Combo with "PSC 100" and 4 others

1.The first explorer(s) to accurately map and document the geographic features of present day Nevada was/were:

2.The concept of Manifest Destiny involved the idea that
the United States had a duty and obligation to inhabit all land lying between the Atlantic and Pacific oceans

3. The first two groups of English speakers to enter the Great Basin for a signicant amount of time were led by
Jedediah Smith and Peter Skene Ogden

4. What was the name of the route that became the primary emigrant route across Nevada?
The Humboldt Trail

5. What was the first permanent settlement in Nevada?
Mormon Station (later called Genoa)

6. According to the historian quoted in Chapter One (James Hulse), Nevada’s history began as
a struggle to exploit the resources of the land as rapidly as possible

7. Which of the following is NOT true about John C Fremont and the Fremont Expedition?
he was the first Euro-American to see the Humbolt River

8. The first English speaking parties that entered and explored the Great Basin were primarily interested in
fur trapping

1. Which one of the following was NOT a motivating factor of the bill to establish Nevada, Nebraska, and Colorado as states?
the Union needed Nevada’s silver

2. President Abraham Lincoln appointed the first Territorial Governor for the new Nevada Terroritory. He was:
James W. Nye

3. Why was the Nevada Constitution wired to Washington, D.C. at great expense?
in order to get it accepted before the 1864 national elections

4. What action did the Nevada Territorial government take on gambling?
they made gambling illegal in Nevada

5. The Nevada Terrority became a State on October 31,________

6. Both the 1863 and 1864 versions of the Nevada Constitution were based on the constitution of which state?

7. Nevada’s 1863 Constitution
was defeated by the voters due to concerns about a mining tax and William Stewart’s role in the new government

8. Which one of the following is NOT a reason why Congress was able to establish a separate Nevada territory in 1861?
the assassination of Abraham Lincoln provided an opportunity to create a separate territory without attracting attention

1. Regarding racial segregation in Nevada after 1930,
Nevada had no statutes mandating racial segregation, but private citizens often enforced racial segregation in housing and employment

2. Before 1881, the Chinese in Nevada
experienced numerous acts of discrimination, including being prohibited from owning property, testifying in court, or joining miner’s unions

3. In Nevada, women obtained the right to vote
before the Nineteenth Amendment gave all women in the United States voting rights

4. True of False: Native American children were allowed to attend public schools in Nevada before 1920

5. What is the difference between civil liberties and civil rights?
civil rights are generally “positive acts of government” that protect against arbitrary or discriminatory treatment. Civil liberties refer to “negative restraints” on the exercise of government power.

6. What encouraged Las Vegas mayor Owen Gragson to announce an official end to any racially discriminatory practices in Las Vegas in 1960?
a threat of massive protests and sit-ins led by Dr. James McMillan

7.As late as 1958, the Las Vegas City Commission recommended that women
should NOT be hired as casino dealers

8. Which of the following is NOT true regarding civil rights for Gays and Lesbians in Nevada
Marriage between same sex couples is legal in Nevada

9. Fifteen states refused to ratify the Equal Rights Amendment in the 1970s, and Nevada was
one of the 15 that did not ratify it

10.Which of the following is NOT a way that Nevada’s Declaration of Rights differs from the U.S. Bill of Rights?
Nevada allows the government to seize private property, but compensation must be provided after the seizure of property and at the lowest reasonable market price

1.Which of the following is NOT a requirement to vote in Nevada today?
one must register as a member of a political party

2. Which of the following is NOT accurate regarding term limits in Nevada?
judges may serve no more than eight years

3. How does the initiative process for a constitutional amendment differ from the initiative statute process?
for a constitutional amendment, the proposal goes directly to the voters and must be approved in two consectutive general elections

4. As it was originally ratified in 1864, the state constitution originally allowed:
Only White Males of the age of 21 older to vote.

5. Since 1908, how many times has Nevada voted for the LOSING presidential candidate?
Only once — 1976

6. As of April 2014, which party had the most registered voters in Nevada (see link to Secretary of State web page for these statistics)?

