override press veto
what did tx vs johnson strike down
texas law
apportionment
the #of representatives each state get
constitution says
the VP of the senate is the VP of theUS
what did abrams vs us establish
the bad tendency test
what clause was the new deal passed thru
the commerce clause -which regulated trade/businesses that crosses the state lines
from 1972 to 1976 what did we not have
the death penalty
belief/action distinction
the distinction made between permitting a person to follow a particular belief and at the same time permitting the state to intervene whenever it finds necessary to protect others from the practices of that belief.
obscenity speech is not protected by what amendment
the first amendment
majority leader
the most power
coker vs ga established
the only time a person can get the death penalty is when an actual taking of a human life
pres pro tempore
the person who has been in the senate the longest
speaker of the house
the person with the most power in the house
incorporation
the process by which the supreme court has made it applicable thru
redistricting
the redrawing of the line of congressional districts
federalism
the relationship between the national govt and state government
gregg v ga
the supreme court reinstated the death penalty
furman vs ga
the supreme court struck down the death penalty
clear and present danger test
there is limits on free speech if it presents clear or present danger to the public or leads to illegal action
delegated powers
those powers, expressed, implied, or inherent, granted to the National Government by the Constitution
10th amendment
to limit the powers of the central govt by test reserved powers for states and individuals any power not given to national government is reserved to the states; known as reserved powers
bicameralism
two chambers
which case had the state with the burden approved
tx vs johnson
miller vs california
used today to determine whether or not something is obscene/pornographic (man sent out porn pamphlets)
franklin roosevelt
was a socialist proposed that he can help the economy he proposed the new deal -congress couldn't pass the new deal through the necessary and proper clause
4th amendment cases
weeks vs us- Police entered the home of Fremont Weeks and seized papers which were used to convict him of transporting lottery tickets through the mail. This was done without a search warrant. wolf vs colorado-Julius A. Wolf, Charles H. Fulton, and Betty Fulton were charged with conspiracy to perform an abortion. At trial, Wolf objected to evidence material and admissible as to his co-defendants would be inadmissible if he were tried separately. mapp vs ohio-porn pics of bodies
miranda vs arizona
what the cops have to tell you while arresting you
logrolling
when members of congress agree to change out votes
divided government
when the white house is controlled by a party and congress is controlled by another
keynesian economics
whenever the terms are out of equilibrium, the govt gets it back to equilibrium
aggravating circumstances
work against the defendant (if a police officer is killed by someone, the person is automatically subject to death penalty) Factors that increases the severity or culpability of a criminal act, including, but not limited to, heinousness of the crime, lack of remorse, and prior conviction of another crime.
to become president
you have to get 51 % or more electoral votes
in huac what happened if you were called before congress and pleaded the 5th amendment
you were found guilty
