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American Govt. Final (Semester 1) Cheat Sheet by

government     constitution     amendments

Amendments

3rd Amendment
no troops can be put in a house w/out consent in war/peace
4th Amendment
right of the people to be secure
5th Amendment
right to not testify against yourself
6th Amendment
accused have a speedy & public trial
7th Amendment
if accused of a crime over $20(230 now), then right to a jury
8th Amendment
no excessive bail, fines, or cruel & unusual punish­ments
9th Amendment
just because it's not in the consti­tution doesn't mean it's legal/­illegal
10th Amendment
powers not delegated by Consti­tution are reserved to states respec­tively
13th Amendment
no slavery or involu­ntary servitude
14th Amendment
all persons born or natura­lized in U.S. are subject to jurisd­iction
15th Amendment
rights will not be denied by race, color, or previous condition

Amendment Cases

Gideon vs Wayne Wright
everybody is allowed to a court attorney
Forman vs Georgia
determines that execution is not cruel & unusual
Kelso Case
state is allowed to take property

Article 1

Section 1
creates legisl­ative branch; bicameral govt. created
Section 2
repres­ent­ative must be 25 years old, 7 years U.S. Citizen
general assembly
legisl­ative body in which each member has one vote
Section 3
2 senators from each state serves 6 years, 1 vote;
Senator requir­ements
30 years old, 9 years a citizen
Section 5
a journal is kept and published unless secrecy is needed
Quorum
minimum number of people for entity to work
Section 6
law determines how much officials
Section 7
process of bills
Section 8
Congress can lay & collect taxes
Letter of Marque & Reprisal
formal declar­ation of war against a nation
House of Repres­ent­ative Powers
war, tax, treaty ratifi­cation, impeach
Section 9
no title of nobility will work
Section 10
restri­ction on certain state powers
habeas corpus
someone must be told what they are charged with
Ex Post Facto
prosec­uting someone with something that was legal but is now illegal
Bill of attainder
condemn someone w/out due process

Article 2

Section 1
creates executive power
Presidency Requir­ements
35 years old, 14 years a citizen
Case of Removal
VP acts in place of president
Section 2
Civilian is in commander in chief of armed forces
Section 3
State of the Union address
Section 4
civil Officers can be removed from office on impeac­hment for high crimes

Article 3

Section 1
creation of judicial branch
Section 2
judicial power extends to all cases
Section 3
treason cases
 

Speech and Finance Cases and Terms

Zenger Case
Zenger accused governor Cosby of corrup­tion; accused of libel but later acquitted
libel
written lies that cause damage
slander
spoken lies
Buckley vs Valego
Money is speech
SpeechNow vs FEC
contri­bution limits were uncons­tit­utional
Citizens United Decision
allowed corpor­ations to spend unlimited money
Texas vs Johnson
burning a U.S. flag counts as protest
PAC
can give money to parties ($2600)
SuperPAC
cannot give money to parties but may pay for ads
McCutcheon vs FEC
allows giving of money to infinite of people
Shank and Deb Cases
(1920) Clear and present danger clause
Gitlo vs NY
(1925) accused of breaking criminal anarchy act by creating a left wing pamphlet
Chief Justice during Shank and Deb
Oliver Wendell Holmes Jr.
Debs and Shank broke what law?
Sedition Act of 1917
Clear & Present Danger Test
1st speech test; speech is unprot­ected if it causes a distur­bance
Bad Tendency Test
speech is restricted if it can incite illegal activity
Clear & Present Danger w/eminence
3rd Speech test; extension of proximity and degree­(more urgency)
Public vs Private Speech
4th speech test; some people enjoy more latitude than others
prior restraint
suppre­ssion of speech that would be broadc­asted and may cause harm
Tinker vs Des Moines Case
speech is protected even if it is unpopular

Obscenity and Porn Cases

What is porn or obscenity?
no definite answer
Chaplinsky vs New Hampshire
(1942) Supreme Court rules porn has no redeeming social value
Roth Case vs U.S.
(1957) sex appealing to pruriant manner (no social value)
Stanley vs Georgia
courts ruled it was ok to watch porn in your own home
Miller vs California
(1973) no definite answer for porn

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