PSC Final Study Guide
PSC Final Study Guide PSC 2302
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This 7 page Study Guide was uploaded by Sydney Biekert on Thursday May 5, 2016. The Study Guide belongs to PSC 2302 at Baylor University taught by James Curry in Winter 2016. Since its upload, it has received 105 views. For similar materials see American Constitutional Development in Political Science at Baylor University.
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Date Created: 05/05/16
Study Guide for Dr. Curry's PSC 2302 Comprehensive Final 1. Who was considered the “Father of the Constitution?” James Madison 2. Who was the principal author of the Declaration of Independence? Thomas Jefferson 3. Who was the first Secretary of the Treasury and proponent of the U.S. Bank? Alexander Hamilton 4. Which English philosopher argued most strongly for natural rights of individuals? John Locke 5. What were the Federalist Papers, and who were the three authors? The Federalist Papers were 85 articles and essays promoting the ratification of the constitution. Authors: Alexander Hamilton, James Madison, John Jay 6. McCulloch v. Maryland? (1819) Maryland establishes tax on all bank notes; McCulloch refuses to pay tax Q: Is the US Bank properly in existence? power to create a bank falls under “necessary and proper” power (implied) Q: Does a state have the power to tax? Yes, everything except the national government. (First SC case to recognize implied powers authorized by the constitution) (Established state supremacy of national government over state government) 7. What was the Missouri Compromise? Maine enters as free state Missouri enters with choice of slavery Slavery prohibited above 36 degrees 30 ‘N line 8. What was the result of the Great (Connecticut) Compromise? bicameral legislature (house based on population, senate has equal representation) 3/5 compromise for representation in house, nonwhites counted as 3/5 of a person. 9. Who are the current members of the U.S. Supreme Court? Antonin Scalia; Stephen Breyers; Ruth Ginsburg; John Roberts (CJ); Elena Kagan; Sonia Sotomayor; Clarence Thomas; Anthony Kennedy; Samuel Alito 10. How does our textbook define constitutionalism? Hint: threepart definition. This is the principle that government should be limited in its scope and functions and accountable for its actions, based on the underlying idea that unlimited government power can become corrupt and tyrannical. Emphasizes limited government and the rule of the law, in addition to fundamental worth of each individual. 11. How are amendments added to the U.S. Constitution? How many do we have right now? There has to be a 2/3 proposal from both houses and ¾ ratification of states. We have 27 amendments right now. 12. Which case generally is recognized as starting the process of judicial review? Marbury v. Madison (1803) – Jefferson and Madison would not give Marbury his commission because they disagreed with him. 13. The system proposed by Madison to keep power from being concentrated in one place is? Checks and balances 14. The ruling in Schenck v. U.S. established what First Amendment test? The “clear and present danger” test (can’t you fire in a crowded theatre). Upheld the Espionage Act of 1917 against persons convicted for going against the draft 15. What was the significant result of Plessy v. Ferguson? (1896) “Separate but equal”; most states required segregation by law Background: half black man in white rail can lead to segregated rail cars 16. What was the significant result of Brown v. Board of Education? (1954) Desegregation declared “separate but equal” unconstitutional Background: Linda Brown had to walk really far to go to school when there was a white one near her house. 17. What are implied powers? Reserved powers? Where do we find these mentioned? Implied powers – authority to make laws that shall be necessary and proper for carrying into execution the foregoing powers (Art. I, Sec. 8) Reserved powers – powers not listed/delegated to the national government, are reserved for the states (10th Amendments) 18. What was the importance of Heart of Atlanta Motel v. U.S.? (1966) Q: Can congress in the Civil Rights Act of 1964 use its commerce power to end discrimination in the area of public accommodations? A: Hotels and motels exert an economic impact on commerce so, yes. Congress may remove any obstruction to the flow of the interstate commerce. 19. What was the importance of South Dakota v. Dole? (1987) Q: Is it permissible for the federal government to place conditions on states that accept federal funds? A: Yes, congressional power to spend money allows congress to set the rules. Congress suspended funding for public welfare until the state raised its drinking age from 19 to 21. 