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POLS 206 TAMU EXAM 1 Questions With Expert
Solutions |Updated & Verified 2025
Enumerated Powers - โโ- Specific powers given to Congress Stated under Article I, section 8 necessary and proper clause implied powers Reserved powers - โโ-10th Amendment Powers not delegated to the national government are reserved to the States or to the people Forms the basis for many state laws As long as the powers are not explicitly given to the national government and the Supreme Court has not deemed such a law unconstitutional Extradition clause - โโ- Requires state to (return) criminals to states where they have been convicted or are to stand trial Dual federalism - โโ- Posits that having separate and equally powerful levels of government is the best arrangement A shift in the way federalism is interpreted Layer cake
Categorical grants - โโ- Narrowly defined purposes such as federal highway grants to states for road construction Often available on a matching basis; states must contribute some money to match some of the federal funds Money given to states can alter their policy objectives Missouri Compromise 1820 - โโ- โ 1st major legislative compromise โ Settle the slavery issue by drawing a line between state & free territory NO slavery above 36ยฐ30' latitude like (except (state) Concurrent powers - โโ- Those shared by the federal and state governments Examples of concurrent Powers - โโ-Power to tax
- Right to borrow money
- Can establish courts
- Charter banks
- Spend money for the general welfare Supremacy Clause - โโ- Stating that all laws made furthering the Constitution and all treaties made under the authority of the U.S. are "supreme law of the land"
Bill of attainder - โโ- A law declaring an act illegal without providing a judicial trial Ex post facto law - โโ- Laws that criminalize an act even if it was legal when committed Increases the punishment for a crime after it was already committed Changes the rule of evidence to make conviction easier ex: speeding Necessary and proper clause - โโ- Allows Congress to make all laws necessary and proper to carry out all powers the Constitution vests in the national government Nullification (nullification doctrine) - โโ- States could invalidate federal laws deemed unconstitutional Privileges and immunities clause - โโ- Guarantees that citizens of each state have same rights as citizens of all other states Civil liberties - โโ- Personal guarantees and freedoms that government cannot abridge, either by law, constitution, or judicial interpretation freedom from arbitrary and discriminatory treatment Espionage Act 1917 - โโ- Prohibits sharing information with intent to interfere with operation or success of armed forces of U.S. or to promote the success of its enemies Originally โ prevent disclosure of classified information from an authorized person Ex. Edward Snowden charged for leaking information โ Worked for NSA
Symbolic Speech - โโ- The use of symbols, rather than words to convey ideas Actions that convey a particular message Men burned their draft cards during Vietnam War Students wore black armbands to school to protest the war Libel - โโ- False written statement that defames a character of a person Hard to prove in the U.S.; finding of libel against a public official could only stand if the "actual malice", or a knowing disregard for the truth, was shown. Example: Jezebel article about Ted Cruz Slander - โโ- False spoken statement that defames the character of a person Establishment clause - โโ- Directs the national government not to sanction an official religion Seditious speech - โโ- Speech that encourages rebellion against the government Sedition Act 1918 - โโ- Prohibited disloyal, profane, scurrilous, or abusive language about the form of government, Constitution, Soldiers and sailors, flag or uniform of the armed forces Prior Restraint - โโ- An official government restriction of speech prior to publication
- Can be punished after publishing materials if it breaks the law
Civil rights - โโ- Equal treatment: free from unfair treatment or discrimination in various settings including education, housing, and employment based on legally protected characteristics Voting Rights Act of 1965 - โโ- Signed into law by Lyndon B. Johnson Applied a nationwide prohibition against the denial or abridgment of the right to vote based on literacy tests 24th Amendment prohibited use of poll taxes as requirement to vote Jim Crow Laws - โโ- Required segregation in public schools, theaters, hotels and other public accommodations and barred interracial marriage Dominated in the south for 70 years De jure discrimination - โโ- Discrimination by law must be eliminated at once latin for "concerning the law" De facto discrimination - โโ- Discrimination that results from practices rather than the law Strict scrutiny - โโ- A law that discriminates on the basis of race is presumed to be unconstitutional unless the state can provide "compelling affirmative justifications" All race-based classifications โ (answer) Cases involving race, religion or national origin
