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The test in a nut shell. The ?? were not on the test.
Court Cases:
Gibbons v. Ogden: NY 1824 control trade with other states (interstate commerce).
Marbury v. Madison: Judicial review
Brown v. Board of Education: 1954 refuted âSeparate but equalâ, school board.
Miranda v. Arizona: Read right for arrest.
Baker v. Carr: One person one vote.
Bowers v. Hardwick: right to privacy (homosexuality).
Roe v. Wade: Right to Privacy (women terminate pregnancy). Principal of implied right to personal âprivacyâ.
Dred Scott v. Sanford: Scott to remain a slave.
Gideon v. Wainwright: Due Process (appoint counsel).
Plessy v. Ferguson: 1896 did not prohibit segregation.
Bowsher v. Synar: ?
Lochner v. New York: ?
Ferguson v. Skrupa: ?
McCulloch v. Maryland: Declined Maryland the right to tax the national bank.
Garcia v. San Antonio: ?
Hawaii Housing Authority v. Midkiff: ?
Korematsu v. United States: ?
Mapp v. Ohio: Evidence obtained illegally can not be used in court.
New York Times Co. v. Sullivan: Freedom of the press (libel law). Regents of the University of California v. Bakke: (1978) found quota or percentage requirements in university admissions unconstitutional (11). The Supreme Court's ruling is important because I have often heard the assumption that affirmative action means "less-qualified" minorities take jobs or admission places from white males.
Answer: It also ordered that admission should be given to a white applicant who had earlier been denied it.
Amendments:
1st: Freedom of speech (Not protect: except profanity or obscenity, is prurient in nature, violates community standards). âEstablishment clauseâ practice their religion, âfree exercise clauseâ.
2nd: Right to bear arms. Ratified through the process of âRatifying conventionsâ, not a vote in the state legislatures.
3rd: Soldiers in homes quartered.
4th: 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 to be seized
5th: Tried twice for the same crime.
7th: Right to a jury trial.
8th: cruel and unusual punishment (execution of mentally retarded).
9th: The enumeration in the Constitution , of certain rights, shall not be construed to deny or disparage others retained by the peopleâ.
10th: 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.
13th: Abolishment of slavery.
14th: Citizenship Rights
15th: Enfranchised blacks.
16th: allowing income tax.
18th: Prohibition
19th: 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 sex. (Womenâs Suffrage) (right to vote)
20th: Lame duck, limiting service.
21st: Repeal prohibition.
Parties & Groups:
Conservatives: Limited government, unregulated free market, self-reliance, social values? Pluralists: Religious diversity, government by elites.
Liberals: Most likely to support government involvement in the economy. Support for abortion rights, concern for the rights of the accused, resistance to state involvement with religious institutions, and support of the United Nations (UN).
Constructionists: interpret the Constitution literally and grant only those freedoms expressly citied in the Constitution.
Democrats: Urban Dwellers, supports of civil rights advancement.
Republican: Men, college gradates, wealthy individuals, Christians.
Vice President: President of the Senate. (only really used to break a tie). No power in the House of Representatives.
Senators: 6 year term (1/3 stands for election every 2 years). Continuing body since 1789.
House of Representatives: 2 year term. All bills to raise government revenue must originate here.
President: 4 year term. Appoints representatives to foreign countries.
Speaker of the House of Representatives: most powerful position in the House of Representatives.
President Pro Tempore: Is also the leader of the Senate. In the absence of the Vice President will preside.
Secretary of State: overseeing federal elections at the state level.
Constructionists: constitution literally?
Royalists: Opposed the United States Constitution.
Federalists: Wanted strong federal government.
Anti-Federalists: supported stronger state powers and a weaker national government.
Nationalists: ?
Whigs: ?
Branches & Departments:
General Accounting Office: Evaluation of public polices, evaluate governmental programs (watchdog for Congress).
State Department: Ambassadors and consular staff are all employees.
Defense Department: Largest group working abroad.
Department of Interior: Responsible for the conservation of Americaâs resources.
Federal Reserve Board: Conducts the nations âmonetary policyâ and supervises and regulates banks.
Department of Commerce: Promotes international trade and economic growth.
