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Poli Sci Test 2
| Question | Answer |
|---|---|
| Is the President given a broad or limited grant of power? | Broad |
| How is the President’s grant of power different from the Legislature’s grant of power? | Congress' powers are the "powers herein granted"; the President shall have the executive power. His powers are less restricted than the Legislative. |
| What foreign policy powers does the President have? | general grants of power, more broad claim of powers, can make treaties, commander in chief of the armies. |
| What are some of the foreign policy powers given to Congress under the Constitution? | power to declare war, grant levels of mark and reprisal, punish piracies, raise and support an army, power to provide for the defense of the nation |
| Describe Article II. | discusses the executive branch. section one president & vice president, section two presidential powers, section three presidential responsibilities, section four impeachment |
| What are the basic liberties guaranteed in Amendments I | freedom of speech, press, assembly, and religion |
| What qualities do we want in a President? | energetic, independence, and responsibility |
| How is the office of the President structured so that he will possess those qualities? | unity, duration, broad powers, veto, popular election, re-eligibility, and capable of being impeached |
| According to Hamilton, is an energetic President inconsistent with republican government? | Energetic president is consistent with popular government |
| Why does Hamilton believe this about energetic Presidency? | He's the sole organ of intercourse, in charge of making a treaty & interpret it, in charge of executing the law, commander in chief, broad interpretation of executive power |
| According to the majority opinion, are the powers of government different in domestic and foreign affairs? | Yes they are different |
| Which branch of the government is almost exclusively responsible for carrying out the nation’s foreign policy? | executive branch |
| According to the majority in Youngstown Sheet & Tube v. Sawyer, from what sources does the President receive his power? | An act of congress or the constitution itself |
| Does either source justify his actions in Youngstown Sheet & Tube v. Sawyer? | No |
| Does either the “take care” or the “commander in chief” clause justify Truman's actions in Youngstown Sheet & Tube? | No |
| Does the Court’s decision in this case expand or limit Presidential power as defined in U.S. v. Curtiss-Wright? | limits |
| What are Jackson’s three categories of Presidential power that he lays out in his concurring opinion? | 1.) Congress passes a law & the president executes it. 2.) Congress has acted so the president steps in & takes action. 3.) President acts against the expressed will of Congress. |
| Under which of Jackson's 3 categories does President Truman’s action fall in the case of Youngstown Sheet & Tube? | The third category. He acted against the expressed will of Congress |
| Define due process | the government needs to follow certain procedures before they take away anyone's rights. |
| Define habeas corpus. | requires that a person under arrest be brought before a judge or into court. |
| According to the majority opinion, does the President have the power to indefinitely detain a U.S. citizen he believes to be an enemy combatant? | No,he does not |
| What are some of the main reasons Justice Thomas dissents from the majority opinion. | act falls into the nat'l gov's war power, pres. has primary foreign affairs power, courts shouldn't 2nd guess the exec., national security must be an important concern, emergencies can't be anticipated, & gov must have broad powers to deal w/ emergencies |
| What are some of the reasons Hamilton in Federalist 84 argues that a Bill of Rights is unnecessary and perhaps even dangerous? | It is proper to a monarchical government and not proper to popular government. It contains exceptions to powers not granted and it implies that more power is granted than is actually the case. |
| What are some of the reasons Jefferson gives for the necessity of a Bill or Rights? | the government has implied as well as expressed powers, rights shouldn't rest on inference, no government should refuse to clearly state the people's rights, people are entitled to know, rights could be infringed if deemed necessary and proper. |
| According to Marshall’s majority opinion in Barron v. Baltimore, does the Bill of Rights apply only to the national government, or to both the national and state governments? | Just the national government |
| What is incorporation? | The bill of rights applies to both the states and the national government |
| What clause of the 14th Amendment leads to incorporation? | The Due Process Clause |
| In Cruikshank, does the Court determine that Congress can enforce the 14th Amendment against the states and private individuals and groups, or only against the states and state action? | Just states and state's actions, not private individuals & groups |
| Who originally called for a “wall of separation” between church and state? | Jefferson |
| In Everson, does the majority believe that the wall of separation has been violated? What are some of the main reasons why or why not? | No. the state is providing for the public schools and the private school therefore not showing favoritism. plus, traffic guards do the same thing and they are paid with taxes |
