POL 201 Exam 1

Art 1 Sect 1

establishes House and Senate as legislative powers

Art 1 Sect 2

house 2 year terms older than 25 citizen for 7 years Number of reps based on population House chooses Speaker and other officers Impeachment

Art 1 Sect 3

Senate 6 year terms Senators chosen by state legislature Three classes for electoral rotation older than 30 citizen for 9 years VP is President of Senate and has tie breaking vote Power to try Impeachments

Art 1 Sect 4

Elections for Congressional reps are managed by the states thereof Congress shall assemble at least once a year- first Monday of Dec

Art 1 Sect 5

Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member

Art 1 Sect 6

Congressional reps get paid outta the US Treasury

Art 1 Sect 7

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.

Art 1 Sec 8

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States delegated powers

Art 1 Sect 9

Limits what kinds of Laws congress can make no ex post facto laws No titles of Nobility can be granted in US

Art 1 Sect 10

No state enters into treaty or Alliance or Confederation No state coins own money

Art 2 Sect 1

Establishes President as Executive Establishes Vice President Terms are 4 Years

Art 2 Sect 2

Commander in Chief Make Treaties He can appoint Judges, Ministers and Consuls and Ambassadors

Art 2 Sect 3

State of the Union

Art 2 Sect 4

Can be impeached

Art 3 Sect 1

Judicial Branch is established

Art 3 Sect 2

All trials by Jury

Art 3 Sect 3

treason

Art 4 Sect 1

full faith and credit

Art 4 Sect 2

guarantees that states cannot discriminate against citizens of other states. States must give people from other states the same fundamental rights it gives its own citizens

Art 4 Sect 3

Congress can let new states into the Union, but no states can be formed inside another State.

Art 4 Sect 4

States must have Republic Form of Government Protect each other

Art 5

Amendment Process

Art 6

Constitution is the supreme law of the land

Art 7

Ratification of the Constitution

Plessy v. Ferguson

Separate but equal

The Five Principles

1. Rationality Principle 2. Institution Principle 3. Collective Action Principle 4. Policy Principle 5. History Principle

Rationality Principle

All political behavior has a purpose Political behavior is instrumental Not random Done with forethought Calculation Political actors pursue policy preferences, reelection, power, and to maximize their agency budgets

Institution Principle

Institutions structure politics Institutions are the rules and procedures that provide incentives for political behavior Remember that institutions themselves are not necessarily permanently fixed. Rules may change; they just don't change easily

Collective Action Principle

Politics involves many people who compete, bargain, and cooperate. Compromise

Policy Principle

political outcomes are the products of individual preferences and institutional procedures

History Principle

Decisions and actions in the past affect political choices and outcomes today

Tragedy of the Commons

situation in which people acting individually and in their own interest use up commonly available but limited resources, creating disaster for the entire community

Prisoner's Dilemma

common but competing interests

free riding

enjoying the benefits of some good or action while letting others bear the costs

Five Groups during the Rev War Era

1. New England Merchants 2. Southern Planters 3. Royalists 4. Shopkeepers, artisans and laborers 5. Small Farmers

Shay's Rebellion

A series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedings on small farms

Articles of Confederation was written in ________ and ratified in _______

1776; 1781

Articles of Confederation allowed Congress to

Ley troops and money from the states Conduct foreign policy Regulate currency, weights and measures and postal service

Articles of Confederation did not allow Congress to

Compel state compliance/ enforce decisions Amend the Articles- amendments had to be proposed by Congress and ratified by all 13 states

Problems after the Revolutionary War

1. Repaying War Debt-- soldiers, private companies and foreign Govs and banks 2. Unstable Currency in the States-- printing more from the states caused fluxes in inflation 3. States were charging tariffs on imports from other states 4. States pushed back against Treaty negotiations 5. Revolts (Shay's)-- gov could only ask for troops from states

Bicameralism

The principle of a two-house legislature.

Virginia Plan

Favored the house, gave advantage to big states because it called for Congressional representation based on population The people-elected house would then select the Senate, President and Council of Revision

The New Jersey Plan

Favored the senate, equal representation for each state Congress enforces decisions

Connecticut Compromise

The compromise reached at the Constitutional Convention that established two houses of Congress: the House of Representatives, in which representation is based on a state's share of the U.S. population, and the Senate, in which each state has two representatives "The Great Compromise"

Full Faith and Credit Clause

Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state

Congress can amend the constitution with....