7. The recall process allows Nevada voters to
remove a state or local official from office

8. The referendum process allows Nevada voters to
approve or disapprove of any law passed by the legislature

9. Political Parties in the United States have traditionally
Been much weaker than those in other parts of the world.

10. Which of the following is NOT part of the initiative process to create a statute?
the voters must approve the proposed statute in three consecutive general elections

1.Interest groups in Nevada do not attempt to influence officials at all levels and in all branches of state government.

2. Nevada state legislators are especially reliant upon lobbyists for information regarding bills that are pending before them, due to the fact that the Nevada State legislature is a part-time body.

3.Regarding lobbying, the 2011 Nevada legislature reported _______ lobbyists for every legislator, and the national average is ______ lobbyists per legislator.
14 (Nevada) – 7 (National Average)

4. Interest groups in Nevada
seek to get policies they favor enacted into law

5. What was the impact of a 1993 law that required lobbyists to list legislators on whom money was spent?
spending by lobbyists on legislators dropped 90 percent between 1993 and 1995

6. According to Jon Ralson’s The Anointed One, gaming interest groups
forced out potential governor candidate Frankie Sue Del Papa by starving her of funds

7. Which one of the following has NOT been an effective interest group in Nevada in the last 30 years?
Advocates for welfare recipients

8. The single most important industry in the State of Nevada is:

1.The Nevada state legislature meets every other year in odd number years.

2.Members of the Nevada assembly serve
two-year terms

3.Who is the most powerful member of the state senate?
the majority leader

4. The Nevada State legislature is limited to 180 days when it meets every other year.

5. Currently, the Nevada legislature is comprised of
42 assembly members and 21 senators

6. From 1915 to 1965, Reno and Las Vegas contained 75% of Nevada’a population but
had only 57% of the assembly seats and 12% of the senate seats

7.How many votes are necessary to pass a bill that contains no tax increase in the Nevada state legislature?
a majority of elected members of each house (11 votes in the Senate and 22 in the assembly)

8. Members of the Nevada senate serve
four-year terms

9. What is the Legislative Counsel Bureau (LCB)?
A bureau containing five divisions (legal, administrative, audit, fiscal analysis, and research) that provides information and assistance to legislators

10.Since 1998, the regular legislative session is limited to
120 calendar days

1.The age requirement to be Lt. Governor is the same as the Governor

2.Nevada has a “plural executive.” What is meant by this term?
plural executive means voters elect more than one executive officer. In Nevada, six elective-branch offices are selected by the voters

3.The minimum age requirement to be Governor in the State of Nevada is:
25 Years old

4.The State Constitution allows the Governor of Nevada to be recalled by the voters before his or her term has expired

5.At every legislative session, the Governor is constitutionally required:
To deliver a State of the State address to the legislature

6.Which one of the following is NOT one of Nevada’s six elected executive branch officers?
Chief Legislator

7.The Governor of Nevada is limited to
Two 4 year terms

8.Who is considered the “chief executive” of the state of Nevada?
the governor

9.The Lieutenant Governor officially also serves as:
The Governor’s Press Secretary

10. What power does the Nevada governor possesses that the U. S. President does not?
the Nevada governor appoints heads of cabinet-level departments without approval of the legislature

1. How many justices currently sit on the Nevada State Supreme Court?

2. The state court system of Nevada operates separately and independently of the federal court system.

3. Nevada State Supreme Court justices are:
Elected for a 6-year term

4. How many judicial districts does the State of Nevada have?

5. Which one of the following is NOT one of the levels of Nevada’s court system
Nevada State Court of Appeals

6.The Nevada Supreme Court is restricted to hearing questions of law only and not questions of fact.

7.Which one of the following is INCORRECT pertaining to the role of judges in the Justice Court in Nevada?
To hear civil cases of more than $7,500 but less than $9,000

8.What is the chief function of the Nevada State Court System?
To interpret state statutory and state constitutional provisions and to impose sanctions on those who violate them.

1. What is the governing board in each of Nevada’s counties?
Board of County Commissioners

2. The largest populated City in the State of Nevada is
Las Vegas

3. City managers, like County managers:
Serve at the pleasure of the council or commission

4. Local governments (ie. cities) are considered creatures of the state and have no independent power. They may exercise only those powers given to them by the state constitution and statutes.

