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Karin Appenzeller
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Karin Appenzeller
This flashcard set delves into the intricacies of the U.S. political system, focusing on the Constitution, amendments, and key legal principles. It covers the separation of powers, checks and balances, and the roles of the president, Congress, and the Supreme Court. The flashcards also explore landmark Supreme Court cases, the Electoral College, and the amendment process. This set is ideal for university students studying political science or law, providing a comprehensive overview of the U.S. government's structure and functions.
Karten
52
Lernende
1
Sprache
Englisch
Kategorie
Politik
Stufe
Universität
Erstellt / Aktualisiert
06.10.2015 / 06.10.2015

Lernkarten

Key Amendments: 17th

1913: Direct Vote of Senators

Key Amendments: 18th

1919: Prohibition (limited rights, sale of alcohol)

Key Amendments: 20th

1920: Women given right to vote

Key Amendments: 21st

1933: Prohibition repealed

Bill Of Rights: More Detailed

- passed by Congress on March 4, 1789 - ratified in 1791

- based on Virginias Decleration of Rights (1776)

- afraid: implies that some rights that were not listed, don't exist

- function: "in order to prevent misconstruction or abuse of the const. powers" + +further restrictive clauses should be added"

- Jefferson = anti-federalist, afraid of Bill of Rights

1st Amendment

Protected Freedoms: religion, speech, press, assembly

- Religion Clauses = "establishment" + "free exercise" clauses (Jefferson: "two clauses built a wall of separation between church and state", "closer to the truth to believe nothing, than something that is wrong")

Religion Clauses in 1st amendment: Establishment Clause

No official church, no favoritism

Inspiration: John Locke (English Enlightment phil.) & Roger Williams (theologian)

Has concerned public schools:

1962: Engel v. Vitale: prayers = unconstitutional

1968: Epperson v. Arkansas: schools must teach evolution

1987: Edwards v. Aguilard: creationism shouldn't be taught

1920s: Monkey trial - teacher in trial for teaching evolution

Religion Clauses in 1st amendment: Free Exercise Clause

- protects religious beliefs & practice; different cult are allowed except when they're actions are crime related

- accomodation: compromise, if there is an undue burden caused by a law on an individual's religious practice, the gov. will accomodate (ex. native american tribe smoking peyote)

- ex. 1944 U.S v. Ballard: invented religion, asked for donations, got arrested for mail fraud. "freedom of religion embraces the right to maintain theories of life and death"

Religious Clauses: Is there a limit?

Belief vs. Conduct

- belief is absolute, conduct can be controlled if state has a compelling interest

- ex. SIKH boy wearing knife on leg to school; Jehova Witness keeping boy from blood transfusion

Religious Clauses: Ceremonial Deism

1984 Lynch v. Donelly

"They have lost through rote repetition any significant religious concept" -> public holidays don't hurt establishment clause

1st Amendment: Freedom Of Speech

- "Freedom to speak foolishly and without moderation"

- 1944 Baumgartner v. US: Held speeches

- Limits? Imminent Lawless Actions: if the speaker intends to incite a violation of the law that is both imminent and likely 

1st Amendment: Freedom Of The Press

- role of the press is to hold the government accountable (ex. Watergate)

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