2/3 majority and then 3/4 of the states' ratification

bill of rights in order

1. Speech, press, assembly 2. Bear arms 3. Quartering troops 4. searches and seizures 5. Right to jury, no self-incrimination, due process 6. Speedy and public trial before an impartial jury, cross-examination, right to counsel 7. Trial by jury in civil suits 8. Ban on excessive bail 9. Privacy- implicitly retained by people- traditional rights are not outlined 10. Power not taken by the federal gov is afforded to states

Amendments 11 and 12 pertain to what

Quick fixes; states being sued and presidential elections 11- prohibits federal courts from hearing cases in which a state is sued by an individual from another state or another country 12- requires a person to receive a majority of the electoral votes for vice president for that person to be elected vice president by the Electoral College. If no candidate for vice president has a majority of the total votes, the Senate, with each senator having one vote, chooses the vice president.

Amendments 13-15 pertain to what

Civil war amendments; slavery 13- Abolishes slavery 14- granted citizenship to all persons born or naturalized in the United States 15- granted African American men the right to vote

amendments 16-21 pertain to what

Progressive reforms; income tax, prohibition, suffrage, term cycles 16- national income tax 17-senators will be elected to six-year terms by popular vote 18- declared the production, transport and sale of intoxicating liquors illegal 19- suffrage for women 20- sets the inauguration date for new presidential terms and the date for new sessions of Congress 21- undid prohibition

Amendments 22-27 pertain to what

Modern reforms; voting and elections 22- No person shall be elected to the office of the President more than twice 23- Includes districts (D.C.) in presidential elections 24- prohibiting any poll tax in elections for officials 25- VP is second in line for Presidency 26- eighteen years of age or older to vote 27- prohibits any law that increases or decreases the salary of members of Congress from taking effect until after the next election of the House of Representatives has occurred

Commerce Clause

Clause stating that Congress can regulate interstate and international commerce Article 1 Section 8

Necessary and Proper Clause

Constitutional clause that gives congress the power to make all laws "necessary and proper" for executing its powers Article 1 Section 8

How many years can a president serve?

4 years, max 2 terms

How many years does a senator serve?

6 years; cyclical elections by 3 classes

How many years does a house member serve?

2 years

What stops federal abuse of power?

1. Elections 2 Bicameralism 3. Direct limits; public records and formal restraints (Art I sect 8) 4. External Checks- Checks and Balances

How can the President exercise checks and balances?

Veto legislation Interprets laws for enforcement Nomination of Judicial and Executive officials

How can the Courts exercise checks and balances?

Can block actions that are unconstitutional or inconsistent with federal laws

How can Congress exercise checks and balances?

Vetoes can be overridden 2/3s majority in both house and senate Can impeach the President/Judges Controls its own elections Salaries are guaranteed Senate monitors Executive appointments

To impeach an official, the house needs a ______ majority vote

1/2

To remove an official, the senate needs a ______ majority vote

2/3

Federalism

divisions of powers and functions between national and state governments

expressed powers

powers directly stated in the constitution

implied powers

Powers not specifically mentioned in the constitution

Which amendment reserves the rest of governmental power to the states/individuals?

Tenth

Comity Clause/Privileges and Immunities Clause

prohibits states from enacting laws that treat the citizens of other states in a discriminatory manner Article 4 Section 2

ex post facto law

a law that makes an act criminal although the act was legal when it was committed

double jepordy clause

Part of the Fifth Amendment that protects individuals from being tried twice for the same offense.

Who wrote the Federalist Papers?

Alexander Hamilton, John Jay, James Madison

Federalists wanted what?