5. There are how many counties in the State of Nevada

6. Cities in Nevada are governed by
city councils

1.As of January 2009, Nevada’s tax revenue came mostly from gaming and sales taxes. In general, these taxes provide an _______ tax structure

2. Who said that taxes are the price we pay for a civilized society.
Oliver Wendell Holmes

3.Nevada has four types of gaming taxes. Which one of the following is NOT a type of gaming tax in Nevada?
a tax on state lottery proceeds

4.Gambling was legalized in the State of Nevada during the:

5.What two forms of taxes are prohibited by the Nevada state constitution?
a state personal income tax and a state tax on estates of deceased citizens

6.The capital for the State of Nevada is
Carson City

7.The Nevada State Constitution prohibits

1. The current Governor for the State of Nevada is:
Brian Sandoval

2. The current Lieutenant Governor for the State of Nevada is:
Brian Krolicki

3. The current Attorney General for the State of Nevada is:
Catherine Cortez Masto

4. The current Treasurer for the State of Nevada is:
Kate Marshall

5. The current Secretary of State for the State of Nevada is:
Ross Miller

6. More than _________ percent of Nevada’s population resides in Clark County.

7. A major issue facing the State of Nevada is:
Water, Growth, Diversifying the economy

8. As of 2013, Nevada sends _____ representatives to the U. S. House of Representatives

9. As of 2012, Nevada’s two United States Senators are
Harry Reid and Dean Heller

10.In 2013, which one of the following is NOT one of Nevada’s congressional representatives?
Shelly Porter

11.A voter lives at 5270 Neil Road, Reno, NV 89502. Who is his/her Nevada Assembly representative and Nevada State Senate representative as of Jan. 1, 2013?
Assembly: Randy Kirner (R)/ Senate- Ben Kieckhefer (R)

12. A voter lives at 18600 Wedge Parkway, Reno, NV 89511. Who is his/her Nevada Assembly representative and Nevada State Senate representative as of Jan. 1, 2013?
Assembly: Randy Kirner (R)/ Senate- Ben Kieckhefer (R)

Necessary and Probable Cause Act
“elastic clause”- This is the source of Implied Powers for the Natl Govt. authorizes Congress to make all laws necessary and proper for carrying into execution the foregoing powers and all other powers vested by this Constitution in the govt

17th Amendment
Provides for the direct popular election of the US senator

Senate contains ____ members

House contains ____ members

Senators serve ____ year terms

House Reps serve ____ year terms

_______ debate in Senate; _______ debate in House
Unlimited; Limited

more prestige, media coverage, and visibility in ______; Less prestige, media coverage, and visibility in House of Rep

Must be 25 years of age, US citizen for at least 7 years and a legal resident of state which elects him
member of House of Representative

Must be 30 years old, US citizen for at least 9 years and a resident of the state which elects him
member of Senate

Trustee Rule
The concept that legislators should vote on the basis of their consciences and the broad interest of the nation, not simply on the views of their constituents

Delegate Rule
a concept of legislative work as simply voting the desires of one’s constituents, regardless of one’s own political view

Franking Privileges
A congressional benefit that permits members to send out official mail using their signature rather than postage

Speaker of the House
presiding officer over the House of Representatives

Rules Committee
is powerful house committee that clears most important bills for floor consideration and decides the rule under which bills should be considered; or,also the committee of a party convention that recommends changes in the way a party conducts its affairs/// decides amount of time and money House will spend debating a bill dictates the amending process

House Majority Leader
Leader and chief spokesperson for the majority party in the House

House Minority Leader
Leader and chief spokesperson for the minority party in the House

Party Whip
Member of each party’s leadership responsible for party discipline and attendance for key votes

President pro tempore
The presiding officer of the Senate in the absence of the vice president; largely honorific post, usually given to senior majority party member

Senate majority leader
Leader and chief spokesperson for the majority party in the Senate

Senate minority leader
Leader and chief spokesperson for the minority party in the Senate

Standing committee
(20 in House/16 in Congress) are at center of congressional process

Joint committee
permanent committees made up of members of both houses

must go through both House and Senate before it reaches the President

Continuing debate designed to prevent consideration of a particular bill; a technique used in Senate, Cloture (debate ending rule) that allows 2/3 of the senators present to end debate

Iron Triangles
combination of interest group representatives, legislators, and government administrators seen as extremely influential in determining the outcome of political decisions

Presidential Qualifications
Natural-Born Citizens; must be at least 35 years of age and a resident of the US for at least 14 years