20. What is the twostep process required in the impeachment of a President? The house brings the impeachment. The senate does the trial which requires a ⅔ vote. 21. Which Supreme Court case first recognized the doctrine of implied powers? McCulloch v. Maryland 22. What did the Supreme Court say about Dred Scott’s citizenship claim? (1857) Dred Scott was not considered a citizen because citizenship was limited to those who were citizens when the Constitution took place did not include slave or Negro 23. The right of “consenting adults” to engage in sexual acts was upheld in what case? Lawrence v. Texas (2004) consenting adults regardless of sexual preference have a right to privacy 24. What is “selective incorporation?” How does it work? Selective incorporation is a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens. It is stated in the 14 amendment. It incorporates laws from the Constitution into the 14th Amendment and provides those rights at the state level. 25. What does the exclusionary rule do? The exclusionary rule is a legal principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the defendant’s constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law. Illegally obtained materials may not be used to obtain a conviction at trial 26. What are the specific requirements of the 4 Amendment concerning search warrants? No warrants will be issued without probable cause supported by oath or affirmation and with a detailed description of the location and of the people or things to be seized. 27. Who must bear the burden of proof in “rational scrutiny?” In “strict scrutiny?” Rational – burden on plaintiff Strict – burden on state (must show “compelling state interest”) 28. What constitutional protections were announced in Miranda v. Arizona? Right to remain silent Any statements made can and will be used against the person Right to the presence of an attorney Person my waive these rights voluntarily, knowingly, and intelligently (Protection from self incrimination) 29. When do the courts use “heightened scrutiny?” Sex based discrimination cases 30. What limits have the courts allowed to be placed on abortion rights? Roe v. Wade (1973) 28 weeks in the court Limits on: o Funding of abortions o Promoting abortion as family planning o Minor woman’s need for parental notification o Certain administrative requirements o Waiting periods (24 hours) Fetus rights depend on the trimester (unrestricted abortion in 1st, regulated in the 2nd, state can restrict/prohibit in the 3rd) 31. Who said that censorship of ideas is wrong because censored ideas may be true and the majority opinion may be in error? John Stuart Mill 32. Who said that restrictions on an open press were wrong because they were used by tyrants not deserving allegiance or respect? John Milton 33. What was the significant ruling in Roe v. Wade? The constitutionally protected “right of privacy” includes the woman’s decision to have an abortion (during 1st trimester) 34. Planned Parenthood v. Casey did not allow which restriction on abortion? States may not create undue burdens on a woman’s decision. Spousal notification is NOT ALLOWED. 35. What was the significant ruling in Gideon v. Wainwright? The right to counsel is fundamental in felony cases. It is required even for plea bargaining. 36. Compare “strict” and ‘rational” scrutiny. Strict o Burden of proof on state o State must prove “compelling state interest” to prevail o Plaintiff must only show purposeful discrimination o Applied to matters such as suspect classification (race, national origin, color) o Based on fundamental rights (travel, voting, privacy) Rational o Burden of proof on plaintiff o State must show a rational basis in the law or show that law is rational o Shows that laws cannot be perfectly equal 37. What did the Supreme Court rule in Zelman v. SimmonsHarris? Voucher program for schools that provide benefits to private and public schools allowed because it is neutral and allows choice among alternatives. 38. Which Supreme Court case upheld the right of students to protest a political issue? (1969) Tinker v. Des Moines School District 39. Which Supreme Court case upheld the right of a person to burn the American flag? Texas v. Johnson (1989) 40. What are the Miller v. California requirements for obscenity? local/community standard for judging obscenity Offensive conduct defined by state law Appeal to prurient interest in sex Lack “serious literary, artistic, political, or scientific value” 41. How can public officials collect damages for libel? They must prove actual malice. 