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Flashcards in Laws and Acts Deck (79):
1

Necessary and Proper Clause (aka: "elastic clause")

Congress can make laws as long as tangibly related to its duties

2

supremacy clause

federal government supersedes state government

3

tariff of abominations

import tax made by President Jackson in 1828, led to nullification doctrine

4

nullification doctrine

because 10th amendment says states have rights that the constitution is silent about, and the constitution is silent about nullifying a law (not following,) so to, states have the right to nullify laws. (Unconstitutional)

5

grandfather clause, white primaries, poll taxes, literacy tests

reactions to 15th amendment; grandfather clause= if grandfather could vote prior to 1865, you can; if he couldn't you couldn't.

6

Civil Rights Act of 1866

military enforcement of 13th, 14th and 15th amendments

7

Civil Rights Act of 1872

it is a crime to interfere with another persons' constitutional rights

8

Senate Rule #22

a) 16 + people sign petition for cloture b) 3/5 Senate vote for cloture

9

cloture

defeat filibuster of bill; every senator gets a maximum of an hour to speak and then vote on bill

10

reapportionment

seats in House get reorganized after census

11

redistricting

after census, have to make equal districts. Prior to 1964: equal districts not dependent on equal population; post 1964: dependent fully on equal population

12

gerrymandering

manipulating redistricting for political advantage

13

speech and debate clause

a member of Congress can't be charged with slander/libel if statement was said under official duties

14

how a bill becomes a law

House: 1) introduce bill-submit to Speaker 2) committee stage- speaker gives to correct standing committees (amendments must be germane--related to subject matter), discharge petition (if refuse to release bill after 30 days, 218 can insist bill goes to passage vote) 3) goes to rules committee (Schedule floor action) 4) floor action. Senate: 1) introduce bill/get bill from House- give to Pro Tem 2) committee stage- give to correct standing committees (amendments can be non-germane) 3) schedule floor action 4) floor action 5) conference committee-compromise on bill 6) goes to Pres. who can veto (2/3 vote can override) , sign, or ignore (if ignore for 10 working days, can become law unless: a) Congress officially adjourned

15

executive budget

18 months before fiscal year; spring review: agency review budget and then send request to OMB. fall review: OMB reviews request and meets with agency head for final decision + send to Pres. (who must approve by Jan and send to Congress.) Congress must authorize (bill saying amount of funds that may be available) and appropriate funds (give funds, which can be less (not more) than originally negotiated)

16

first budget resolution

sets overall revenue + target for upcoming year

17

second budget resolution

binding limits on taxes for upcoming year

18

continuing resolutions

when Congress fails to make resolutions, agencies stick to last year's budget

19

unit rule

majority of electors' vote = state vote (Exception: Nebraska and Maine)

20

Pendleton Act of 1883

a) president can only fire civil servants on merit based system b) made Civil Service Commission, which administers exams for government jobs for civil servants

21

War Powers Resolution Act

1973; a) President has to notify Congress within 48 hours of sending troops b) if Congress doesn't object to troops within 60 days, war; otherwise, troops would have come back before 60 days

22

Line Item veto

President can veto sections of bill and then sign bill; this was deemed unconstitutional by Clinton v. The City of New York because both chambers of Congress have to approve of changes

23

bill #4890

President can veto sections of bill if he sends it back to both chambers of Congress

24

emergency lawmaking powers

President is granted ELPs as long as a) Congress approves and b) it is foreign affairs

25

executive orders

President's legislative powers as long as a) enforce US constitution, b) enforce federal law, c) enforce treaty d) establish/change procedure of exec. agencies. Exec. orders must be recorded in the Federal Register

26

impeachment

50.1% House, guilt= 2/3 Senate and 3/4 state legislatures

27

creating/abolishing cabinet dept

president requests, Congress approves/denies

28

creates IEAs?

president

29

locates IEAs?

Congress

30

deregulation

take away some regulations because stifles agency and therefore ruins efficiency

31

reregulation

increase/change in regulation

32

Hatch Act of 1939 (aka: Political Activities Act of 1939)

civil servants cannot work on political campaigns. Originally, unconstitutional because violates freedom of association; however, court then reversed decision because a) need gov't to be non-partisan and b) civil servants waive this freedom and can find another job

33

Office of Personnel and Management and Merit Systems Protection Board

both replaced the Civil Service Commission; OPM= recruit, interview, administer exams on potential civil servants. MSPB=look at employee complaints

34

Government in Sunshine Act

publicize government action-exception: personnel problems and courtroom proceedings. Plus, doesn't work for everything like CIA

35

Sunset Laws

make temporary committees. exception defeat purpose

36

1978 Civil Service Reform Act

whistleblowers don't get punished for whistleblowing

37

1986 False Claims Act

whistleblowers get compensation for whistleblowing

38

1989 Whistleblower Protection Act (Office of Special Counsel)

office reviews complaints of whistleblowers who got punished

39

Enabling Legislation

Congress makes agency and lets agency make its own rules and regulations. Why? a) lack expertise, b) lack time, c) blameshift if agency goes wrong