22nd Amendment
banned any future president from being elected more than twice

Presidential Powers
Executive Power
Power of Appointment
Removal Power
The Power of Pardon

Inner Cabinet
handles issues of national importance- secretaries of state, defense, Treasury; including Attorney General

Outer Cabinet
deals with sharply defined programs and are subject to considerable pressure from client groups

responsible for compiling the President’s annual budget proposal to Congress

25th Amendment
provides mechanism for the VP to assume the presidency in the event of presidential disability and the selection of a replacement for the VP should that office become vacant

negotiates and signs treaties; subject to a vote approval of 2/3 of the Senate

Executive Agreements
agreements between heads of state that unlike treaties, do not require Senate approval

Commander in Chief with war making ability; Congress has formal power to declare war

Executive Privilege
is the right of the president to refuse information requested by Congress and the courts

An organization that exists to accomplish certain goals or objectives called public purposes and that consists of a group of people hired and arranged in a hierarchy because of specific duties they can perform

Individuals working in the executive branch of government who have received their positions on the basis of some type of appointment

Independent Agencies
The agencies that are outside the 15 executive departments are what types of agencies

Spoils System
The practice of making appointments to government job on the basis of party loyalty and support in election campaigns, associated with Andrew Jackson

Merit System
Merit was determined by competitive examinations that tested an individual’s ability to perform the job in question

Legislative Veto
Congressional power, which the Supreme Court ruled unconstitutional in 1983, to halt an executive initiative be a vote of one or both houses by a congressional committee

Rules devised by government to shape the actions of individuals and groups to achieve purposes mandated by law

Red Tape
Bureaucratic rules and procedures that seem to complicate and delay needed action unnecessarily

Whistle blower
Individuals in the bureaucracy who report fraud or waste

A controversy to be decided by a Court

A public wrong, an offense such as murder, against society at large- even though it may have been against only a single individual

Criminal Case
Judicial proceedings the government begins against individuals following commission of a crime

Civil Case
Noncriminal legal action, such as divorces or attempts to recover damages following an auto accident

51 judicial System
each of 50 states has its own court that hears specific cases while the national government has its own set of federal courts

Authority of a court or other agency to act

Limited Jurisdiction
The lowest level court in a state’s judicial system that hears particular kinds of cases involving small claims, traffic violations, and minor criminal offenses

General Jurisdiction
The basic unit of a court system, receiving appeals from courts of limited jurisdiction and serving as trial courts for serious criminal offenses and civil suits involving substantial amounts of money

Missouri Plan
Method of selecting state judges, involving appointment from a list of recommended nominees an a later retention vote by the electorate

En Banc
Some appellate courts which have a large number of judges and a large caseload often divide into divisions or panels for each case. EX: US Appeals Courts cases are usually heard by 3 judge panels

Supreme Court hears…
Cases btw one of the states and US govt
Cases btw 2 or more states
Cases involving foreign ambassadors, ministers, or consuls
Cases begun by a state against a citizen of another state or against another country

Original Jurisdiction
Authority of a court over cases that begin in that court, such as courts of general jurisdiction having original jurisdiction over most criminal offenses- Original jurisdiction of US SCt is very small

Appellate Jurisdiction
Includes cases a court receives from lower courts- Congress defines the AJ of the US S Ct

Rule of Four
Procedure of the US S Ct by which the affirmative votes of four justices ore needed to accept a case for decision

Senatorial Courtesy
Custom in the Senate to reject, for federal office, a nominee who is unacceptable to a senator from the nominee’s state when the senator and president are from the same party; occurs at federal and state levels

Judicial Review
The authority of courts to set aside a legislative act as being in violation of the Constitution; provided by Marbury v. Madison

Amici Curaie brief
“friend of the court” referring to persons, govt agencies, or groups that are not parties to a case but nonetheless have and interest in its outcome and that make their views known by filing a brief with the court hearing the case

Who assigns the writing of opinion
Chief Justice; if not, senior associate justice

Concurring Opinion
A statement issued separately by a judge voting with the majority

Dissenting Opinion
A statement issued by a judge explaining his or her disagreement with the majority position

What are the judicial activists?
Judges who are at least hesitant to invoke judicial review to strike down an act of Congress or of a state legislature