42. Who wrote the Memorial and Remonstrance against Religious Assessments? James Madison wanted religious freedom 43. What is the “childbenefit” theory? A theory used to uphold things such as hot lunch and milk programs in parochial schools, tech grants, and voucher programs. It was the concept that state may extend welfare aid to students attending churchrelated schools in situations where general aid would be unconstitutional. 44. What is actual malice? Simple malice? Actual malice – deliberately false (made “knowingly, deliberately, maliciously” Simple malice – false but made in “good faith” 45. What was the importance of Engel v. Vitale? (1962) The state of new York could not write a nondenominational prayer to use because any “invocation of God’s blessing” is a religious activity. New York prayer failed the Purpose Test (purpose of prayer is religious) and the Effect Test (prayer promotes religion) 46. What is the “Lemon Test?” Any legislation concerning religion: Must result in “excessive government entanglement” with religious affairs Must not advance or inhibit religions practice (neutral effect) Must have secular legislative purpose 47. What do we mean by “Equal Access?” Any facility available to secular student groups must also be made available to religious groups. Widman v. Vincent (1981) 48. Can the Ten Commandments be displayed on public property? Van Orden v. Perry; McCreary County v. ACLU Van Order v. Perry (2005) – Ten Commandments allowed at capitol because it is not a religious statement or invitation to worship. McCreary County v. ACLU (2005) – ten commandments not allowed in court because it is a promotion of religion. 49. What are the three theories of the Establishment Clause noted in the textbook? Strict separation theory – no aid of any kind “wall of separation” (Thomas Jefferson) Government neutrality – government must neither help nor hinder religion Government accommodation – some accommodation is necessary (can accommodate as long as it doesn’t promote) 50. What was the Virginia Plan? Great Compromise? The Virginia Plan established a bicameral legislature (both houses based on population), an executive branch, and a judicial branch. It was written by James Madison Great Compromise: States would be represented equally in the Senate (2/ state) and proportionately in the House of Representatives. 51. What are enumerated powers? What are implied powers? Reserved powers? Enumerated – listed powers in the constitution Implied – granted to congress through the “necessary and proper clause”, powers needed to make laws work Reserved – powers that are not enumerated, lie with states (10th Amendment) 52. What was the “Revolution of 1937”? This was Roosevelt’s attempt at reorganizing the Supreme Court in the New Deal. “Court packing” where FDR was going to add one extra judge (up to 15) for every judge over the age of 70. 53. What is “heightened scrutiny?” When is it used? Heightened scrutiny is used in gender related cases. Sex based classification must serve important governmental objectives. 54. What is a writ of certiorari? An order for lower courts to deliver their records in a case so that a higher court may review it. 55. What is executive privilege? What did Nixon v. U.S. say about it? Executive privilege is the power to withhold information in public interest. U.S. v. Nixon (1974) said that the president cannot claim executive privilege if it isn’t balanced against a legitimate need for the info in judicial proceedings. (Nixon still had to hand over tapes) 56. Miranda v. Arizona. (1966) Ernesto Miranda questioned until forced to confess. Ruling that a person must be warned before questioned that: They have the right to remain silent, anything spoken can be used against you, right to the presence of an attorney, right to waive these rights. Even if the confession is “voluntary”, it can’t be used if they were not read Miranda rights. 57. How do we amend the U.S. Constitution? Proposal (by Congress) and ratification (by ⅔ states vote) Proposed by Congress with majority vote in both House and Senate, and then ratified by ⅔ state governments 58. What are the different types of opinions written by Supreme Court justices? Per curiam – unanimous decision Majority – the most popular decision Concurring – agrees with majority but states different reasons for decision Dissenting – opposing decision 59. What is federalism? The constitutional division of powers between two different levels of government. Method of organizing government in which a constitution divides power between levels of government, usually state and national government 60. What was the “New Deal?” The New Deal was proposed by Franklin D. Roosevelt. It was a massive