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el gov midterm
| Question | Answer |
|---|---|
| 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 |