Treasury Department: Major agency of fiscal policy.
Securities and Exchange Commission: It requires reporting of financial information by companies with publicly traded securities.
Department of Labor: Founded in 1888.
Federal Reserve Bank: Establish in 1913. Nations monetary policy, superviswing & regulating banking institutions.
Powers:
Enumerated powers: unambiguously granted to the Congress by the Constitution.
Implied powers: ?
Resulting powers: ?
Inherited powers: ?
Delegated powers: ?
Supreme Court:
Appellate jurisdiction: Most cases are heard under this.
Original jurisdiction: Some cases are heard under this.
Judicial restraint: Judges should not interfere with policy. Should not second guess policies promoted by the Congress or Executive branches.
Judicial activism: View that the supreme court should interpret the Constitution or laws to advance social goals.
Judicial review: ?
Judicial conservatism: ?
Judicial liberalism: ?
Philosophers:
John Locke: 1690 work, believed that the responsibility of the state was to protect life, liberty, and property. (Second Treaties of Civil Government) âPopular sovereigntyâ.
Baron de Montesquieu: 18th Century European (the Entitlement), Separating the legislative, executive, and judicial functions of government.
Entitlement Programs:
Social Security: Largest
Medicare: ?
Medicaid: ?
Food Stamps: ?
National Defense: ?
MISC:
Caucus: Nominate their candidate for president. Promote group interests through legislation, policy, and pressure on the agencies.
Referendum: submit proposed legislation for approval by popular vote.
Pork Barrel Legislation: Bill loaded with special projects designed to please home constituents at the expense of the federal tax payer.
Lame Duck: Congressional members who are finishing their final terms in Congress.
Gerrymandering: ?
Tranny: Majority over the minority.
Filibuster: Extended debate intended to indefinitely delay or prevent a vote in the Senate.
Junket: ?
Cloture: ?
Lobbying: ?
Logrolling: Agreement between two members for reciprocal support of unrelated legislation.
Gerrymandering: Redistricting that is done in order to include a coveted group of voters within a certain district or to avoid splitting a voting bloc (illegal).
Reapportionment: Takes place every ten years after the federal census. Determines how many representatives are to be elected by a given district.
Realignment: shifts of public opinion.
Supremacy Clause: federal law must be followed even when it conflicts with state law. âShall be the supreme law of the landâ.
Litigation: Used by minorities other than African Americans. Prisoners use as well.
Casework: Congressional representativeâs efforts to help a constituent resolve a problem with the federal bureaucracy.
Declaration of Independence: life, liberty, & pursuit of happiness.
Bill of Rights: limit the powers of the federal government. Protections for; right to bear arms, freedom to petition the government, freedom of religion, and equality before the law.
Order of succession to the presidency following the death or removal of the president: Vice President, Speaker of the house, President Pro Tempore of the Senate, Secretary of State.
Jim Crow Laws: Disenfranchise Americans of color.
Incumbents: Representative already in office.
Federalism: system of dividing power between central and several regional governments.
Federalist Papers Authors: Alexander Hamilton. James Madison, and John Jay.
Writ of Habeas Corpus: Protects individuals from being held without charge.
Mugwumps: Voters who do not identify themselves with any one party.
Constitutional Convention 1787: Representation and Slavery (I missed this question) (research question 80 in test 2 does not cover the answers giving on test.). Two chamber legislation.
Committees:
Conference Committees: resolve differences between existing House of Representatives and Senate versions of a bill.
Standing Committees: Most actual work of Congress takes place. (Education in the workforce).
Budget: ?
Agriculture: ?
Appropriations: Senate Committee allocates federal funds to government agencies, departments, and organizations on an annual basis.
Veteransâ Affairs: ?
Markup session: temporary panel that works to reconcile different final House and Senate versions of a bill.
Ways and Means: House of Representatives has jurisdiction over raising revenue, supervising authority of feds to borrow money, overseeing social security, and tariffs on foreign goods.
Political Action Committee (PAC): ?
Congressional Oversight Committee: Charged with overseeing the activities of one or more federal agencies.
Private property for public use (on test but I chose police privilege)
Ex po facto (on test) tried for a crime when it was legal.