Terms and Concepts List for the Final

Fall 2000

1. ______ has been analogized to a fourth branch of government

2. Legislation which creates agencies and empowers them is called ________________ legislation

3. __________ perform quasi-legislative and quasi-judicial functions

4. Two ways in which delegation of powers may be unconsitutional.

5. _______________ governs the procedures under which federal administrative agencies operate

6. A__________ is a group of laws organized by subject matter such as criminal procedure

7. When the president does not return a bill to congress within ten days and congress is adjourned, the president has affected a __________ _____________

8. The clause ofthne US Constitution that requres all revenue-raising bills to originate in the House of Representatives is ____________________.

9. The most sweeping and powerful clause in the US Constitution is the _______________________

10. The power to regulate the general health, welfare, and security reserved to the states is known as ______________ power.

11. The federal government may use its _______________ power to coerce states into enacting legislation such as the 55 miles an hours speed limit.

12. The _____________ amendment provides for state immunity in federal court

13. The _____________ amendment provides for due process and equal protection in the states.

14. The _____________ amendment provides for the federal income tax.

15. The body empowered by the Constitution to elext the president and the vice president of the United States is ____________________

16. A __________ vote in both houses is required to override a presidential veto.

17. ___________v. U.S. was a case involving the internment of Japanese Americans.

18. U.S. v. ____________ determined that President Jefferson could be ordered to produce a letter written by Aaron Burr.

19. The doctrine requiring the states to give effect to the laws, records, and proceedings of sister states is ___________________________________

20. The doctrine of ____________________ requires state judges to apply both the federal and state constitutions simulataneously.

21. The _______________ doctrine provides that if a a subject of interstate commerce is national in character thane regulation of that subject is exclusively federal.

22. Power of the people is reserved through the _____________ amendment.

23. State powers, in the US Constitution is reserved through the _________________________amendment.

24. _________v. ______________ determined that a sitting president was not immune from civil liability.

25. An order issued by the president is a(n) _____________________________

26. The _________________ doctrine provides that private rights are adjudicated by Article III judges while public rights may be adjudicated by administrative officials.

27. The __________________ test is a doctrine under which a state court may gain personal jurisdiction over a nonresident.

28. The ____________________ doctrine under the 14th amendment fundamental and necessary rights in the federal Bill of Rights are applied against the states.

29. The Civil Rights Act of 1964 was based upon the congresses authority under the _________________ clause of the US. Constitution.

30. An _________________ agency is an agency the head of which may be terminated by the president for good cause only.

31. When government interferes with a fundamental constitutional right, the constitutionality of the interference will be viewed under the doctrine of ____________________ by the US Supreme Court.

32. Justice Oliver Wendell Holmes articulated the now famous ____________ and ______________________ doctrine which has been interpreted to protect freedom of speech unless immediate harm will result

33. _______________ is not protected by the First Amendment.

34. The ___________________ was a compromise in the mechanism allocating votes during the creation of the second US government which gave the south a greater proportional representation in electing the executive branch.

35. A state law that burdens interstate commerce (such as bannng sale of milk in nonrecyclable materials) may be upheld if it is found to have a _____________ impact on interstate commerce.

36. The _______________ doctrine applies some US Constitutional Amendments to the States.

37. When a state court decides a case on _________________ state grounds, federal judicial review is unnecessary.

38. The ____________________ is a judicial doctrine which provides that even if federal power to regulate interstate and international commerce is not exercised, state power to regulate these areas is sometimes precluded.

39. The ____________________ doctrine is the transfer of power from the congress or the judiciary to an administrative agency

40. An _______________ treaty is not immediate enforceable as domestic law.

Discuss the difference between state rights and federal rights under the US Constituion. List and explain each amendment or clause which is important to the discussion. Discuss the history of state, citizen, and federal rights and their expansion or contraction over last two hundred years.

Be able to discuss the First Amendment and its interpretations. Discuss the difference between conduct and speech. Give examples of each. When is speech not protected and when is conduct protected? Is conduct different from expression?

How is the Second Amendment different from the First Amendment in terms of its protection of individual rights? Why can Arkansas control certain aspects of citizen behavior under the Second Amendment and not under the First Amendment?