pols final review

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pols final review
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2010-08-05 02:07:22
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  1. Incorporation Doctrine
    14th amendment makes the Bill of Rights apply to states and the local government
  2. Progressive Tax (16th amendment)
    the more you make the more you pay
  3. Engel v. Vitale (1962)
    Supreme Court ruled that prayer drafted by the school board was unconstitutional . violated the Establishment Clause
  4. Lemon v. Kurtzman (1971)
    3 pronged Lemon Test to ensure that the wall between church and state was maintained
  5. Freedom of Religion
    can be taken away if the religion advocates an overthrow of government, or is unsafe, immoral, or unhealthy
  6. Alien and Sedition Acts (1798)
    to ban political criticism of John Adams administration. Directed towards Thomas Jefferson and anti-federalists
  7. Espionage Act (1917)
    prevented anti-war speech
  8. Libel
    written statement that defames someone's character
  9. Slander
    spoken statement that defames someone's character
  10. Roe v. U.S. (1957)
    obscenity was not meant to be protected by the 1st amendment's freedom of speech
  11. Miller v. California (1973)
    material is obscene if community standards find the work unwholesome or immoral, is offensive, and lacks literary, artistic , political, or scientific value
  12. Procedural rights
    limitations on how government may act. The principles that the laws must be administered in a fair manner
  13. Exclusionary Rule
    judicially created remedy to deter police from violating the 4th and 5th amendments. Bans the use of illegally obtained evidence in trial
  14. Gideon v. Wainwright (1963) 6th Amendment
    guaranteed the accused the right to counsel for defense
  15. Pentagon Papers (NY Times v. U.S.)
    Pentagon was releasing casualty numbers that were knowingly false. Daniel Elsberg told the NY Times what was going on
  16. Prior Restraint
    when the government can prevent your work from being published
  17. GRAMA (Governmental Records Attainment Management Act)
    If the state has government papers they can be forced to release it.
  18. Freedom of Information Act (1966)
    Used by the media predominantly. In 1966 the government compiled a list of people who were possible threats, they were then forced to make it public.
  19. Marbury v. Madison (1803)
    Judicial Review: the right of the Supreme Court to review all laws, acts, and proceedings to determine if they are within the realm of the U.S. Constitution.

    1. In 1796 John Adams was President. In the election of 1800, John Adams ran with CC Pickney (federalists) and Thomas Jefferson ran w/ Aaron Burr (anti-federalist). Jefferson and Burr tied. Alexander Hamilton was a federalist and he decided to support Jefferson, winning him the election.

    2. Adams was left a lame duck until March. His Secretary of State was John Marshall. He called him to be the Supreme Court Chief Justice right before his term was over. Under the judiciary act of 1801 (midnight appointments), Adams called on many members of the Federalist Party to fill the judiciary branch w/ Federalists. William Marbury was supposed to be appointed as a Justice of the Peace, but never received an official seal and thus could not fill his appointment.

    3. Marbury asked Jefferson's Secretary of State, James Madison to deliver the seal of appointment but he refused. Marbury sough a Writ of Mandamus from the Supreme Court that would force Madison to give the seal of appointment. In the Judiciary Act of 1789, which created other courts, Section 13 stated that cases of writs of mandamus to go to the Supreme Court.

