Constitutional Law and Supreme Court Decisions, Exams of Nursing

Download Constitutional Law and Supreme Court Decisions and more Exams Nursing in PDF only on Docsity! James Kaatz PLS final exam Virginia Plan - correct answer ✔✔"large state plan", bicameral legislature, a single person executive chosen by legislature, court person appointed by executive, people scared because they don't want it to be like England. New Jersey Plan - correct answer ✔✔"small state plan", similar to the articles, unicameral and equal legislation, regulate commerce (can't tax all the time), militiaperson executive appointed by legislatures. Great Compromise - correct answer ✔✔"Connecticut compromise", bicameral legislation: senate- equal, house- population, pres for 4 years who is elected by electoral college, white property owning people get to vote, Judicial branch Preamble - correct answer ✔✔Introduction to the Constitution, written in 1787, says who is adopting the constitution: we the people, says why they are adopting the constitution: the old government, and what is being adopted: the constitution seperation of powers - correct answer ✔✔The assignment of lawmaking, law enforcing, and law interpreting. Functions to separate branches of government checks and balances - correct answer ✔✔a government structure that gives each branch some scrutiny of and control over the other branches. Keep each other in check Federalism - correct answer ✔✔The division of power between a central gov and regional gov enumerated powers - correct answer ✔✔specifically stated in the constitution for congress (article I section 8) Both houses: declare war, raise army/navy, regulate interstate commerce, borrow or coin money, create federal court, make laws for naturalizing citizens. House: impeach, make revenue bills senate: try impeachments, approve presidential meetings and treaties implied powers - correct answer ✔✔not stated in the constitution, comes from the elastic clause, can pass laws that are necessary and proper. Necessary and Proper Clause (Elastic Clause) - correct answer ✔✔last clause in Article I section 8, gives congress the power to execute its enumerated powers, basis for congresses implied powers qualifications for the house - correct answer ✔✔25, citizen for 7 years, and inhabitant of state Qualifications for Senate - correct answer ✔✔30 yrs old, citizen for 9 years, live in state Qualifications for President - correct answer ✔✔35 years old, born in the U.S., and has to have lived in the U.S. for 14 years presidential powers expressly given - correct answer ✔✔administrative head of nation commander in chief convene congress veto make treaties appoint officials pardon people 5-7 have to be approved my congress Article I - correct answer ✔✔Legislative Branch Article II - correct answer ✔✔executive branch 26th Amendment - correct answer ✔✔can vote from 18-21 Marbury v. Madison - correct answer ✔✔This case establishes the Supreme Court's power of Judicial Review adams appointed people w/o filling out paper work, JEfferson also appointed people (bad) McCulloch v. Maryland - correct answer ✔✔Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law first time they recognized implied powers from the elastic clause and national supremacy Establishment Clause - correct answer ✔✔Clause in the First Amendment that says the government may not establish an official religion. appears in case lemon v Kurtzman Free Exercise Clause - correct answer ✔✔A First Amendment provision that prohibits government from interfering with the practice of religion. appears in case sherbert v verner Lemon v. Kurtzman - correct answer ✔✔The 1971 Supreme Court decision that established that aid to church-related schools must (1) have a secular legislative purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive government entanglement with religion. establishment clause Employment Division v. Smith - correct answer ✔✔Exercise of religion does not excuse one from following a valid law [Freedom of Religion] native americans did drugs on the reservation for religion, got drug tested Engel v. Vitale - correct answer ✔✔The 1962 Supreme Court decision holding that state officials violated the First Amendment when they wrote a prayer to be recited by New York's schoolchildren. no student led prayer at athletic event, have to allow christian clubs after school to avoid discrimination Schneck v. US - correct answer ✔✔clear and present danger you can advocate but when you start inciting people you are a danger Gitlow v. New York (1925) - correct answer ✔✔Established precedent of federalizing Bill of Rights (applying them to the states); states cannot deny freedom of speech --protected through due process clause of Amendment 14 was preaching about communism Brandenburg v. Ohio (1969) - correct answer ✔✔speech that does not call for illegal action is protected, and even speech that does call for illegal action is protected if the action is not "imminent" or there is reason to believe that the listeners will not take action Tinker v. Des Moines (1969) - correct answer ✔✔Guaranteed a student's right to protest (wearing armbands). symbolic speech is protected Plessy v. Ferguson - correct answer ✔✔a 1896 Supreme Court decision which legalized state ordered segregation so long as the facilities for blacks and whites were equal separate but equal Brown v. Board of Education I - correct answer ✔✔1954. Overturned Plessey v Ferguson- separate but equal rejected. Unanimous, most famous. Brown v. Board of Education II - correct answer ✔✔Supreme Court case that caused courts to begin compelling states to desegregate their public schools bussing, noncontiguous, quotas NY Times v. Sullivan - correct answer ✔✔defaming public officials is okay, as long as you aren't knowingly presenting false information Near v. Minnesota - correct answer ✔✔no prior restraint