What are judicial restraints?
Judges who are reluctant to invoke judicial review to strike down an act of Congress or of a state legislature

Prior decisions of courts that are cited as authority by other courts

Stare Decisis
A legal doctrine that suggests courts should follow precedent as a general rule, breaking with previously legal principles only on rare occasions

A set of rules by which power is distributed in a political group, such as the state. This usually consists in part of a formal set of rules, but it always contains as well various informal mechanisms, traditions, and understandings by which power is assigned to people.

incentive compatibility
A situation in which those who make decisions on behalf of society benefit personally when their decisions benefit society. When incentive compatibility is present, society does not need to depend on nobility of character in its officials; it can depend on more reliable force-their concern for their own self-interest.

unitary state
A state in which no other governmental body but the central government has any ares of policy that are exclusively under its control. In this system, local and regional governments may potentially be overruled by the central government in any political decision they make.

federal state
A state in which the constitution grants to regional governments a legal monopoly over certain political decisions, such as educational policy. Therefore, two different governments will control the same group of people, but with regard to different political questions.

rule of law
An assurance that actions of the government are based on general principles that are applied equally to all people. Under this, governmental actions are not arbitrary, and are not based on personal connections or pay-offs.

The doctrine that states’ constitutions should be designed fairly, not to give undue advantage to any particular group, and that the government should then be faithful to that constitution. In this way, individuals are protected against arbitrary governmental action.

An election in which voters choose directly whether a particular proposal will become law; this contrasts with other kinds of elections in which votes choose among various candidates for a political office.

electoral system
A set of rules by which the outcomes (a set of officers elected or whatever) is determined from the distribution of votes cast by the electorate.

single-member-district plurality electoral system (SMDP)
An electoral system in which the state is divided into geographic subdivisions, each subdivision is represented by a single member in the legislature, and the candidate who attains a plurality of votes in that subdivision is the one who fills the seat.

proportional representation electoral system (PR)
An electoral system in which parties receive a number of seats in the legislature roughly proportional to the number of votes that were cast for them among the electorate.

paradox of voting
The paradox that no one should vote if their only reason for voting is that they wish to help their favored candidate win. The odds that the rest of the voters will produce a tie are incredibly small, and that is the only circumstance in which the person’s vote will make any difference to the candidate.

party identification
A personal identification with a political party; not just agreement with its policies or candidates of the moment but an enduring identification with the party itself.

political party
A group of officials or would-be officials who are linked with a sizable group of citizens into an organization is to ensure that its officials attain power or are maintained in power.

The systematic stimulation of concentrated effort by large numbers of people, as in elections or demonstrations. This term is used especially in reference to stimulation conducted on its own behalf by the government.

party system
The set of all parties in state. Political scientists distinguish among such systems primarily by the number and relative size of the parties: for example, two-party systems, mulitparty systems, dominant party systems,

one-party system
A political system in which only a single political party is allowed to be active.

dominant-party system
A political party system in which various parties are allowed to function openly and with reasonable effectiveness but in which a single party nonetheless holds power all the time.

two-party system
A democratic system in which two parties regularly receive 90 percent or more of votes cast but in which it is rare for either of them to receive more than 55 or 60 percent of the votes. These two parties will replace each other in office fairly frequently.

multiparty system
A democratic system in which there are more than two major parties.

parliamentary government
A democracy in which the executive and legislative functions are merged in one institution, the parliament. The parliament is the state’s supreme legislature, but it also appoints a committee (the cabinet) to serve as the political executive for the state.

presidential government
A democratic in which the legislature and executive exist independently and are elected independently of each other. The president takes a leading role in forming policy but must have the consent of the legislature if that policy is to be enacted. A presidential system divides power, whereas a parliamentary system unifies it.

The executive portion of a parliamentary government

head of state
The executive figure in any state who is the symbolic focus of the state, and represents the state personally. In a presidential system, the head of state also is the leader of political decision making in the state. In parliamentary system, the two functions are separated, and filled by two different people

head of government
The part of government that carries out the executive functions of overseeing the bureaucracy, conducting military and diplomatic affairs, and taking the initiative of developing the budget and major policies.

constitutional monarch
A monarch, that is, one who acquires the position of head of state by inheritance, holds it for life, and passes it along to heirs-but with the difference that a constitutional monarch serves as head of state in a parliamentary system, and thus serves a symbolic role, not participating in the making of political decisions.

