PSC 2302 Test 2 Study Guide
PSC 2302 Test 2 Study Guide PSC 2302
Popular in American Constitutional Development
verified elite notetaker
Popular in Political Science
verified elite notetaker
This 9 page Study Guide was uploaded by Sydney Biekert on Monday March 14, 2016. The Study Guide belongs to PSC 2302 at Baylor University taught by James Curry in Winter 2016. Since its upload, it has received 235 views. For similar materials see American Constitutional Development in Political Science at Baylor University.
Reviews for PSC 2302 Test 2 Study Guide
Report this Material
What is Karma?
Karma is the currency of StudySoup.
You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!
Date Created: 03/14/16
1 2 What is federalism What is horizontal federalism Federalism constitutional division of powers between two different levels of government national and subnational states provinces Horizontal federalism obligations of each state to the others full faith and credit clause What was the New Deal Policies put in place by FDR that were meant to help the country our of the Great Depression ie social security agricultue adjustment act fair labor standards act Know something about each person introducing each chapter of the text John C Calhoun politician from SC states rights introduced nullification FDR 32nd president introduced New Deal expanded federal govt Ronald Reagan 40th president wanted more power for states Frederick Douglass speaker and writer who was born as a slave and worked for abolition of slavery and for women s rights 0 Elizabeth Cady Stanton primary leader of the women s suffrage movement helped organize Seneca Falls Convention Thurgood Marshall first African American judge on Supreme Court advocate for civil rights and expanded fundamental rights of citizens Case of DC v Heller ruling says what about the 2nd Amendment o It allowed both state militias and private citizens to own guns What was the court s ruling in the Heart of Atlanta Motel case 0 The court ruled that racial discrimination in hotels disrupts interstate commerce and Congress has the right to create laws to stop it 0 Made discrimination in hotels illegal What were John C Calhoun s key ideas Nullification the idea that states can make a law invalid Concurrent majority decisions can only be made if the majority of states agree with the decision Read the last paragraph of the majority opinion in South Dakota v Dole Congress is allowed to give mild economic incentice to encourage states to make laws because Congress does not overstep its boundaries by offering encouragement States can still choose whether or not to make that law Amendments 0 10th all powers not given to the federal government are reserved for the states 0 13th abolished slavery 14th citizenship granted to all persons born or naturalized in the US 0 15th citizens cannot be denied the right to vote bc of race color or previous servitude 19th gave women the right to vote 0 24th eliminated poll tax as a prerequisite to vote in national elections 0 26th changed voting age from 21 to 18 9 10 11 0 27th any pay raise the House approves will take effect in the next congressional election What was the Missouri Compromise What happened Prohibited slavery in the northern part of the Louisiana north of the 36 30 parallel Essentially created a balance of power between slave and free states 0 Law was declared unconstitutional in the case of Dred Scott v Sandford What was the ruling in Kelo v New London Governments can take the property of private citizens to give to commercial developments if it helps the local economy What is the Defense of Marriage Act What is its status now US v Windsor 12 use 13 14 Federal act that allowed states to refuse recognizing samesex marriages granted under the law of other states Was ruled unconstitutional in 2013 because of US v Windsor Struck down Defense of Marriage Act DOMA DOMA said for purposes of federal law marriage had to be between man and woman Facts Edith Windsor and Thea Spyer lived together as couple for over 40 years bought a house and apartment married in Toronto in 2007 Dr Speyer died leaving everything to Windsor Federal law did not provide a marital deduction as it would for a married couple State of New York recognized the marriage as legal The estate owed 363053 in federal estate tax Conclusion DOMA was struck down for being hostile against samesex marriages The 14th amendment supports right of privacyincluding marriage What is the term for government s power to take private property for public Eminent Domain The power of the government to take private property and convert it into public use The Fifth Amendment provides that the government may only exercise this power if they provide just compensation to the property owners What was the purpose of the Voting Rights Act What did it do Voting Rights Act of 1965 applied to all states where fewer than 50 of eligible voters were registered to vote or where fewer than 50 had voted in recent presidential election All southern states fell under Act so they had to allow blacks to vote Result was that there was a major increase in black voting Led to new issues such as drawing district lines voter ID laws and early voting laws What was the purpose of the Sherman AntiTrust Act Act made illegal any monopoly that was in restraint of trade in interstate commerce US V EC Knight company made Sherman Act limited by ruling that manufacturing is NOT commerce Led into further discussion of what commerce wasCommerce Power 15 VIDEO Know the study guide for the video here is my study guide Jim Crow laws Legalized