| What are the three prongs of the “Lemon Test? | 1.) The law must have a secular legislative purpose. 2.) It's primary effect must not advance nor inhibit religion 3.) It must not foster an excessive entanglement between government and religion |
| According to the majority opinion, does South Carolina’s unemployment law infringe on Sherbert’s free exercise rights? | Yes, it did. |
| Does the South Carolina have a compelling interest for infringing on Sherbert's free exercise rights? | No, they do not. |
| Does the majority opinion believe it must follow Sherbert as precedent in Oregon v. Smith? | No |
| If not, what distinguishes this case from Sherbert? | what she was doing didn't violate an already stated State law. These men used illegal substances. |
| Why is the Sherbert test a dangerous principle? | compelling interest permits man to become a law unto themselves; |
| Can a person’s religious beliefs exempt him from an otherwise valid, generally applicable criminal law? | No |
| Does O’Connor’s concurring opinion agree with the reasoning of Scalia’s majority opinion? Why or why not? | No. She said you must balance principles on a case by case basis rather than arrive at a categorical rule; not good enough to leave matters to legislature; free exercise extends to acts |
| Does she agree with the result of the majority opinion? | yes, because Oregon had compelling state interest |
| According to the majority opinion, is Schenck’s speech in Schenck v. US protected by the 1st Amendment? Why or why not? | No. Because rights are strictly restricted during wartime |
| What important test does this case introduce? | clear & present danger |
| Does the Court rule in favor of the New York Times or President Nixon? | New York Times |
| How does Justice Black interpret the 1st Amendment (i.e. broadly or narrowly; is it an absolute liberty or must it be balanced with other principles?) | narrowly & absolute liberty |
| How does Blackmun interpret the 1st Amendment? | only one part of the constitution; if he agreed with unlimited absolutism of the 1st amendment it would degrade the rest of the constitution |
| Which part of the Constitution should be balanced against it in NY Times v. US? | developed standards, of the broad right of the press to print and of the very narrow right of the Government to prevent. |
| Does the majority of the Court consider burning the American flag to be “speech”? | yes, symbolic speech |
| If so, is this kind of speech protected under the 1st Amendment? | yes, it is |
| Do states have legitimate interests in preventing symbolic speech? | no |
| What interests does the state of Texas claim? | Their interest in preventing breaches of the peace justifies his conviction for flag desecration |
| Does Rehnquist’s dissenting opinion consider Johnson’s activity to be constitutionally protected speech? Why or why not? | |
| According to the majority, is wire-tapping forbidden by the 4th Amendment? Why or why not? | no. they did not physically search and / or seize his property. |
| What is the exclusionary rule? | evidence obtained by the government in violation of a defendant's constitutional rights can't be used against him or her. |
| Why does the Court believe it is necessary to apply the exclusionary rule to the states as well as the national government? | if the State admits evidence unlawfully seized, serves to encourage disobedience to the Constitution which it is bound to uphold |
| What part of the Constitution is under consideration in Miranda v. Arizona? | 5th amendment |
| What are the Miranda Rights? | right to be silent,right to see a lawyer before speaking to police & have a lawyer there during questioning, If you can't afford an attorney,you will be given one before questioning, If you answer questions w/o a lawyer, you have the right to stop answers |
| Why are Miranda Rights necessary? | protect against self-incrimination, false statements based on intimidation, protect against violation of 5th amendment right |
| Know the basic liberties guaranteed in amendment IV | protection from search and seizure |
| Know the basic liberties guaranteed in amendment V | No person shall be a witness of himself, nor be deprived of life, liberty, or property without due process, and no private property shall be taken without just compensation |
| Know the basic liberties guaranteed in amendment IX | enumeration in the constitution of certain rights shall not be construed to deny or disparage others retained by the people |
| Know the basic liberties guaranteed in amendment X | powers not delegated by US by the constitution nor prohibited by it to the states are reserved to the states or the people respectively |
| Why does Brandeis’ dissenting opinion disagree with the majority in Olmstead v. U.S.? | There's no difference between a sealed letter & a private telephone call. Still an invasion of privacy for multiple people |
| Name of the test used in Brandenburg v. Ohio to determine whether speech can be punished. | clear & present danger |
| How did the majority of the Court rule in Brandenburg v. Ohio | KKK was protected from punishment because their speech didn't incite imminent lawless action |
| What is the main issue in Brandenburg v. Ohio? | whether Ohio's criminal syndicalism law, which prohibited public speech advocating various illegal activities, violated Brandenburg's right to free speech under the First and Fourteenth Amendments |
| What is the background of Brandenburg v. Ohio | KKK invited reporter to meeting; it was televised; speech advocated violence; later convicted under an Ohio criminal syndicalism law |
Created by:
laurenash
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