A stronger national gov't. Didn't think Bill of Rights were necessary Feared too much power being given to the people

Antifederalists wanted what?

power in the states not the central government Advocated for a Bill of Rights Feared tyranny from officials in power

Civil Liberties vs. Civil Rights

Civil Liberties are about freedoms we possess, mostly outlined in the bill of rights. Civil Rights involves equal treatment/protection under the law

Strict Scrutiny

A heightened standard of review used by the Supreme Court to determine the constitutional validity of a challenged practice. SPEECH

Intermediate Scrutiny

a test used by the Supreme Court in gender discrimination cases that places the burden of proof partially on the government and partially on the challengers to show that the law in question is unconstitutional

Clear and present danger doctrine

judicial interpretation of Amendment 1 that government may not ban speech unless such speech poses an imminent threat to society.

prior restraint

government censorship of information before it is published or broadcast

Schenck v. United States (1919)

Established "Clear and Present Danger" doctrine

Abrams v. U.S. (1919)

actual interpretation of First Amendment comes around; mailing anti-war flyers was determined a clear and present danger Banned anyone from arguing against wartime production

Brandenburg v. Ohio (1969)

the KKK did cross burning and held rally; wasn't unconstitutional because it wasn't imminent Applies immediate danger to clear and present danger doctrine

Gitlow v. New York (1925)

Supreme Court says the First Amendment applies to states *Selective incorporation*

selective incorporation

The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments

libel

a published false statement that is damaging to a person's reputation; a written defamation.

NYT v. Sullivan (1964)

Established the "actual malice" standard. In cases of libel or slander, public figures must prove that the author had "knowledge of falsity and reckless disregard for the truth."

NYT v. US (1971)

No prior restraint is allowed unless it would cause "grave and irreparable danger"

How can the Freedom of Assembly be restrained?

through the requiring of permits; time and place restraints

Establishment Clause

Part of the First Amendment stating that "Congress shall make no law respecting an establishment of religion."

Free Exercise Clause

A First Amendment provision that prohibits government from interfering with the practice of religion.

Lemon Test

Three-part test created by the Supreme Court for examining the constitutionality of religious establishment issues. 1. must be secular 2. cannot advance or prohibit religion 3. cannot create excessive government entanglement with religion

Oregon v. Smith (1990)

Native Americans use peyote in religious ceremonies and are fired from their jobs after failing a drug test. Court rules that drug use in religious ceremonies is NOT protected by the "free exercise" clause.

Chuck of LBA v. Hialeah (1993)

Animal sacrifice for religious practice was protected under "free exercise"

Mapp v. Ohio (1961)

Established exclusionary rule; illegally obtained evidence cannot be used in court

Miranda v. Arizona (1966)

You have the right to remain silent Established Miranda rights

Sheppard v. Maxwell (1966)

Overturned a murder conviction based on unfair pretrial publicity and ordered a new trial; impartial jury

Gideon v. Wainwright (1963)

Ordered states to provide lawyers for those unable to afford them in criminal proceedings

cruel and unusual punishment

Court sentences prohibited by the Eighth Amendment

Privacy changes with time:

1965- contraception is legal if married 1986- homosexuality is illegal, overturned 2003 1973- abortion was legalized, overturned 2022

What was the first expansion of civil rights?

White male suffrage, over 21

What strategies were implemented after the Civil War to limit African Americans from voting?

JIM CROW: poll taxes, literacy tests, grandfather clauses, white primaries

de jure discrimination

Racial segregation that is a direct result of law or official policy

de facto discrimination

discrimination that is the result not of law but rather of tradition and habit

Slaughterhouse Cases (1873)

Ruled that the Fourteenth Amendment safeguarded a person's rights only at a federal level, not at a state level.

Plessy v. Ferguson (1896)

Legalized segregation in publicly owned facilities on the basis of "separate but equal."

Which state is the equality state?

Wyoming!

Brown v. Board of Education (1954)

Overrules Plessy v. Ferguson. Racial segregation violates 14th Amendment Equal Protection Clause ("separate is inherently unequal")

Smith v. Allwright (1944)

Outlawed White primaries held by the Democratic Party, in violation of the 15th Amendment

Civil Rights Act of 1964

outlawed discrimination based on race, color, religion, sex, or national origin

Voting Rights Act of 1965

a law designed to help end formal and informal (de jure and de facto) barriers to African-American suffrage

Any use of race in laws or regulations triggers what?

Strict scrutiny

Special Master

an individual hired by the parties to decide disputed pretrial matters in civil actions

Why did Speaker Pelosi visit Taiwan?

implied support for Taiwan and pushback towards People's Republic of China; Congress cannot say anything but her visit is implicit