POLS 112 MIDTERM
Article 6
Each state was prohibited from discriminating against the citizens of other states in favor of its own citizens
The constitutional provision that gives Congress the power to make all laws "necessary and proper" for the federal government to carry out its responsibilities is often referred to as the ____ clause. a. Pliable b. Elastic c. Plastic d. Adjustable e. constant
Elastic
Sheppard v. Maxwell
Excess pretrial press publicity can result in unfair trial
Brown v Bd. of Ed 1954
Separate but equal in schools is void
Expressed Powers
Specific powers granted by the constitution to Congress (Article 1, section 8) and to the president (Article II)
Contract Clause
Specific provision or section within a written contract. Aimed at clearly defining the duties, rights, and privileges that each party has under the contract terms
Iron Law of Oligarchy
States that all forms of organization, regardless of how democratic they be at the start, will eventually and inevitably develop oligarchic tendencies, thus making true democracy practically and theoretically impossible, especially in large groups and complex organizations.
Smiley v Citi Bank
Supreme Court allows credit card fees of any amount to be applied to late charges, over limit charges, and other service card chargers. Also include the SC cases on the Affordable care Act or "Obama care" and the court devision on same sex marriage (Hollingsworth v Perry 2013). and the defense of Marriage Act or DOMA (US v Windor)
McCulloch v. Maryland
The Supremacy Clause prohibited States from imposing a tax on federal facilities as the power to tax can be the power to destroy. Declared the US government had implied powers as well as those specifically listed in the Constitution. This decision allows the federal government to expand or evolve its power to meet an ever-changing world.
Barron v. Baltimore
The bill of Right was not applicable to states
Executive privilege
The claim that confidential communications between a president and close adviser should not be revealed without the consent of the president
Due Process
The core of these requirements is notice and a hearing before an impartial tribunal. Notice is the legal concept describing a requirement that a party be aware of legal process affecting their rights, obligations or duties. There are several types of notice: public notice (or legal notice), actual notice, constructive notice, and implied notice.
New York Times v. Sullivan
The court has opened up the possibility for public officials to file libel suits against the press. The court has held that the press was immune to libel only when the printed material was "a matter or public concern"
14th Amendment
"All persons born or naturalized in the US and subject to jurisdiction thereof, are citizens of the US and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. 3 main clauses: citizenship clause, due process clause, equal process clause. Citizenship clause: gives individuals born in the US the right to citizenship. Once you have it, it cannot be taken from you unless you lie to the government during the process. Due Process Clause- protects the first amendment rights of the people and prevents those rights from being taken away by any government without "due process". Due process is a trial by jury for all people accused of wrongdoing. 14th amendment enforces the Bill of Rights on the states, to make sure that they can never limit the rights of Americans without fairness. Equal Protection Clause- no discriminationagainst them by the law. Used to end discrimination and segregation in the South.
11th Amendment
"The judicial power of the US 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" Soverign immunity is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immue from civil suit or criminal prosecution. Soverign Immunity is reaffirmed in the Eleventh Amendment. The states have it and so does the federal government. This means unless the federal government waives this immunity or consents to a law suit, the federal government cannot be suited. No one can sue a state in federal court without the consent of the state concerned.
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"
Dred Scott v. Sanford
1853 Supreme Court ruled people of color can not be free
Unitary System
A centralized govt. system in which lower levels of govt. have little power independent of the national govt.
Autocracy
A form of government in which a single individual- a king, queen, or dictator- rules
Oligarchy
A form of government in which a small group- landowners, military officers, or wealthy merchants- control most of the governing decisions
Bill of Attainder
A law that declares a person guilty of crime without trial (prohibited)
Executive order
A rule or regulation issued by the president that has the effect and formal status of legislation
Theocracy
A system of government in which priests rule in the name of God or a god.
Federal system
A system of govt. in which the national govt. shares power with lower levels of govt. such as states
Constitutional government
A system of rule in which formal and effective limits are placed on the powers of government
Totalitarian
A system of rule in which the govt recognizes no formal limits on its power and seeks to absorb or eliminate other social institutions that might challenge it
Totalitarian government
A system of rule in which the govt. recognizes no formal limits but may nevertheless be restrained by the power of other social instructions that might challenge it
Authoritarian Government
A system of rule in which the govt. recognizes no formal limits buy may nevertheless be restrained by the power of other social instructions
Democracy
A system of rule that permits citizens to play a significant part in the govt. process, usually through the election of key public officials
Libel
A written statement made in "reckless disregardd of truth" that is considered demeaning to a victim because it is "malicious, scandalous, and defamatory"
Exclusionary rule
Ability of courts to exclude evidence obtained in violation of the fourth amendment (illegally found evidence)
13th Amendment
Abolished slavery
Gideon v Wainwright
All must have legal representation in state trials
Articles of Confederation
America's first written constitution; served a s a basis for America's national govt.
