Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
14 Cards in this Set
- Front
- Back
|
The Republican Period (1789-1868) |
1. Federal Power was to be feared. 2. individuals were close to their state governments. #state pride.
|
|
|
The Classical Period (1868-1937) |
1. The federal government became the protector instead of the states. #newdealera #reconstruction. |
|
|
The Modern Liberal Period (1937-Present) |
1. Huge expansion in federal power at this time. 2. Commerce Clause expands here. |
|
|
Republican Form of Government |
1. Harkens back to ancient Rome. 2. the state exists for the benefit of the people. 3. Direct Democracy |
|
|
Liberal Theory of Government |
1. Emphasis on Limited Government 2. Government was a necessary evil |
|
|
Federalists ( rich, white landowners) |
1. Proponents of the Constitution 2. James Madison, John J, and Alexander Hamilton. 3. Checks and balances, separation of powers, in favor of the senate. |
|
|
Antifederalists (salt of the earth southerners) |
1. They wanted direct, Jeffersonian Democracy 2. majoritarian rule 3. they disliked the senate (house of lords) 4. hated the commerce clause (too broad) |
|
|
Things the Antifederalists didn't like about the Constitution: |
1. they didn't like the removal of the people from the process 2. they didn't like the creation of a powerful, remote federal government. 3. hated the new emphasis on commerce. |
|
|
Federalist Papers |
1. Federalist propaganda for a central government. |
|
|
Marbury v. Madison |
Topic: Judicial Review Hint: midnight Judges Rule: in order for Marshall to create judicial review by declaring Section 13 of the judiciary Act (which tried to expand original jurisdiction of the supreme court). |
|
|
Hamdi v. Rumsfeld |
Topic: Executive and the war on terror Hint: American citizen captured in Afghanistan was held as an enemy combatant.Holding: court held his detention was lawful.Reasoning:The Court found that is must approach this case by balancing the tension of individual rights and national security interests |
|
|
Massachusetts v. EPA |
Topic: Standing Rule: In order to have standing to sue in a federal court the petitioner must have; injury in fact, causation, and redressability in the claim, these elements are easier to meet if you are a State rather than an individual. |
|
|
Ripeness |
Art. III requires that there be present injury or an imminent threat of injury. In determining if a case is ripe, consider the effect of delay on plaintiffs, the effect of judicial intervention on administrative actors, whether courts would benefit from delay.
|
|
|
Mootness |
Art. III requires dismissal of a case when, because of changes, the court’s determination of the legal issue cannot have any practical effect in achieving the desired result.
|
