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FSOT - Laws and Acts
| Question | Answer |
|---|---|
| Necessary and Proper Clause (aka: “elastic clause”) | Congress can make laws as long as tangibly related to its duties |
| supremacy clause | federal government supersedes state government |
| tariff of abominations | import tax made by President Jackson in 1828, led to nullification doctrine |
| nullification doctrine | because 10th amendment says states have rights that the constitution is silent about, and the constitution is silent about nullifying a law (not following,) so to, states have the right to nullify laws. (Unconstitutional) |
| grandfather clause, white primaries, poll taxes, literacy tests | reactions to 15th amendment; grandfather clause= if grandfather could vote prior to 1865, you can; if he couldn’t you couldn’t. |
| Civil Rights Act of 1866 | military enforcement of 13th, 14th and 15th amendments |
| Civil Rights Act of 1872 | it is a crime to interfere with another persons’ constitutional rights |
| "Senate Rule #22" | a) 16 + people sign petition for cloture b) 3/5 Senate vote for cloture |
| cloture | defeat filibuster of bill; every senator gets a maximum of an hour to speak and then vote on bill |
| reapportionment | seats in House get reorganized after census |
| redistricting | after census, have to make equal districts. Prior to 1964: equal districts not dependent on equal population; post 1964: dependent fully on equal population |
| gerrymandering | manipulating redistricting for political advantage |
| speech and debate clause | a member of Congress can’t be charged with slander/libel if statement was said under official duties |
| how a bill becomes a law | House: 1) introduce bill-submit to Speaker 2) committee stage- speaker gives to correct standing committees (amendments must be germane–related to subject matter), discharge petition (if refuse to release bill after 30 days, 218 can insist bill goes to pa |
| executive budget | 18 months before fiscal year; spring review: agency review budget and then send request to OMB. fall review: OMB reviews request and meets with agency head for final decision + send to Pres. (who must approve by Jan and send to Congress.) Congress must au |
| first budget resolution | sets overall revenue + target for upcoming year |
| second budget resolution | binding limits on taxes for upcoming year |
| continuing resolutions | when Congress fails to make resolutions, agencies stick to last year’s budget |
| unit rule | majority of electors’ vote = state vote (Exception: Nebraska and Maine) |
| Pendleton Act of 1883 | a) president can only fire civil servants on merit based system b) made Civil Service Commission, which administers exams for government jobs for civil servants |
| War Powers Resolution Act | 1973; a) President has to notify Congress within 48 hours of sending troops b) if Congress doesn’t object to troops within 60 days, war; otherwise, troops would have come back before 60 days |
| Line Item veto | President can veto sections of bill and then sign bill; this was deemed unconstitutional by Clinton v. The City of New York because both chambers of Congress have to approve of changes |
| "bill #4890" | President can veto sections of bill if he sends it back to both chambers of Congress |
| emergency lawmaking powers | President is granted ELPs as long as a) Congress approves and b) it is foreign affairs |
| executive orders | President's legislative powers as long as a) enforce US constitution, b) enforce federal law, c) enforce treaty d) establish/change procedure of exec. agencies. Exec. orders must be recorded in the Federal Register |
| impeachment | 50.1% House, guilt= 2/3 Senate and 3/4 state legislatures |
| creating/abolishing cabinet dept | president requests, Congress approves/denies |
| creates IEAs? | president |
| locates IEAs? | Congress |
| deregulation | take away some regulations because stifles agency and therefore ruins efficiency |
| reregulation | increase/change in regulation |
| Hatch Act of 1939 (aka: Political Activities Act of 1939) | civil servants cannot work on political campaigns. Originally, unconstitutional because violates freedom of association; however, court then reversed decision because a) need gov't to be non-partisan and b) civil servants waive this freedom and can find a |
| Office of Personnel and Management and Merit Systems Protection Board | both replaced the Civil Service Commission; OPM= recruit, interview, administer exams on potential civil servants. MSPB=look at employee complaints |
| Government in Sunshine Act | publicize government action-exception: personnel problems and courtroom proceedings. Plus, doesn't work for everything like CIA |
| Sunset Laws | make temporary committees. exception defeat purpose |
| 1978 Civil Service Reform Act | whistleblowers don't get punished for whistleblowing |
| 1986 False Claims Act | whistleblowers get compensation for whistleblowing |
| 1989 Whistleblower Protection Act (Office of Special Counsel) | office reviews complaints of whistleblowers who got punished |
| Enabling Legislation | Congress makes agency and lets agency make its own rules and regulations. Why? a) lack expertise, b) lack time, c) blameshift if agency goes wrong |
| common law | decisions based on prevailing customs, eventually precedent |
| precedent | decisions that prevails in similar cases |
| stare decisis | judges must go by precedent |
| sources of american law | a) US constitution, b) state constitution, c) laws by legislative bodies, d) laws made by administrative agencies e) case law (binding precedent) |