A tactical combination of varied groups, constructed so that the groups will in combination be large enough to command power that they can then share among themselves. Frequently applied to parliamentary government, in which 50 percent of the votes in parliament are required to form a cabinet but in which it may be necessary to combine two or more parties at amass 50 percent of the votes

question time
A device, originating in the British House of Commons and since imitated in man parliaments, by which cabinet members appear regularly in the parliament to answer questions from members about the administration of their offices. These questions and answers often spark hot debate.

delegate model
A model of representation in which representatives regard themselves as speaking for their constituents, and cast each vote as they think the constituents would wish it to be cast.

trustee model of representation
A model of representation in which representatives regard themselves as working on behalf of their constituents’ interests, but not necessarily doing what the constituents would wish them to do in every instance.

committees of parliament
Small group of legislators whose task (usually) is to review carefully a proposed piece of legislation and recommend to the full legislature what action should be taken on it. It many legislature, bills may be amended by the committee or killed in entirety. Committees may also perform other tasks, such as investigating an area of possible legislation.

“consensus” parliamentarism
Parliamentary government in which the adversarial relationship between the cabinet and the opposition parties is reduced through a variety of power-sharing devices, such as allotting control of committees to parties proportionally to their strength, whether or not they are part of the cabinet.

minority cabinet
A cabinet based on a coalition controlling less than a majority of votes in the parliament. It generally govern through an agreement with one or more other parties, which are not part of the cabinet coalition, that they will not vote for motions of no confidence against the cabinet.

hybrid presidential system
A system in which a president with more than ceremonial power coexists with a premier and cabinet who are responsible to a parliament. Executive decision making is shard in some way between the two executives, often with the president having the greater power in defense and foreign policy, while the premier and cabinet have greater power in domestic policies, but the relationship between the two can be quite variable.

Holding members of the government responsible by rewarding them when they do what the citizens want and punishing them when they do not.

retrospective voting
Voting by a simple decision rule: if your life and the lives of those you care about are going well, vote to keep incumbent officials in office; if not, vote against them to put their opponents in office.

Bill of Rights
first 10 amendments of the Constitution

Alien and Sedition Acts
made citizenship incredibly difficult to acquire and banned publishing any false or malicious writings against the government

Clear and Present Danger Test
used by the Supreme Court to determine when speech may be suppressed

prior restraint
relates to censorship before something is published or halts publication already underway

constitutional functions
1. outlines the organization of government
2. grants power and authority to government
3. can be a mainstay of rights
4. may serve as a symbol of the nation

Declaration of Independence (The Idea of Consent)
-ratified in 1776
-stated colonists’ grievances against British rule
-expressed the political ideas and values of the day including the following themes:
1. Humankind shares an equality
2. Government is the creation and servant of the people
3. The rights that all people intrinsically possess constitute a higher law binding government
4. Governments are bound by their own laws

Articles of Confederation (The Idea of Compact)
-provided for the dominance of the states in the political system and granted only a few powers to Congress
-there were no separate executive or national courts
-amendments were almost impossible
-equal representation for the states was preserved

Shays’ Rebellion
illustrated the economic problems and weaknesses of the central government

Annapolis Convention
led to a call for a constitutional convention

Deficiencies of the Articles
weak central government and state governments that had too much power

Successes of the Articles
One notable success of the Articles was the Northwest Ordinance, which laid the basis for government in the West

The Great Compromise/Connecticut Plan
-incorporated the Virginia Plan for a strong national government and the New Jersey plan for strong state governments and created numerical representation in the lower house and equal state representation in the upper house
-presented by Roger Sherman

three-fifths compromise
-allowed slaves to be counted as a fraction of a person for representational purposes
-still, a majority of Americans (slaves and women) were denied representation and participation

Virginia Plan
-presented by James Madison
-bicameral legislature
-each state would have representation in proportion to their population
-three branches of government

New Jersey Plan
-presented by William Paterson
-unicameral legislature
-each state, regardless of size, would have equal representation

The Federalist Papers
-a collection of essays supporting the Constitution -still a major source of American political theory

supporters of the Constitution

believed that the Constitution was conceived illegally, weakened state governments, threatened individual liberty, and promoted a commercial empire