segergation laws Separate school districts not allowed to vote separate bathrooms ect Name from act where white men painted themselves as black Plessy v Ferguson is a US Supreme Court case from 1896 that upheld the rights of states to pass laws allowing or even requiring racial segregation in public and private institutions such as schools public transportation restrooms and restaurants Brown v Board of Education Brown v Board oon ucaton of 7bpeka 347 US 483 1954 was a landmark United States Supreme Court case in which the Court declared state laws establishing separate public schools for black and white students to be unconstitutional The decision overturned the Plessy v Ferguson decision of 1896 which allowed statesponsored segregation insofar as it applied to public education Little Rock Central High School Little Rock Central High School is recognized for the role it played in the desegregation of public schools in the United States The nine AfricanAmerican students39 persistence in attending the formerly all white Central High School was the most prominent national example of the implementation of the May 17 1954 Supreme Court decision Brown v Board of Education James Meredith at University of Mississippi James Howard Meredith born June 25 1933 is an American Civil Rights Movement gure writer political adviser and Air Force veteran In 1962 he became the rst AfricanAmerican student admitted to the segregatedUniversitv of MiSSiSSiDDim after the intervention of the federal government an event that was a ashpoint in theAfrican American Civil Rights Movement Inspired by President lohn F Kennedy39s inaugural address Meredith decided to exercise his constitutional rights and apply to the University of Mississippisa His goal was to put pressure on theKennedy administration to enforce civil rights for African Americans21 Two kids where killed Rosa Parks Rosa Louise McCauley Parks February 4 1913 October 24 2005 was an African American civil riqhtsactivist whom the United States Congress called quotthe rst lady of civil rightsquot and quotthe mother of the freedom movementquotu1 Her birthday February 4 and the day she was arrested December 1 have both become Rosa Parks Day commemorated in California and Missouri February 4 and Ohio and Oregon December 1 Dr Martin Luther King 1968 was assassinated Malcolm X Malcolm X born Malcolm Little and also known as elHajj Malik el Shabazz was an American Muslim minister and a human rights activist Assassinated in 1965 Black Panther Party The Black Panther Party or BPP originally the Black Panther Party for SelfDefense was a revolutionary black nationalist and socialist organization active in the United States from 1966 until 1982 with its only international chapter operating in Algeria from 1969 until 1972 Bloody Sunday March on Selma Between 1961 and 1964 the Student Nonviolent Coordinating Committee SNCC had led a voting registration campaign in Selma the seat of Dallas County Alabama a small town with a record of consistent resistance to black voting When SNCC s efforts were frustrated by stiff resistance from the county law enforcement of cials Martin Luther King Jr and the Southern Christian Leadership Conference SCLC were persuaded by local activists to make Selma s intransigence to black voting a national concern SCLC also hoped to use the momentum of the 1964 Civil Rights Act to win federal protection for a voting rights statute See more at httpwwwbackpastorgaahbIoodysundayselmaalabamamarch 71965sthashiD1iONtdpuf On March 21 the nal successful march began with federal protection and on August 6 1965 the federal Voting Rights Act was passed completing the process that King had hoped for Yet Bloody Sunday was about more than winning a federal act it highlighted the political pressures King was negotiating at the time between movement radicalism and federal calls for restraint as well as the tensions between SCLC and SNCC See more at httpwwwbackpastorgaahbIoodysundayselmaalabamamarch 71965sthashiD1iONtdpuf Civil Rights Act of 1964 The Civil Rights Act of 1964 PubL 88 352 78 Stat 241 enacted July 2 1964 is a landmark piece ofcivi rights legislation in the United States 1 that outlawed discrimination based on race color religion sex or national originm1t ended unequal application of voter registration requirements and racial segregation in schools at the workplace and by facilities that served the general public known as quotpublic accommodations Voting Rights Act of 1965 The Voting Rights Act signed into law by President Lyndon Johnson 190873 on August 6 1965 aimed to overcome ega barriers at the state and local levels that prevented African Americans from exercising their right to vote under the 15th Amendment 1870 to the Constitution of the United States Cesar Chavez A Mexican American Chavez became the best knownLatino American civil rights activist and was strongly promoted by the American labor movement which was eager to enroll Hispanic members His publicrelations approach to unionism and aggressive but nonviolent tactics made the farm workers39 struggle a moral cause with nationwide support By the late 1970s his tactics had forced growers to recognize the UFW as the bargaining agent for 50000 eld workers in California and Florida However by the mid19805 membership in the UFW had dwindled to around 1500021 13 Amendment prohibits slavery 14 Amen citizenship due process of law equal protection quotAll persons born in the US are citizenquot quotNO state can discriminatequot but doesn39t say people can39t discriminate 15 Amen the right to vote shall not be abridged