increase in federal programs (social security, FDIC). Created jobs during the Great Depression 61. What were John C. Calhoun’s key ideas? Nullification – states possessed full sovereignty before the constitution and never lost it Each state has the power to strike down a national law within its borders South Carolina attempted to nullify the protective tariff. Nullification was struck down by Andrew Jackson when he sent military troops to SC 62. What was the ruling in Kelo v. New London? Eminent domain The economic development plan to revitalize New London was a legitimate decision. The city was granted access to private property for development (because it would benefit the public) 63. What is eminent domain? The taking of private property for public use (must provide just compensation 5th Amendment) 64. What was the Sherman AntiTrust Act? (1890) Made any monopoly illegal that was in restraint of trade in interstate commerce Made it illegal to establish trusts that interfered with free trade 65. Who was Frederick Douglass and what did he talk about? AfricanAmerican born into slavery who later became a human rights leader in the abolition movement and a social reformer. He talked about antislavery, women’s rights, and equality. 66. What are the Constitutional requirements for search warrants? Probable cause supported by oath or affirmation Description of the place to be searched, or the person or things to be seized 67. What is the doctrine of selective incorporation? Which Amendment and Clause are used to make selective incorporation work? Selective incorporation is a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights. th Equal Protection Clause of the 14 Amendment. 68. Major Contribution from court cases: McCulloch v. Maryland states can’t tax the federal government (national supremacy) Marbury v. Madison created judicial review (did not give Marbury commission) Gibbons v. Ogden congress may regulate interstate trade Dred Scott v. Sandford black, former slaves are not citizens; Missouri Compromise is unconst. Brown v. Board of Education overruled “separate but equal” Plessy v. Ferguson established “separate but equal” Regents v. Bakke racial quotas are illegal (California school) US v. O’Brien burning draft card is illegal (significant govt interest outweighs 1st amend right) Texas v. Johnson flag burning is symbolic speech and is therefore protected NYT v. Sullivan public officials must show actual malice to collect reparations Miller v. California established the “Obscenity Test” Tinker v. Des Moines upheld students’ rights to wear armband under 1st amendment Lawrence v. Texas “right to privacy” for consenting adults South Dakota v. Dole influencing state activity through taxes is constitutional U.S. Darby Lumber Co upheld minimum wage/ maximum hours Engel v. Vitale unconstitutional to require prayers to be recited in public schools Roe v. Wade abortion laws and restrictions (rights of the woman/fetus) Gideon v. Wainwright right to counsel in cases involving incarceration or plea bargain Van Orden v. Perry allowed the 10 Commandments on govt property bc of historical meaning Pottawotamie School District v. Earls upheld mandatory drug test of students in extracurriculars Zelman v. Simmons Harris approved vouchers for school lunches in private schools 70. What is the Roth Standard? Obscene if: Dominant theme of the material taken as a whole appears to a prurient interest in sex Must appear obscene to the “average person” Material is patently offensive because it affronts contemporary community standards Material is utterly without redeeming social value “It may be argued that Congress could have pursued other methods to eliminate the obstructions it found in interstate commerce caused by racial discrimination. But this is a matter of policy that rests entirely with the Congress, not with the courts. How obstructions in commerce may be removed—what means are to be employed— is within the . . . discretion of the Congress.” (1964) Heart of Atlanta Motel v. United States “But the great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others. . . Ambition must be made to counteract ambition” (1788) James Madison, Federalist 51 “Today . . . there can be no doubt that the Fifth Amendment privilege (selfincrimination) is available outside of criminal court proceedings, and serves to protect persons in all settings in which their freedom of action is curtailed in any significant way . . .” (1966) Miranda v. Arizona "The right . . . to counsel may not be deemed fundamental and essential to fair trials in some countries, but it is in ours." Gideon v. Wainwright
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