The Civil Rights Cases (1883) - โโ- 5 cases involving discriminations Court ruled Congress couldn't bar private acts of discriminations Can only prohibit government acts of discrimination Americans with Disabilities Act (1990) - โโ- Legal protections against discrimination; extends protections of the Civil Rights Act of 1964 to all citizens with physical or mental disabilities Make "reasonable accommodations" for workers with disabilities and not discriminate against otherwise qualified workers with disabilities Civil Rights Act of 1866 - โโ- Enacted to invalidate many Black Codes Designed to protect civil rights of African-Americans Gave Congress power to intervene when states try to restrict citizenship rights Johnson vetoed; congress overcame 2/ Equal protection clause - โโ- Declares that all people get the equal protection of the laws Separate-but-equal doctrine - โโ- Allowed separate facilities, public accommodations, housing, medical care, schools, employment and transportation along racial lines As long as the facilities were considered "equal in quality" More often than not, the pattern was to establish "separate" accommodations, but they were rarely "equal"
- 14th amendment Nineteenth Amendment - โโ- Allowed women to vote Articles of Confederation - โโ- Adopted during the Revolutionary War, created the confederation Not really a framework for national government One-house (unitary) body of delegates Each state gets one vote in legislature regardless of size State's retain independence and sovereignty, except powers explicitly delegated to central government Nine states needed to pass any laws (supermajority) Unanimous vote needed for any amendment to the Articles Selection of delegates to Congress made by the states' legislatures Congress empowered to - โโ- Make peace Make coin money Appoint officers for army Control post office Negotiate with Indian tribes
- Declare war Three-fifths Compromise - โโ- Population for both Taxes and representation would be calculated by: "whole
of free persons" + "3/5 of all OTHER people"
"other" persons were a euphemism for African American slaves Representatives and direct taxes were apportioned based on this finial population number EXAMPLE: Virginia had about 300,000 slaves = counted for 180,000 of the population Confederation - โโ- National government derives its powers directly from the states More of an association of states rather than a union Lasted 10 years Problems associated with Articles of Confederation - โโ- 9 out of 13 states necessary to pass laws Congress had no power to tax, massive amount of debt after revolutionary war Main source of revenue became tariffs, congress could not impose tariffs = States had to do so voluntarily No executive to execute the laws enacted by Congress; Congress could not enforce any acts it was able to pass Congress could not regulate interstate and foreign commerce, state coin money = chaotic trade
- Each state would be represented in proportion to their population and directly elected by the people Larger states would have more seats than smaller ones. New Jersey Plan - โโ- equal representation for all state regardless of size House of Representatives - โโ- would have proportional representation (large states) Representation based on state population No more than 1 representative/30,000 inhabitants People directly elect representatives Separation of Powers - โโ- Wanted to avoid placing too much power into one branch of the government Separate branches would have specific powers to check the other branches of government 3 distinct branches Legislative Executive Judicial Constitutional equality and independence of each branch Legislative - โโ- Authority to make laws Executive - โโ- Executes the laws
Judicial - โโ- Interprets the law Federalists - โโ- Favored a new strong national government Favored ratification of Constitution Argued Bill of Rights wasn't needed for federal power was limited The Federalist Papers - โโ- series of 85 essays were published in newspapers in NY under the name "Publius" which is latin for the people Alexander Hamilton and James Madison wrote majority of essay best argument was absence of Bill of Rights Government. laid out what it could do, but not what it could not do Check and Balances - โโ- Powers of each branch is checked/limited and balances because all of the branches have some authority and no branch as exclusive domain over any single activity Minimizes the threat of tyranny from any single branch Examples of Checks and Balances - โโLawmaking power: Congress can pass a bill โ President can veto it Congress can override veto with 2/3 majority vote Supreme Court may hear a case concerning that law and find it unconstitutional
Goes from Congress โ Proposed amendment transmitted to state for ratification; Must be ratified by ยพ of states before adopted Two ways to amend the Constitution (STATE LEVEL - NEVER USED!!) - โโ- May begin with the states; Legislatures of states may apply to Congress for a convention to propose a constitutional amendment If 2/3 states request a convention, Congress MUST call for it At convention, amendment may be proposed, and ratified by at least ยพ of the states Article I - โโ- Bill of attainder ex post facto law Article III - โโ- mandates SC to settle disputes between states Article IV - โโ- full faith and credit clause privileges and immunities clause extradition clause