    4. In 1803, John Marshall ruled that Section 13 of the Judiciary Act of 1789 was unconstitutional, because it violated Article 3 of the Constitution, which sets clear boundaries for original jurisdiction could only concern matters of one state suing another state, or cases involving ambassadors. The ruling created judicial review.
  20. Gonzalez v. Ogden (2005)
    "Right to die" federal government could not prohibit physicians from using medication to assist in suicide according to Oregon law
  21. Popular Sovereignty
    States decided on issues such as slavery for themselves
  22. Dred Scott Case (1857)
    Chief Justice: Roger B. Taney decided that blacks could not be citizen of the U.S. regardless of what state they reside in. Ruled the Missouri Compromise was unconstitutional, thus permitting slavery in the entire country.
  23. President Harry Truman
    Integrated the armed forces in 1948 w/ an executive order
  24. Theories of Presidency
    • 1. Stewardship Theory: president should have all of the powers not denied to him by the constitution (Teddy Roosevelt)
    • 2. Conservative (Taftian) Theory: president should have only those powers that are within the constitution (Howard Taft)
    • 3. Prerogative Theory: president should have powers during war that he would not normally have (FDR)
  25. Qualifications of President (3)
    • 1. Natural Born Citizen
    • 2. 35 years old
    • 3. Resident of the U.S. for 14 years
  26. Iran-Contra Affair
    • 1. President Reagan hate Communism. Nicaragua was communist and the president wanted to kick Nicaragua out. He wanted to send weapons to anti-communist (Contras) but couldn't because of the Boland Amendments.
    • 2. Members of the National Security Council sold parts to Iran (who was in conflicts w/ Iraq) so they could arm the contras.
    • 3. Tower Commission : (Chairman John Tower) found that president Reagan and VP Bush knew nothing. John Pointdexter (head of the National Security Council) was at fault.
  27. Humphrey Case of 1935
    Th President can appoint members of IRA's but can't fire them.
  28. Bricker Agreement
    tried to limit the President in making executive agreements but did not pass
  29. Case Act of 1972
    stipulation that the president must inform the Senate of an Executive Agreement
  30. Foreign Policy (5)
    • 1. Isolationism
    • 2. Expansionism
    • 3.Neutrality
    • 4. Collective Security
    • 5. Containment
  31. Yalta (1945)
    • Conference: Stalin, Churchill, FDR
    • 1. Divide Germany after War
    • 2. Provide Poland w/ government after War
    • 3.Create Security Council for United Nations
    • 4. Give free elections to Balkan Nations
  32. Qualifications for the House of Representatives
    • 1. 25 years of age
    • 2. United States citizen and resident of the District
    • 3.resident of the United States for 7 years
  33. Qualifications for Senate
    • 1. 30 years of age
    • 2. 9 years as a United States citizen
    • 3. U.S. citizen
  34. Congressman at large
    must run for the whole state instead of district because the state has not yet redistricted
  35. Responsibilities of the Senate
    • 1. Approve treaties and appointments
    • 2. Filibuster
    • 3. Conduct Impeachment
    • 4. Vote for VP if tied in Electoral College
  36. Responsibilities in the House of Representatives
    • 1. Revenue bills originate
    • 2. Time limit
    • 3. Impeachment originates
    • 4. Votes for President if tied in the Electoral College
  37. Committees in Congress (4)
    • 1. Rules: most powerful, establishes rules
    • 2. House Ways & Means: all taxes and welfare originates here
    • 3. Steering: tells what legislation they should push through
    • 4. Joint: combines both houses of Congress, secret, can't amend after
  38. Franking Privilege
    Can use the mail for official business
  39. Rules of Human Behavior
    • 1. Law of Moses: thou shall not kill, right and wrong
    • 2. Canon Law: divine right of kings, religion, and will
    • 3. Codified Law: Roman, written law (includes Executive Orders)
    • 4. British, passed down by tradition (Civil)
  40. Electing a President
    • Iowa Caucus: 1st Congress in the presidential election
    • New Hampshire Primary: 1st primary of the presidential election
    • Super Tuesday: Tuesday when greatest # of states hold presidential primaries
    • Front Loading: moving primaries to an earlier date
    • Electoral College: 538 electors, (435 House, 100 Senate, 3 D.C.) 270 Majority
  41. Court Packing Plans
    FDR wanted to pack the court by raising the # of judges to 15, to push New Deal programs
  42. Rule of 4
    4 of the Justices must agree to hear a case
  43. Appellate Jurisdiction
    Courts ability to review cases already decided by a trial court
  44. Judiciary Act of 1789
    established the Federal Court System

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