pols final review

14th amendment makes the Bill of Rights apply to states and the local government

the more you make the more you pay

Supreme Court ruled that prayer drafted by the school board was unconstitutional . violated the Establishment Clause

3 pronged Lemon Test to ensure that the wall between church and state was maintained

can be taken away if the religion advocates an overthrow of government, or is unsafe, immoral, or unhealthy

to ban political criticism of John Adams administration. Directed towards Thomas Jefferson and anti-federalists

prevented anti-war speech

written statement that defames someone's character

spoken statement that defames someone's character

obscenity was not meant to be protected by the 1st amendment's freedom of speech

material is obscene if community standards find the work unwholesome or immoral, is offensive, and lacks literary, artistic , political, or scientific value

limitations on how government may act. The principles that the laws must be administered in a fair manner

judicially created remedy to deter police from violating the 4th and 5th amendments. Bans the use of illegally obtained evidence in trial

guaranteed the accused the right to counsel for defense

Pentagon was releasing casualty numbers that were knowingly false. Daniel Elsberg told the NY Times what was going on

when the government can prevent your work from being published

If the state has government papers they can be forced to release it.

Used by the media predominantly. In 1966 the government compiled a list of people who were possible threats, they were then forced to make it public.

Judicial Review: the right of the Supreme Court to review all laws, acts, and proceedings to determine if they are within the realm of the U.S. Constitution.

1. In 1796 John Adams was President. In the election of 1800, John Adams ran with CC Pickney (federalists) and Thomas Jefferson ran w/ Aaron Burr (anti-federalist). Jefferson and Burr tied. Alexander Hamilton was a federalist and he decided to support Jefferson, winning him the election.

2. Adams was left a lame duck until March. His Secretary of State was John Marshall. He called him to be the Supreme Court Chief Justice right before his term was over. Under the judiciary act of 1801 (midnight appointments), Adams called on many members of the Federalist Party to fill the judiciary branch w/ Federalists. William Marbury was supposed to be appointed as a Justice of the Peace, but never received an official seal and thus could not fill his appointment.

3. Marbury asked Jefferson's Secretary of State, James Madison to deliver the seal of appointment but he refused. Marbury sough a Writ of Mandamus from the Supreme Court that would force Madison to give the seal of appointment. In the Judiciary Act of 1789, which created other courts, Section 13 stated that cases of writs of mandamus to go to the Supreme Court.

4. In 1803, John Marshall ruled that Section 13 of the Judiciary Act of 1789 was unconstitutional, because it violated Article 3 of the Constitution, which sets clear boundaries for original jurisdiction could only concern matters of one state suing another state, or cases involving ambassadors. The ruling created judicial review.

"Right to die" federal government could not prohibit physicians from using medication to assist in suicide according to Oregon law

States decided on issues such as slavery for themselves

Chief Justice: Roger B. Taney decided that blacks could not be citizen of the U.S. regardless of what state they reside in. Ruled the Missouri Compromise was unconstitutional, thus permitting slavery in the entire country.

Integrated the armed forces in 1948 w/ an executive order

• 1. Stewardship Theory: president should have all of the powers not denied to him by the constitution (Teddy Roosevelt)
• 2. Conservative (Taftian) Theory: president should have only those powers that are within the constitution (Howard Taft)
• 3. Prerogative Theory: president should have powers during war that he would not normally have (FDR)

• 1. Natural Born Citizen
• 2. 35 years old
• 3. Resident of the U.S. for 14 years

• 1. President Reagan hate Communism. Nicaragua was communist and the president wanted to kick Nicaragua out. He wanted to send weapons to anti-communist (Contras) but couldn't because of the Boland Amendments.
• 2. Members of the National Security Council sold parts to Iran (who was in conflicts w/ Iraq) so they could arm the contras.
• 3. Tower Commission : (Chairman John Tower) found that president Reagan and VP Bush knew nothing. John Pointdexter (head of the National Security Council) was at fault.

Th President can appoint members of IRA's but can't fire them.

tried to limit the President in making executive agreements but did not pass

stipulation that the president must inform the Senate of an Executive Agreement

• 1. Isolationism
• 2. Expansionism
• 3.Neutrality
• 4. Collective Security
• 5. Containment

• Conference: Stalin, Churchill, FDR
• 1. Divide Germany after War
• 2. Provide Poland w/ government after War
• 3.Create Security Council for United Nations
• 4. Give free elections to Balkan Nations

• 1. 25 years of age
• 2. United States citizen and resident of the District
• 3.resident of the United States for 7 years

• 1. 30 years of age
• 2. 9 years as a United States citizen
• 3. U.S. citizen

must run for the whole state instead of district because the state has not yet redistricted

• 1. Approve treaties and appointments
• 2. Filibuster
• 3. Conduct Impeachment
• 4. Vote for VP if tied in Electoral College

• 1. Revenue bills originate
• 2. Time limit
• 3. Impeachment originates
• 4. Votes for President if tied in the Electoral College

• 1. Rules: most powerful, establishes rules
• 2. House Ways & Means: all taxes and welfare originates here
• 3. Steering: tells what legislation they should push through
• 4. Joint: combines both houses of Congress, secret, can't amend after

Can use the mail for official business

• 1. Law of Moses: thou shall not kill, right and wrong
• 2. Canon Law: divine right of kings, religion, and will
• 3. Codified Law: Roman, written law (includes Executive Orders)
• 4. British, passed down by tradition (Civil)

• Iowa Caucus: 1st Congress in the presidential election
• New Hampshire Primary: 1st primary of the presidential election
• Super Tuesday: Tuesday when greatest # of states hold presidential primaries
• Front Loading: moving primaries to an earlier date
• Electoral College: 538 electors, (435 House, 100 Senate, 3 D.C.) 270 Majority

FDR wanted to pack the court by raising the # of judges to 15, to push New Deal programs

4 of the Justices must agree to hear a case

Courts ability to review cases already decided by a trial court

established the Federal Court System