Tenth Amendment
reserved powers to the states (any power not specifically delegated to the national government or prohibited to the states, is reserved for the states)

Length of the Constitution
-27 amendments
-since the Bill of Rights was added in 1791, only 17 formal changes have been made to the Constitution

elastic clause
gives Congress implied powers that have been used to meet new challenges and needs

Electoral College
-consists of electors, chosen by the people, who elect the chief executive (president)
-compromise between direct election of the president by the people, election by congress, and election by state legislatures

Article V
prescribes the formal amendment procedure

Marbury v. Madison: The Case of the Undelivered Commissions
After the 1800 election, the Federalist Congress authorized 42 new Justices of the Peace, but some of these appointments were not delivered before the new president took office.
William Marbury asked the Supreme Court to force delivery through a writ of mandamus.
-Reaffirmed that officers of the government were bound by law
-Declared that laws contrary to the Constitution were not valid
-The Court claimed authority to interpret the constitution: established the power of JUDICIAL REVIEW

Judicial Review
-it is the Court’s authority to interpret the Constitution
-some framers expected the Court to exercise judicial review
-much controversy stems from the fact that the Constitution says nothing about how its words are to be interpreted

Federal form of government
-Federalism is a system of government in which national and state governments share power within the same political system
-Both national and state governments have jurisdiction over individuals
-it is a compromise between a strong central government and a league of separate states

Confederate form of government
-a loose collection of states in which principal power lies at the level of the individual state rather than at the level of the central government
-Confederations are founded on the political idea of diversity and local control, allowing states to pursue diverse approaches to policy
-Historically, the United States under the Articles of Confederation was an example of a confederation

Unitary form of government
-one in which principal power within the political system lies at the level of a national or central government
-the government of France and each of the 50 American state governments are unitary systems

Dual Federalism
-the view that national and state governments are separate and independent form each other, with each level exercising its own powers in its own jurisdiction
-nicknamed “layer cake federalism” because the levels of government (cake) are separate

Cooperative Federalism
-the view that across a wide range of public policies, despite occasional conflict, all levels of government are intertwined and work closely with one another
-nicknamed “marble cake federalism” because the levels of government (cake) are muddled/intertwined

Categorical Grant
a transfer of cash from the national government to a state or local governments for some specific purpose

Block Grant
a transfer of cash from the national government to a state or local government for use in a broad policy area, allowing greater discretion on the part of the state or local government

Reserved Powers
-any power not specifically delegated to the national government or prohibited to the states, is reserved for the states (10th Amendment)
-examples: “policing” “welfare of citizens”
1. Prevention and prosecution of criminal activities
2. Regulation of a variety of matters having to do with public safety, business, and commerce
3. Responsibility for providing for the universal education of its citizens

Delegated Powers
-the powers of the national government (Congress) specifically established in Article I of the US Constitution
-Express and Implied powers are both forms of delegated powers

Express Powers
-are specifically enumerated as belonging to the national government (Congress)
-examples: the power to regulate interstate commerce, coin money, and declare war

Implied Powers
-permit Congress to make laws that are “necessary and proper” to execute express powers
-The Bank of the US is an example because the Constitution does not specifically state that the national government had the right to create a bank, but the bank is necessary to carry out Congress’ power to regulate coin money and collect taxes

McCulloch v. Maryland (1819)
-first interpreted the “necessary and proper” clause in a way that allowed expansive power to the national government
-also implied the principle of national supremacy

Republican Government
-divided powers to avoid tyranny
-a mixture of democratic/nondemocratic features
-power is divided horizontally in a system of checks and balances where the legislative, executive, and judicial branches share power and vertically between national and state governments

Due Process Clause
– in the Fourteenth Amendment
-similar to the Fifth Amendment, which only restricts the national government
-states that no person shall be “deprived of life, liberty, or property without due process of law” -Usually, “due process” refers to fair procedures

Higher Law
-a moral or religious principle that is believed to overrule secular constitutions and laws
– no law may be enforced by the government unless it conforms with certain universal principles (written or unwritten) of fairness, morality, and justice

Who do civil liberties affect?