40

common law

decisions based on prevailing customs, eventually precedent

41

precedent

decisions that prevails in similar cases

42

stare decisis

judges must go by precedent

43

sources of american law

a) US constitution, b) state constitution, c) laws by legislative bodies, d) laws made by administrative agencies e) case law (binding precedent)

44

triggering fed. jurisdiction

if court involves a) constitution, b) federal law c) diversity citizenship dealing with $75,000 + and d) treaties

45

general jurisdiction

court decides on broad spectrum of cases

46

limited jurisdiction

court decides on particular issues

47

grounds for appeal

when there is a question of law (case proceedings) and not question of fact (guilt/innocence)

48

amicus curaie brief

3rd party writes a brief stating their interest in the case and what they want decision to be. However, they are not directly involved with case

49

class-action lawsuits

a group of people sue a company for damages (people have same or similar claim)

50

writ of certiorari + rule of four

writ: the request of records from lower court; this is only issued if at least 4 justices want it. By not requesting writ, doesn't affect ruling

51

obiter dictim

extending verdict to make precedent (Dred Scott case-->precedent is Congress can't prohibit slavery)

52

remand

case is defective; case sent back to district court

53

dismissing with/without prejudice

with prejudice: prosecution illegally acquired evidence and cannot refile. without prejudice: reversible error that was not the fault of prosecution, so they can refile charges later

54

unanimous opinion

all justices agree on decision and reasoning

55

majority opinion

5-8 justices agree on decision and reasoning

56

concurrent opinion

1-4 justices agree on decision but not reasoning

57

dissenting opinion

1-4 justices don't agree on decision or reasoning

58

senatorial courtesy

one senator can object to a federal judge nomination. All have to apply: a) nominee= for district court b) senator is from same state as person c) senator is from same political party as president

59

establishment clause

government cannot prohibit or advance religion. a) no coercion b) no official church c) no punishment for beliefs d) no extensive participation e) no preference

60

lemon test

test to make sure government action isn't violating establishment clause. a) purpose: law made for secular purpose b) effect: the primary effect is not religious or areligious c) entanglement- government doesn't get too entangled with a religious/areligious group

61

gov't aid for religious schools

can aid: vouchers, standardized testing, transportation, lunch, secular textbooks. can't aid: reimbursing field trips, paying employees, funding for school's own achievement tests

62

protected/unprotected speech

protected speech: high level speech--government can't prohibit it. unprotected speech- low level speech--government can restrict it.

63

clear and present danger

government can prohibit all speech that causes clear and present danger to public

64

bad tendency rule

government can prohibit speech that talks about destroying government because of the "gravity of evil" of the speech

65

obscenity

disgusting language/material as specified by Miller v. California (aka: Miller test- a) avg person would find it offensive b) made with deviant interest c) obvious offensive conduct d) no merit )

66

equal time rule

candidates each get equal time/quality

67

exclusionary rule

evidence retrieved illegally are void in court

68

exceptions to exclusionary rule

a) would've gotten it anyways: if can prove that would have gotten it legally as well, it's fine. b) good faith: unknown to the officer, the evidence was retrieved illegally; it's fine

69

Civil Rights Act of 1875

all public/privately owned public places cannot discriminate against anyone. Southerners brought it to SCOTUS and was made as unconstitutional because can't demand private sector to do anything

70

Civil Rights Act of 1964

cannot discriminate against: age, gender, sexual orientation, race including in private sector. Heart of Atlanta Motel tried to fight this but failed.

71

Voting Rights Act of 1965

a) if 5% or more voters in an area speak another language, have bilingual voting b) outlaws discriminatory voting c) federal administration of voting can take over state's voting rights

72

Equal Rights Amendment

NOW tries pushing equal rights for equal pay. ERA won't pass because a) duplicate legislation (14th amendment) but really because companies control everyone with $$ and paying women less gets the company as well as the government more money

73

Low Scrutiny Test

age, disabilities, sexual orientation known as non-suspect classes, tend to not be discriminated against for a discriminatory purpose but rather because harder to accomplish objective. requirements: a) serve legitimate objective, b) means are conceptually related to accomplishing tasks

74

Medium Scrutiny Test

gender. Requirements: a) serves important gov't objective b) means are substantially related towards accomplishing the objective

75

High Scrutiny Test

race. Requirements: a) serves a compelling gov't interest b) means are narrowly tailored toward accomplishing the objective

76

Title VII of Civil Rights Act of 1964

approaches gender discrimination in 3 ways: a) blanket prohibition against gender discrimination b) prohibits discrimination based on pregnancy c) prohibits hostile working environment and sexual harassment in the workplace

77

Affirmative Action

government's attempt to remedy the competitive disadvantage suffered by minority groups as a result of past discrimination

78

Age Discrimination in Employment Act

a) all people over 40 b) prohibits age discrimination unless bonafide occupational qualification

79

Americans with Disabilities Act

a) prohibits job discrimination against those with physical/mental impairment b) requires all public buildings/services accomodate disabled people c) employers must make accommodations for those with disabilities unless creates undue hardship on employer