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el gov midterm

QuestionAnswer
Montesquieu to maintain law and order, political liberty, and the property of the individual
Locke to protect the right to life, the right to freedom, and the right to property
Hobbes to control the evil and brutish nature of mankind, and the only way to do this was to give all power to a king or queen
Machiavelli dictatorship
Bentham maximizing the greatest benefit for the greatest # of people
Rousseau all politics should be local gov. should exist on the basis of a democratic social contract people have direct say in the way their society is governed
regulate foreign and interstate commerce delegated
make treaties delegated
establish naturalization laws delegated
coin/make $ delegated
establish post offices delegated
issue copyrights and patents delegated
pay for the general welfare and common defense delegated
declare war delegated
provide and maintain armed services delegated
fix standards of weights and measures delegated
admit new states delegated
borrow $ on the credit of theUS delegated
necessary and proper elastic clause delegated
authority over DC delegated
provide for education reserved
establish local governments reserved
conduct elections reserved
issue licenses reserved
borrow $ on credit reserved
create and maintain the state/national guard reserved
make and enforce laws concurrent
maintain courts concurrent
collect taxws concurrent
borrow $ concurrent
call out he militia concurrent
levy taxes on exports denied
making laws sentence a person to jail w/out a fair public trial (Bills of Attainder) denied
ex post facto laws denied
grant titles of nobility denied
denying the writ of habeas corpus denied
Marybury v Madison judicial review
McCulloch v MD national supremacy
Gibbons v Ogden interstate commerce/national supremacy
Reynolds v US Freedom of Religion- polygamy not protected as a religious practice by 1st amendment
Schenck v US freedom of speech- clear and present danger test; limits on free speech, especially in war time
Gitlow v NY first incorporation case- freedom of speech
Mapp v Ohio 4th amendment- exclusionary rule; illegally obtained evidence cannot be used in court
Baker v Carr Equal representation- state leg districts must be as near equal aqs possible in population; reapportionment
Gideon v wainright 6th amendment- states must provide lawyers for those unable to afford them in criminal proceedings.. DUE PROCESS
wesberry v Sanders Equal representation- HoR leg districts must be as near in population as possible- opposite of incorporation, extende Baker v Carr to the national level
Miranda v Arizona 5th and 6th- warnings of counsel and silence must be given before questioning suspect
Tinker v Des Moines Freedom of speech- symbolic free speech protected in schools if it doesn't interrupt the educational process (black armbands)
Roe v Wade Right to Privacy- 9th- abortion laws
US v Nixon executive privilege not allowed in criminal cases
NJ v TLO 4th amendment (search and seizure)- school officials cansearch student property with reasonable suspicion
TX v Johnson Freedom of Expression- smbolic fee speech is allowed and is protected
McDonald v Chicago 2nd Amendment- states cant restrict you from buying a gun
Created by: AlanaR
Popular American Government sets

 

 



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