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45 Cards in this Set
- Front
- Back
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What are the requirements to be a US Representative?
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25 years old
Citizen for 7 years |
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What are the requirements to be a US Senator?
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30 years old
Citizen for 9 years |
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What percentage of Congress is needed to overturn a veto?
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2/3
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What are the time requirements and consequences for a president to review and sign/veto a bill once it is presented to him?
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If not vetoed or signed within 10 days of being presented to the president then the bill becomes law.
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What are the requirements to be president of the US?
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Natural born citizen
35 years old 14 years residing in the US Black |
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When does the President's term end?
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Noon on January 20th
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Where do the powers for the Supreme Court and lower courts come from?
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Supreme Court - Constitution
Lower Courts - Congress |
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How long are Supreme Court justices in office for?
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Life unless impeached. They are in office for as long as they have good behavior.
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What is the process for passing a constitutional amendment?
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Must be passed by 2/3 of both house and ratified by 2/3 of the states.
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What matters do federal courts have jurisdiction over and when did they begin to appear?
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They have jurisdiction over civil matter and did not begin to appear until after the Civil War.
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Can the president ask the Supreme Court for advice?
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No presidential advice must come from the Legislative branch
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What is the main significance of Marbury v. Madison?
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♦ Supreme Court may review acts of congress and void those that it finds repugnant to the Constitution.
♦ Some read Marbury to say that Supreme Court has supreme view of the Constitution. ♦ Judicial Review is implicit in Constitution. ♦ Judicial Power extends to all cases arising under the Constitution or the laws of the United States. |
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What 2 things are required for the Supreme Court to hear a case?
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Jurisdiction
Justiciability |
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What does jurisdiction mean?
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The power to decide a case
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What does justiciability mean?
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Whether it is a matter for the courts to resolve
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What are the different prongs of justiciability?
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Standing
Adversarial Interests Ripeness Mootness Political Question Habeus Corpus |
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What is standing and what must you have to prove standing?
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Standing is the right to bring a suit.
Must have injury in fact and a "nexus" between the injury and the claimed constitutional violation. |
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What is political question?
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Textually demonstrable commitment of issue to a political department
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What is habeus corpus?
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The right to take your body before the court and argue that your confinement is illegal.
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What power did congress use to try and eliminate discrimination?
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Commerce Clause
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What are the 3 areas that congress may regulate through the commerce clause?
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1. The use of channels and interstate commerce
2. Interstate commerce (instrumentalities, persons, and things) 3. Activities that substantially affect |
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What is the affection doctrine under Congress' commerce power?
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If it has any affect on commerce then congress can regulate it.
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What may congress use taxation to promote?
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Any objective that is within a power specifically granted to congress by the constitution.
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Whenever there is a vacancy in the office of the vice president:
A. The president shall nominate a vice president who takes office upon confirmation by a majority vote of the house and senate B. The speaker of the house becomes vice president C. The office remains vacant until the next presidential election D. The president pro tem of the senate becomes vice president |
A. The president shall nominate a vice president who takes office upon confirmation by a majority vote of the house and senate
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Is the president able to detain enemy combatants during wartime and if so, what are the limitations on this power?
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The president is able to detain enemy combatants.
Not indefinitely but for duration of hostilities They have a habeus corpus right |
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Who do the constitutional protects extend to?
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All persons within the US, not just the citizens
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Do alien enemy combatants have a habeus corpus right?
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They shouldn't but they do.
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What is a line item veto and what power does the president have to use line item vetoes?
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A line item veto is striking a single line or certain part of a bill prior to signing it.
President has no power to line item veto, bills are either all or nothing. |
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How could the president get the power of the line item veto?
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Congress could present each act to him separately or congress could amend the constitution.
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May the president stay action against him until the end of his presidential term?
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No
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Under the 14th amendment, are all rights applied to the states?
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No, only those rights that are essential to the fundamental principles of due process
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Is the right of privacy guaranteed in the constitution?
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No, the constitution guarantees "zones" of privacy.
Search & Seizure - 4th and 5th Amendments Expression - 1st Amendment Marital Rights - 9th Amendment |
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What is the 9th Amendment?
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The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
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What is the 5th amendment?
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No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
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What is the 14th amendment?
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Incorporation doctrine
The doctrine incorporates the provisions of the Bill of Rights into the 14th Amendment's "due process" clause by declaring that each of the rights was "fundamental" to the conception of due process of law. |
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What are the 3 considerations for due process on punitive damages?
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1) Degree of reprehensibility of conduct
2) Disparity between harm and damages awarded 3) Difference between award & comparable cases |
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What is meant by penumbras?
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Various guarantees in the Bill of Rights create "zones of privacy."
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Does a man in an affair have the right to challenge the paternity of a child of the married woman that he is sleeping with?
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No, there is a presumption that a child of marriage is from the married couple. There may be an exception if the husband is impotent or sterile.
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What does regulation of privacy require to be upheld and what type of scrutiny is involved?
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Compelling state interest
Strict scrutiny |
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What are the 3 approaches to determining if a statute is permissible?
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Rational basis
Intermediate scrutiny Strict Scrutiny |
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What is the rational basis test?
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State needs a rational basis for statute
Applied in economic or social welfare cases There is a presumption of validity and the burden is on the plaintiff to prove otherwise |
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What is intermediate scrutiny?
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State must show important government objective and the means must be substantially related to those goals
Justification must be exceedingly persuasive |
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What falls under intermediate scrutiny?
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Gender
Correcting past wrongs |
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What falls under strict scrutiny?
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Immutable characteristics
Race National origin Alienage Religion |
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What is the Miller test for obscenities?
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For something to be obscene, it must be shown that the average person, applying contemporary community standards and viewing the material as a whole would find:
1. That the work appeals predominately to prurient interests 2. That it depicts or describes sexual conduct in a patently offensive way; and 3. That it lacks serious literary, artistic, political, or scientific value |
