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Pols 2302 exam 2 > Exam 2 > Flashcards

Exam 2 Flashcards

(70 cards)

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1
Q

Expressed powers

A

Powers specifically given to the federal gov’t by the constitution.

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2
Q

Implied powers

A

Powers not specifically mentioned in the constitution.

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3
Q

Inherent powers

A

(Not enumerated or implied) assumed to exist as a direct result of country’s existence.

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4
Q

Delegated powers

A

power to coin money, regulate commerce, declare war, raise and maintain armed forces, and establish post offices.

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5
Q

Reserved powers

A

Not expressively given to the gov’t but intended to be used by the states.

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6
Q

10th amendment

A

any power not given to the federal gov’t is basically given to the states.

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7
Q

Bicameralism

A

a “two house” legislature

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8
Q

Pork barreling

A

use of gov’t funds for projects designed to please voters and win votes.

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9
Q

Apportionment

A

(Occurs every 10yrs) allocates congressional seats among the 50 states.

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10
Q

Redistricting

A

the drawing of new electoral boundaries (Occurs every 10yrs)

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11
Q

Filibuster

A

“hijacking” the floor of chamber for a long period to prevent senate from closing a debate.

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12
Q

Due process clause

A

clause in constitution prohibiting the gov’t from depriving a person of life, liberty, or property w/o due process of law.

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13
Q

Commerce clause

A

(Article 1 Section 8) in the constitution stating that congress can give power to regulate all business activities that cross state lines or affect more than one state/nation.

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14
Q

necessary and proper clause

A

(aka elastic clause) constitutional clause that gives congress the power to make all laws “necessary and proper” for executing its powers.

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15
Q

Prior restraint

A

review and restriction of speech prior its release

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16
Q

selective incorporation

A

process of applying the bill of rights to the constitution to state gov’t through the language of the 14th amendment.

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17
Q

establishment clause

A

congress is prohibited from creating/promoting a state religion the gov’t interfering.

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18
Q

clear and present danger test

A

gov’t cannot interfere w/ speech unless it presents a clear and present danger that will lead to criminal acts.

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19
Q

congressional oversight

A

refers to the reviewing of federal agencies and provides the legislative branch with w/ the opportunity to inspect and check the executive branch and its agencies.

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20
Q

logrolling

A

an agreement by two or more lawmakers to support each others bill.

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21
Q

compelling state interest

A

element of the strict scrutiny test by which courts exercise judicial review of legislative and executive branch enactments that affect constitutional rights, such as those found in the 1st amendment.

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22
Q

house rules committee

A

unique to the house of representatives and review all bills coming from the house committee before they go to the full house.

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23
Q

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.

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24
Q

Civil rights act of 1964

A

No discrimination to programs that receive federal funding.

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25
Standing committees
Permanent committees established under the standing rules of the senate and specialize in the consideration of certain areas.
26
Joint committee
Include membership from both houses of congress and established w/ narrow jurisdictions and lack authority to report legislation.
27
Conference committee
Temporary, composed of house and senate conferees for the purpose of reconciling differences in legislation. Used to solve bicameral differences.
28
Article 1 section 8
list of specific powers of congress like the power to establish and maintain an army, establish post offices, create courts, regulate commerce between states, and declare war.
29
14th amendment
declares all persons born in the US, citizens and are guaranteed equal protection of the laws.
30
1st amendment
freedom of religion, speech, press, assembly, and petition.
31
Divided gov't
one party controls the white house and the other controls one/both houses of congress.
32
Exclusionary rule
Improperly gathered evidence may not be introduced in a criminal trial.
33
Power to veto
power of the president to refuse approval of a bill/joint resolution.
34
4th amendment
freedom of unreasonable searches and seizures.
35
5th amendment
right to remain silent/double jeopardy, right to due process.
36
6th amendment
Right to speedy trial.
37
8th amendment
no cruel or unusual punishment.
38
civil rights
guarantees of equal treatment by gov't authorities.
39
civil liberties
limitations on the power of government, designed to ensure personal freedoms.
40
spence test
used in cases of speech and press.
41
sherbert/compelling interest test
test for freedom of religion.
42
West Virginia v Barnette
Schools cant require students to salute the flag.
43
Near v Minnesota
1st amendment protects newspaper from prior restraint.
44
Wickard v Fillburn
Farmers grew more wheat than what was allowed while being funded by congress, was regulated even tho it was for personal consumption.
45
Brandenburg v Ohio
Gov't cannot punish inflammatory speech unless that speech is directed to inciting criminal acts. `
46
Employment division v Smith
Members of native americans church fired for smoking peyote even tho it was part of their religion.
47
Snyder v Phelps
protests that occur during military funerals and say God punishes soldiers due to homosexuality.
48
NY times v US
Case that involved "pentagon papers" where Nixon administration attempted to prevent NY times and washington post from publishing classified material.
49
Mapp v Ohio
case that involved women being convicted of possessing illegal materials after an illegal search in her home, where she appealed her conviction based on her freedom of expression.
50
Schenck v US
Case that involved leaflets being passed around during WWI saying the draft violated 13th amendment, was peaceful protest but was still convicted of conspiracy.
51
Heart of atlanta motel v US
case that involved discrimination based on race to customers even tho civil rights act of 1964 said otherwise.
52
Gregg v Georgia
Guilty of armed robbery and was sentenced to death where the policy "cruel and unusual punishment" came into effect.
53
District of columbia v Heller
Made it illegal to carry unregistered firearm on certain grounds but claimed that this violated the 2nd amendment.
54
Lemon v kurtzman
aid for church related schools must have a secular purpose, can't have advances on religion, and not foster excessive gov't entanglement with religion.
55
Roe v Wade
Legalized abortion based on woman's right to privacy.
56
Texas v Johnson
struck down the law banning the burning of american flag on grounds that it was a symbolic speech and protected the 1st amendment.
57
Gideon v Wainwright
Person who can't afford attorney may have one appointed (6th amendment)
58
Miranda v Arizona
accused must be notified on their rights before being questioned by the police, occurred because Miranda was taken into custody w/o being informed of her rights. (5th amendment)
59
US v Lopez
12th grade high school student carried conceal gun into school and charged for possession, state charges were dropped but then later charged by federal agents.
60
Griswold v Connecticut
Married couple wanted to get contraceptives but was struck down by state laws, later established the right to privacy through the 4th and 9th amendments.
61
Sherbert v Verner
Member of church fired for refusing to work on "Sabbath" because of her faith and was ruled that she could not receive unemployment benefits.
62
Burwell v Hobby lobby
Allows closely hold for profit corp. to refuse to pay legally mandated coverage for contraceptives.
63
Nancy pelosi
US house of representative, Speaker of the house, and democrat.
64
Steny Hoyer
US house of representatives, House majority leader, and Democrat.
65
Kevin Mccarthy
US house of representatives, House minority leader, and republican.
66
Kamala Harris
US senate, President of the senate (VP), and Democrat.
67
Chuck schumer
US senate, Senate majority leader, and Democrat.
68
Mitch McConnell
US senate, Senate minority leader, and republican
69
John Cornyn and Ted cruz
Texas elected officials, senators of Texas, and both republican.
70
Randy Weber
Texas elected official, US representative of district 14, and republican

Pols 2302 exam 2 (1 decks)

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