Supremacy Clause
Article VI of the constitution, which states that laws passed by the national government and all treaties are the supreme law of the law and superior to all laws adopted by any state or any subdivision. Every action taken by the US congress would have to be applied within each state as though the action were in fact state law.
Supremacy Clause
Article VI, states that the laws passed by the national govt, and all treaties are the supreme law of the land and superior to all laws adopted by any state or any subdivision
Sequestration
Automatic federal budget cuts (called fiscal cliff)
Gibbons v Ogden
Commerce is the federal domain and the states can not limit the exchange of goods and services. Provided the federal government w/ ability to regulate interstate commerce
Affirmative Action
Govt. Policies or programs that seek to regress past injustices against specified groups by making special efforts to provide members of those groups with access to educational an employment opportunities
14th Amendment
Guaranteed equal protection and due process
Indictment by a grand jury is not a Bill of Right applicable to States
Guarantees the right to a grand jury, protects against self-incrimination ???
Public Duty Doctrine
If you are a person who knows of a problem and take no action, and injury results, you may be held responsible; you cannot be an accessory to a danger and say/do nothing
What is meant by the exclusionary rule?
Illegally seized evidence invalid
Patriot Act 2011
Law is intended to help government agencies detect and prevent possible acts of terrorism, or sponsorship of terrorist groups. Hacking computers, etc.
Ex Post facto
Laws passed are not retroactive (some civil expectations exist)
Ex post facto
Laws that declare an action to be illegal after it has been committed (prohibited)
NAACP
National Association for the Advancement of colored people
Miranda
Police must adv. of accused rights upon interogation
Appellate Jurisdiction
Power of a higher court to review decisions and change outcomes of decisions of lower courts.
Reserved Powers
Powers, derived from the 10th amendment, that are not specifically delegated to the national government or denied to the states
Interstate commerce
Refers to the purchase, sale or exchange of commerce, transportation of people, money or goods. Regulated by the federal govt.
NY Times vs. Sullivan
Ruled public officials only have limited protection from libel by newspapers when the printed statements involved political usses
Establishment Clause
The first amendment clause that says that "congress shall make no law respecting an establishment of religion". This law means that a "wall of separation" exists between church and state.
Establishment Clause
The first amendment says that "congress shall make no law respecting an establishment of religion" this law means that a "wall of separation" exists between church and state
Marquette v. Minn
US Supreme Court case allows credit card interestt to be extended to any state thus no limits on what interest can be charged &
Marbury v. Madison
US supreme court can only hear cases on appeal, first time Act of Congress declared unconstitutional and Marbury never got commission) Established the concept of Judicial review. Judiciary Branch can declare a law unconstitutional
Marbury v. Madison
This case arose after Thomas Jefferson replaced John Adams in the White House. Jefferson's secretary of state, James Madison, refused to deliver an official commission to William Marbury, who had been appointed to a minor office by Adams just before he left the presidency. Marbury petitioned the Supreme Court to order Madison to deliver the commission. Jefferson and his followers did not believe that the Court had the power to undertake such an action and might have resisted the order. Chief Justice John Marshall was determined to assert the power of the judiciary but knew he much avoid a direct confrontation with the president. Accordingly, Marshall turned down Marbury's petition but gas as his reason the unconstitutionality of the legislation upon which Marbury had based his claim. Thus, Marshall asserted the power of judicial review but did so in a way that would not provoke a battle with Jefferson.
Emolument Clause
Under Article 1 of the constitution states, "No title of nobility shall be granted by the US and no person holding any Office of Profit or trust under them, shall, without the consent of the congress, accept of any present, emolument, office or title, of any kind whatever, from any King, Price, or foreign State."
Unitary Vs. Federal types of government
Unitary System: a centralized government system in which lower levels of government have little power independent of the national government. Federal system: a system of government in which the national government shares power with lower levels of government, such as states.
Habeas Corpus
a court order demanding that an individual in custody be brought into court and shown the cause for detention
Devolution
a policy to remove a program from one level of government by delegating it or passing it down to a lower level of government, such as from the national govt. to the state and local goats.
