Midterm 1 Flashcards by Sydney Stallworth

Causes of Revolutionary War

Taxes, Stamp Act and Sugar Act of 1764, Boston Massacre, Boston Tea Party

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Stamp Act and Sugar Act of 1764

British added taxes on items ie; tea

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Boston Tea Party

Radical group represented by Samuel Adams. Led to the Declaration of Independance.

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Boston Massacre

Represented by John Adams. British soldiers killed 5 colonists- deemed unjustified.

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Articles of Confederation 1777

First US Constitution.

Lmt powers of central govt
Govt can declare war or peace, regulate trade between Natives along with treaties and alliances

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3/5 Comprimise

only 3/5 slaves counted towards a vote (southern states did not want slaves votes to overpower theirs since there was more slaves than white people)

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Virginia Plan

Edmund Rudolf suggested that we have delegates based off of population (of course VA was huge in numbers)

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New Jersey Plan

(small as shit)- introduced by William Paterson wanted every state to have the same number of equal representation

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Great Comprimise

Virginia Plan + New Jersey Plan = Great Compromise.

1787 had equal number of senators but had representation based off of population.

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Bicameralism

Legislature composed of 2 chambers of housing to control excessive democracy

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Checks and Balances

Used to keep the govt from getting too powerful in once branch

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Separation of Powers

Legislative, Executive and Judicial branches is given its own separate powers but must cooperate with decision making

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Federalism

Power is divided by the constitution, central governments, states, and the nation.

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Taxation (Revenue) Power

Taxation and Spending Clause
Contains General Welfare Clause and Uniformity Clause
Article 1 Section 8 of Const: Congress has power to levy taxes to provide for the common defense and general welfare and to pay debts of the US.

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Terms in Office for Federal Officials

House of Reps: 2 year term
Senate: 6 year term
Judges: Lifetime

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Feds v Anti Feds

Feds: favored strong natl govt and supported const
Anti: favored state govt and did not favor const or a strong natl govt

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Living Constitution

Constitutional interpretation (loose constructionism) claims the Const has dynamic meaning and can be interpreted in various ways

Oregon v Smith

Didn’t want to hire a Native American dude who used drugs for religious purposes

Strict Scrutiny

Judicial review. Used to test statues and govt action at all levels of govt w/in the US amendments covering DUE PROCESS OF LAW.
Test reviewed by supreme court in radical discrimination cases

Amendments covering Due Process of Law

5th and 14th

Exclusionary Rule

Says that all evidence in court can be excluded if police officers do not have a warrant

4th amendment

Double Jeopardy

A person can’t be charged for same crime twice

5th amendment

Roe v Wade

Abortion is legal bc women have right to their own bodies

Lawrence v Texas

Gays can be together but cannot marry

Civil Rights v Civil Liberties

Civil Liberties: personal freedoms/guarantees that the government cannot abridge by law Civil Rights: the rights of citizens to political and social freedom and equality.

Dredd Scott v Sanford

Was Dredd Scott a citizen or property because he was a slave? Was not seen as a citizen of the US, but rather, property.

13th, 14th, 15th Amendments | Black Amendments

13th: Aboloshied slavery 14th: Equal protection and allowed due process 15th: voting rights for African American Men

Jim Crow Laws

enacted by southern states to further discrimination against African Americans. “segregated schools”

Plessy v Ferguson

upholds segregation (separate but equal) overturned by Brown v Board of Education

Brown v Board of Education

Overturned Plessy v Ferguson. Put policies against discrimination (except workplaces or schools)

De Jure v De Facto

Jure: legally enforced practices such as school segregation Facto: practices occured without being legally bound

Historical Prohibitions on Immigration

Latinos, Asain Americans. DREAM ACT- provides permanent residency for those in military DACA- kids who came illegally will have no action taken against them

the political status of Native Americans

Left unclear in consitution. 1800s- Natives are non citizens 1924- citizenship garunteed if born in the US

Americans with Disabilities Act 1990

Guarantees equal employment rights and access to public businesses and prohibits discrimination in employment, housing and healthcare

University of Michigan affirmative action cases

Gratz v Bollinger AND Grutter v Bollinger Michigan gave ethnic groups a higher advantage and chance of getting admission

Korematsu v. U.S.

President Roosevelt 1941 used strict scrutiny which excluded people of Japanese ancestry on the west coast and to place them in internment camps

Bill of Rights 1,4,5,6,7, 9, 10

1. Freedom of Religion, speech, press 4. Protection from search and seizures 5. Protection of life, liberty, and property 6. Rights of accused persons in criminal cases 7. Right of trial by jury in civil cases 9. The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. 10. Powers not reserved for the govt are reserved to the states

Nationalization of the Bill of Rights (Selective Incorporation)

a constitutional doctrine that ensures states and national government cannot enact laws that take away the constitutional rights of American citizens 14th amendment

Lemon Test

a requirement for religious groups to get funding 1. Must have secular purpose 2. Neither advance or inhibit religion 3. Does not entangle government and religious interest

Levels of Protected Speech

Any speech is protected minus speech that can potentially HARM others

Schenck v. U.S.

(1919) restricted speech that proves a “clear and present danger” to public order attempted to stop men from being drafted.