on the basis of race 16 What is the full faith and credit clause States that the duties that states within the United States have to respect the public acts records and judicial proceedings of every other state 17 How did Swann v CharlotteMecklenberg County influence school desegregation Background Charlotte NC and surrounding Mecklenberg County have one school district it is segregated Parents sue How can fed order a school to desegregate School attendance zones exchanging teachers and transportation busing 18 What did McCuIIoch v Maryland say about a state taxing the national government Maryland establishes tax on all bank notes within states including bank notes by National Bank and teller McCulloch refuses to pay tax At time Maryland and other states trying to get rid of US bank bc they believed it was unconstitutional Congresses posses no enumerated power concerning bank John Marshalls answer based on Broad Construction of the Constitution and National Supremacy He said power to create a bank has to stem from necessary and proper power so doesn t have to be enumerated US bank was legal and Constitutional so power to tax but state cannot tax national gov bc of national supremacy In conclusion Marylands tax was unconstitutional 19 Who was Frederick Douglass and what did he talk about Former slave that wrote and preached about emancipation and equality First African American to have a high US government rank 20 How did South Dakota v Dole relate to the spending power Spending Power police power involves the power to SPEND Can congress us its spending power to bring about reforms that it choose to make Case Is it permissible for fed gov to place conditions on states that accept federal funds Must South Dakota raise legal age for consuming alcohol form 19 to 21 if it wants all its highway funds YES Congressional power to spend money allows Congress to set rules 21 What were the positions of Federalists and AntiFederalists on a Bill of Rights Federalists national supremacy broad construction AnitFederalists state rights strict construction 22 What effect did the following cases have on segregation or discrimination Plessy v Ferguson established the separate but equal clause upheld segregation Brown v Board overruled the separate but equal clause desegregate with all deliberated speed Swarm v Charlotte Federal courts can use school attendance zones transportation bussing students and exchanging teachers to order school districts to desegregate 23 What case upheld minimum wages and maximum hours in interstate commerce US v Darby 24 How did John Marshall define commerce In which case Gibbons v Ogden Marshall ruled that Congress has the exclusive power over commerce He defined commerce as quotthe commercial intercourse for the purpose of tradequot This includes not only the items that are being transported but the means of transportation as well 25 Importance of Griswold v Connecticut Dealt with the fundamental right of privacy and included personal decisions such as contraception legacy for abortion legislature 26 What did the following cases say about commerce Gibbons v Ogden The constitution gives control of interstate commerce to the US congress not the individual states through which a route passes Heart of Atlanta Motel v US legislature can regulate areas of commerce so long as they concern more than one state and have a real and substantial relation to the national interest congress can remove any obstruction to the flow of interstate commerce US v Lopez possession of a handgun is not part of interstate commerce bc it is a noneconomic activity struck down Federal Safe streets act US v Darby doesn t matter how you define production it matters if it exerts an economic impact on commerce Gonzalez v Raich established federal commerce power over state laws federal govt can control marijuana production 27 Why did the Court say Dred Scott was not a citizen of the United States Citizenship was limited to those who were citizens when the constitution too effect Slaves and negroes were not citizens 28 What was the Civil Rights Act of 1964 banned discrimination in public accommodations prohibited discrimination in any federally assisted program outlawed discrimination in most employment enlarged federal powers to protect voting rights and to speed school desegregation this and the voting rights act helped to give AfricanAmericans equality on paper and more federallyprotected power so that social equality was a more realistic goal 29 Define preemption How did it relate to Arizona v US preemption act of Congress that removes state power of regulation over a particular policy area federal preemption when a state s attempts to regulate something are prevented by a federal law Arizona v US 2012 3 laws passed in Arizona were preempted struck down by a federal immigration law state officials can t introduce a law into an area given to the federal government 30 What is the doctrine of selective incorporation When the Supreme Court finds a right to be fundamental it will consider it to be a liberty as described in the 14th amendment s due process of law clause and states would have to abide by the Bill of Rights in those cases 31 What is heightened scrutiny When is it used sexbased discrimination cases which requires the government to show that the sexbased differential treatment is substantially related to an important public interest for which the government is responsible above rational scrutiny below strict scrutiny 32 What was the ruling in Lawrence v Texas 0 House police officers entered an apartment responding to a reported