| triggering fed. jurisdiction | if court involves a) constitution, b) federal law c) diversity citizenship dealing with $75,000 + and d) treaties |
| general jurisdiction | court decides on broad spectrum of cases |
| limited jurisdiction | court decides on particular issues |
| grounds for appeal | when there is a question of law (case proceedings) and not question of fact (guilt/innocence) |
| amicus curaie brief | 3rd party writes a brief stating their interest in the case and what they want decision to be. However, they are not directly involved with case |
| class-action lawsuits | a group of people sue a company for damages (people have same or similar claim) |
| writ of certiorari + rule of four | writ: the request of records from lower court; this is only issued if at least 4 justices want it. By not requesting writ, doesn't affect ruling |
| obiter dictim | extending verdict to make precedent (Dred Scott case-->precedent is Congress can't prohibit slavery) |
| remand | case is defective; case sent back to district court |
| dismissing with/without prejudice | with prejudice: prosecution illegally acquired evidence and cannot refile. without prejudice: reversible error that was not the fault of prosecution, so they can refile charges later |
| unanimous opinion | all justices agree on decision and reasoning |
| majority opinion | 5-8 justices agree on decision and reasoning |
| concurrent opinion | 1-4 justices agree on decision but not reasoning |
| dissenting opinion | 1-4 justices don't agree on decision or reasoning |
| senatorial courtesy | one senator can object to a federal judge nomination. All have to apply: a) nominee= for district court b) senator is from same state as person c) senator is from same political party as president |
| establishment clause | government cannot prohibit or advance religion. a) no coercion b) no official church c) no punishment for beliefs d) no extensive participation e) no preference |
| lemon test | test to make sure government action isn't violating establishment clause. a) purpose: law made for secular purpose b) effect: the primary effect is not religious or areligious c) entanglement- government doesn't get too entangled with a religious/areligio |
| gov't aid for religious schools | can aid: vouchers, standardized testing, transportation, lunch, secular textbooks. can't aid: reimbursing field trips, paying employees, funding for school's own achievement tests |
| protected/unprotected speech | protected speech: high level speech--government can't prohibit it. unprotected speech- low level speech--government can restrict it. |
| clear and present danger | government can prohibit all speech that causes clear and present danger to public |
| bad tendency rule | "government can prohibit speech that talks about destroying government because of the ""gravity of evil"" of the speech" |
| obscenity | disgusting language/material as specified by Miller v. California (aka: Miller test- a) avg person would find it offensive b) made with deviant interest c) obvious offensive conduct d) no merit ) |
| equal time rule | candidates each get equal time/quality |
| exclusionary rule | evidence retrieved illegally are void in court |
| exceptions to exclusionary rule | a) would've gotten it anyways: if can prove that would have gotten it legally as well, it's fine. b) good faith: unknown to the officer, the evidence was retrieved illegally; it's fine |
| Civil Rights Act of 1875 | all public/privately owned public places cannot discriminate against anyone. Southerners brought it to SCOTUS and was made as unconstitutional because can't demand private sector to do anything |
| Civil Rights Act of 1964 | cannot discriminate against: age, gender, sexual orientation, race including in private sector. Heart of Atlanta Motel tried to fight this but failed. |
| Voting Rights Act of 1965 | a) if 5% or more voters in an area speak another language, have bilingual voting b) outlaws discriminatory voting c) federal administration of voting can take over state's voting rights |
| Equal Rights Amendment | NOW tries pushing equal rights for equal pay. ERA won't pass because a) duplicate legislation (14th amendment) but really because companies control everyone with $$ and paying women less gets the company as well as the government more money |
| Low Scrutiny Test | age, disabilities, sexual orientation known as non-suspect classes, tend to not be discriminated against for a discriminatory purpose but rather because harder to accomplish objective. requirements: a) serve legitimate objective, b) means are conceptually |
| Medium Scrutiny Test | gender. Requirements: a) serves important gov't objective b) means are substantially related towards accomplishing the objective |
| High Scrutiny Test | race. Requirements: a) serves a compelling gov't interest b) means are narrowly tailored toward accomplishing the objective |
| Title VII of Civil Rights Act of 1964 | approaches gender discrimination in 3 ways: a) blanket prohibition against gender discrimination b) prohibits discrimination based on pregnancy c) prohibits hostile working environment and sexual harassment in the workplace |
| Affirmative Action | government's attempt to remedy the competitive disadvantage suffered by minority groups as a result of past discrimination |
| Age Discrimination in Employment Act | a) all people over 40 b) prohibits age discrimination unless bonafide occupational qualification |
| Americans with Disabilities Act | a) prohibits job discrimination against those with physical/mental impairment b) requires all public buildings/services accomodate disabled people c) employers must make accommodations for those with disabilities unless creates undue hardship on employer |
Created by:
AshAlive