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POLI 201: Exam 2
Argument for Bill of rights
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to protect individuals from overly powerful central government
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Argument against Bill of Rights
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Not necessary, dangerous if seen as a complete list
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Procedural Liberties
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limit how the government can do something
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Who does the BOR Limit
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Only the federal government
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Barron v Baltimore
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eminent domain, dual citizenship, BOR only applies to the federal gov
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13th Amendment
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Abolished Slavery
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14th Amendment
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Equal protection (federal rights trump state rights)
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15th Amendment
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Voting Rights
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Selective Incorporation
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States can't make laws taking away federal rights
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Protected Speech
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Political speech mostly protected, protects more than words, symbolic acts, freedom of the press
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Less Protected
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Obscenity, porn, inciting lust, fighting words, student speech
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Not Protected
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Libel, slander, malace, damaging
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Right to Privacy
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Not explicitely in BOR, implied from 1, 3, 4, 5, 9
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"Right to Autonomy" Rulings
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Birth Control- 1965
Abortion- 1973
Homosexuality- 2003
Actions and practices that are so personal or private that they should be shielded from interference by the government |
Explicit Segregation
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De Jure
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Civil rights act of 1964
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prohibited discrimination in voting, hotels, restaurants, government facilities, schools, employment
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Voting Rights act of 1965
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Federal oversight of voting changes in the south
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Having to run voting changes through the DOJ
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Preclearance
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Strict Scrutiny
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Race,Burden on defendent
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Intermediate Scrutiny
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Sex, Burden on plaintiff
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Equal Rights Amendment
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Failed in ratification
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17th amendment
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Direct Election of Senators
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Incumbency Success Rates
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95%
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Selection Bias
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have already one once
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Competitive Advantages
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Name recognition, more media coverage, fund raising
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Advantages of Office
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Credit claiming, committees, free mailing, casework, pork
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Committee Assignments
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Majority party determines distribution of seats by party, members make requests, your party leadership decides
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Logrolling
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you support my bill i'll support yours
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Majority Party in the house
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1. Speaker
2. Majority Leader
3. Majority Whip |
Majority party in the senate
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Majority Leader,
Assistant majority leader |
Minority Party in the Senate
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Minority Party in the Senate
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Party Vote
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50% of one party votes a different way that 50% of another party
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Filibuster
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Only in the senate
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4 Types of Presidential Powers
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Expressed
Delegated
Inherent
Substantial Informal |
President's Legislative Powers
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State of the union, veto powers
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Veto Powers
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Within 10 days
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Item Line Veto
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1996-1998
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Pocket Veto
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Congress adjourns
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Executive Powers
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Chief executive, appoints officials, executive orders
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Brown V Board of Education (1954)
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repealed separate but equal
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Exclusionary Rule
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Evidence gained unconstitutionally is inadmissable
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War Powers Resolution
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1973, Nixon vetoed, overridden
President can only commit troops...
1. Declaring War
2. Specific Statutory Authorization
3. National emergency created by an attack on us or us forces
President must inform congress 48 hours before military action, must end in 60 days unless congress provides an extension |
How does a treaty get made?
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President signs it, confirmed by 2/3 vote of senate
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