Where do civil liberties come from?
bill of rights, 14th amendments

Civil liberties debate
“freedom from v. freedom to”

What are the key concepts of civil liberties?
due process clause of the 14th amendment
incorporation of fundamental freedoms

Who do civil rights affect?

Where do civil rights come from?
civil war amendments (13-15)
19th amendment

Civil rights debate
equality of process vs. equality of opportunity

What are the key concepts of civil rights?
equal protection clause of the 14th amendment
supreme court’s standard of review

the original constitution and civil liberties
cannot pass ex post facto laws
cannot pass bills of attainder
cannot suspend writs of habeus corpus (except in times of rebellion and invasion)
cannot impair the obligation of contract
cannot deny privileges and immunities

1st amendment
congress shall make no law 1) establishing a religion 2) freedom of speech 3) freedom of press 4) freedom of assemble

Santa Fe Independent School District vs. Doe (1st amendment, religion clause)
Q: Does the Santa Fe Independent School District’s policy permitting student-led, student-initiated prayer at football games violate the Establishment Clause of the First Amendment?
A: Yes. Supreme Court held that the District’s policy violates the Establishment Clause. The Court concluded that the football game prayers were public speech authorized by a government policy and taking place on government property at government-sponsored school-related events and that the District’s policy involved both perceived and actual government endorsement of the delivery of prayer at important school events.

Nat’l Socialist Party V. Skokie
Q: Did the Illinois Supreme Court’s decision improperly deny the First Amendment rights of speech and assembly to members of the Nazi Party?
A: Yes. Because this case would deny liberties protected in the First Amendment, liberties that are fundamental to a democracy.

Selective Incorporation
a judicial doctrine where the protections ensured by the bill of rights also apply to states via the due process clause.

incorporation ensures that states CANNOT enact laws that take away the liberties of American citizens that are enshrined in the Bill of Rights.

Gideon v. Wainwright (selective incorporation case) (6th amendment)
Q: Does the Sixth Amendment’s right to counsel in criminal cases, which had applied only to the federal government, extend to defendants in state courts via the Due Process Clause of the Fourteenth Amendment?

Robinson v. California (8th amendment)
Q: Does the Eighth Amendment’s protection against the infliction of cruel and unusual punishment apply to the states via the Due Process Clause of the Fourteenth Amendment?
A: YES; addiction=illness, cannot jail person for being addicted to drugs

Civil rights movement (definition, goals)
the effort of an excluded group to fight for liberties/rights; about redistributing power and be treated as a suspect classification

Dred Scott v. Sanford
SC ruled the constitution did not include AA citizenship

Reconstruction and Resegregation
13th amendment: ends slavery (north)=black codes (south)
14th amendment: equal protection (north)
15th amendment: right to vote (north)=Jim Crow Laws (south)

Two major events that end Northern intervention
1. Presidential Election of 1676 (compromise of 1877)- in return for the 20 electoral votes needed to win presidency, Hayes (n) agrees to pull all federal troops out of the south
2. Plessy v. Ferguson

focused on overturning Plessy v. Ferguson by using the federal courts to desegregate law schools

Missouri Gains v. Canada
States can’t deny qualified students of any race admission to law school. **MO can create a segregated AA law school**

Sweatt v. Painter, McLaurin v. Oklahoma State
The Court overturns the separate-but-equal doctrine in graduate and professional education

Brown V. Board of Education l & ll
mere separation is unconstitutional

Voting Rights Act 1965
Section 4 & 5

Suspect (demographic)
race, ethnicity, religious affiliation

Quasi-suspect (demographic)

Non-Suspect (demographic)
age, wealth, sexual orienation

Court applies ___ standard review to non-suspect

Court applies ___ standard review to quasi-suspect

Court applies _____ standard review to suspect

Court asks(suspect), court assumes
is there a compelling state interest?

Court asks (non-suspect), court assumes
is there a rational basis?

non-suspect cases
Gregory v. Ashcroft: MO retiring state judges at 70 (govt wins)
Romer v. Evans: Denver rules no job discrimination on basis of sex orientation; CO state amends (govt loses)

suspect cases
Korematsu v. US (govt wins), Loving v. Virginia (govt loses)

quasi-suspect cases
Orr v. Orr (govt loses), Rostker v. Goldberg: discrimination on gender military drafts, SC rules important state purpose why women can’t serve (govt wins)

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