Executive agreement
an agreement, made between the president and another country, that has the force of a treaty but does not require the Senate's "advice and consent"
Habeas Corpus
be charged with a crime or be released within set time
Criminal Law
beyond a reasonable doubt
De Jure segregation
by law, because of law or government decision
De facto segregation
by practice or based on previous coniditions
Yates vs. U.S.
court held expression of political beliefs are protected but not if unlawful conspiracies resulted in illegal actions taken on those believes
FICO
credit score rating & OCC Office
The Constitution: a. provided for the two-party system in Article I. b. established in Article III the organization of the Federalist Party. c. does not mention political parties. d. originally provided for a multiparty system. e. established in Article I the rules by which political parties would nominate candidates.
does not mention political parties
Affirmative Action
equal opportunity in all aspects of job and gender
Gitlow v. NY
first amendment on matters of freedom of speech clause does apply to states and the process of selective incorporation started using the 14th amendment after the passage of the Civil Rights Act is the linkage of the Constitution to the tate government and title 7 and title 9. All commerce is exclusively federal
Commerce clause
gives power to congress to "regulate commerce with foreign nations, and among the several States and with the Indian tribes." this clause was interpreted by the Supreme Court in favor of national power of the economy
Plutocracy
government by the wealthy
Prior Restraint
government cannot take action prior to your action unless conspiracy or incite to riot
15th amendment
guaranteed voting rights for American American men
U.S. v Leon
illegal seized evidence ok if search was "reasonable"
Mapp v Ohio
illegally seized evidence cannot be used to convict
Preferred Position Doctrine
interpretation of the 1st amendment that holds that freedom of expression is so essential to the operation of a democracy that judges should give it special protection and should almost never allow governments to punish persons for what they say, only for what they do.
Sovereign Immunity
legal doctrine by which the govt. cannot commit a legal wrong and is immune from civil suit or criminal prosecution
No bills of attainder
only the courts can put a person in jail or prison
Implied powers
powers derived by the necessary and proper clause of Article 1, section 8. Such powers are not specifically expressed, but are implied through the expansive interpretation of delegated powers.
Civil law
preponderance of evidence
near v. minnesota
prior restraint violates Constitution/newspapers win
4th amendment
protection against unreasonable search and seizure
Necessary and Proper Clause:
provides congress with the authority to make all laws "necessary and proper" to carry out its expressed powers
Equal protection clause
provision of the fourteenth amendment guaranteeing citizens "the qual protection of the laws". This clause has been the basis for the civil rights of African Americans, women, and other groups
Privileges and Immunities Clause
provision, from Article IV, Section 2, of the Constitution, that a state cannot discriminate against someone from another state or give its own residents special privileges
Allen Bakke v. UC
racial quotas cannot be sole criterion for admission
Direct Democracy using initiative and referendum to make and change California public policy. Started with the "PROGRESSIVE" ERA with Hiram Johnson governor in 1910. Not available at the fed government
referendum: a general vote by the electorate on a single political question that has been referred to them for a direct decision.????
Selective Incorporation
refers to the application of Bill of Rights to States
Judicial Review
the power of the courts to review, an if necessary, declare actions of the legislative and branches invalid/unconstitutional; the supreme court asserted this power in Marbury v. Madison
Engle v Vitale
school prayer violated the establishment clause
Everson v Board of Education
schools can subsidize bus transportation of students to or any religious schools
Expressed powers
specific powers granted by the constitution to congress and to the president
Brown v. Board of Education
the 1954 Supreme Court decision that struck down the "separate but equal" doctrine as fundamentally unequal. This case eliminated state power to use race as a criterion of discrimination in law and provided the national government with the power to intervene by exercising strict regulatory policies against discriminatory actions
Original Jurisdiction
the authority to initially consider a case. Distinguished from appellate jurisdiction, which is the authority to hear appeals from a lower court's decision. hearing the case for the first time.
Free Exercise clause
the first amendment clause that protects a citizen's rights to believe and practice whatever religion he or she chooses
Judicial Review
the power of the courts to review and if necessary, declare actions of the legislative and executive branches invalid or unconstitutional. The Supreme court asserted this power in Marbury v. Madison
Due process of the Law
the right of every citizen against arbitrary action by national or state governments
Due process of law
the right of every citizen against arbitrary action by national or state govt, fair treatment in the judicial process, especially as a citizen's entitlement