weapons disturbance to find Lawrence engaging in sexual intercourse with another man Texas Penal Code made it a misdemeanor to engage in quotdeviate sexual intercoursequot with an individual of the same sex Fined 200 each Texas Court of Criminal appeals found no constitutional violations but US Supreme Court struck down overruled Bowers v Hardwick and elevated the right of consensual sexual privacy to its highest level Texas had no state interest to say 2 people of the same sex cannot engage in intercourse 33 What did the Supreme Court rule about maleonly admissions in us v Virginia VMI must have an exeedingly persuasive justification to restrict admission to only men 0 Keeping women out of a publicly funded school denies equal opportunity based on individual merit 34 What happened to Michigan Law School s affirmative action in Grutter v Bollinger Affirmative action was upheld because it was not based on quota 35 What did Roe v Wade decide about the rights of the woman The rights of a fetus Women s rights abortion is allowed in the first trimester and regulated in the second trimester Fetus rights during the third trimester the fetus has the right to life and abortion may be restricted by the state for mother s safety fetal life etc 36 How does the Americans with Disabilities Act define disability 0 a physicalmental impairment that substantially limits one of more major life activities 0 a record of such impairment 0 being quotregardedquot as having an impairment 37 What is sexual harassment Unwelcome sexual advances requests or sexual favors and other verbal or physical conduct of a sexual nature that may create a hostile or offensive work environment 38 Why did John Barron lose his case in Barron v Baltimore 0 The Bill of Rights did not apply to the state government at the time 39 How did Regents v Bakke treat the use of racial quotas Allowed affirmative action but banned the use of quotas 40 Read last 3 paragraphs of Justice Kennedy s majority opinion in Lawrence v Texas 0 Because Lawrence v Texas did not involve minors people who were impaireed or anyone who was otherwise unable to give consent homosexuality was allowed Secual conduct between consenting adults is not a crime 41 What did the Supreme Court majority say in PICS v Seattle School District about race 0 The Seattle school district was using racial quotas to assign students to schools Unconstitutional 42 What does strict scrutiny require What about rational scrutiny Strict scrutiny requires that a law serves a compelling state interest and is not narrowly tailored to acheive that goal Rational scrutiny burden of proof on the plaintiff State must only prove a rational basis in the law or show that the law is rational and makes sense 43 What did the Court decide in San Antonio v Rodriguez Wealth is not a suspect classification 0 Education is not a fundamental right 44 What was the Seneca Falls Declaration of Sentiments and Resolutions 0 Documents signed at the first women s rights convention written by Elizabeth Cady Stanton 0 Declaration that women deserve equal rights 45 Read the last two paragraphs in Part I V of the majority opinion in Gonzales v Raich Marijuana in this case was not soldused solely for local use and it therefore fell under interstate commerce ie Congress can restrict it 46 What limitations on abortion were upheld by the Supreme Court in Planned Parenthood v Casey Locations of abortions in hospitals 24 hour waiting period mandatory counseling parental notification for minor spousal notificationhowever this would eventually be struck down because of undue burden 47 Other materials in the textbook in chapters 7 12 may be included Review 48 What did National Federation of Independent Business v Sebelius say about Congress s power to regulate commerce To spend money To tax 0 An individual mandate requiring health insurance is not a commerce power because congress cannot regulate economic activity Decided in favor of Obamacare while government cannot regulate economic activity the fee associated with Obamacare was a tax and taxes meant to influence behavior are allowed QUOTES We conclude that in the field of public education the doctrine of separate but equal has no place Separate educational facilities are inherently unequal Brown v Board of Education If the States may tax one instrument employed by the Government in the execution of its powers they may tax any and every other instrument They may tax the mail they may tax the mint they may tax patent rights they may tax the papers of the custom house McCulloch v Maryland If the State is interested in protecting fetal life after viability it may go so far as to proscribe abortion during that period except when it is necessary to preserve the life or health of the mother Roe v Wade any person haled into court who is too poor to hire a lawyer cannot be assured a fair trial unless counsel is provided for him Gideon v Wainwright The petitioners are entitled to respect for their private lives The State cannot demean their existence or control their destiny by making their private sexual conduct a crime Lawrence v Texas Women seeking and fit for a VMlquality education cannot be offered anything less under the Commonwealth s obligation to afford them genuinely equal protection US v Virginia Fellow citizens the existence of slavery in this country brands your republicanism as a sham your humanity as a base pretense and your Christianity as a lie Frederick Douglass
Are you sure you want to buy this material for
You're already Subscribed!
Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'