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15 Cards in this Set
- Front
- Back
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How the Colonist Organized for Revolution
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Mercantilism - Great Britain sold goods through the colonies and harvested raw materials
Colonies were fine until Great Britain switched from Mercantilism to Imperialism, starting the slogan "Taxation without Representation" followed by the following taxes - Sugar Tax, Stamp Act - Taxes on bill of sales, news papers, playing cards, ect. The colonist started to boycott Great Britain's merchandises this made Great Britain end all of their tax laws - all was good until - Great Britain gave permission to the East India Co. to sell tea in the colonies for a cheaper price, this lead to the Boston Tea Party. Great Britain left them alone but blockaded all of their ports - had the attitude that they would crawl back |
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John Locke's influence on The Revolution
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ideas on liberty greatly influenced the political thinking behind the revolution. John Locke's Two Treatises of Government, The theory of the "social contract" influenced the belief among many of the Founders that among the "natural rights" of man was the right of the people to overthrow their leaders, should those leaders betray the historic rights of Englishmen
Natural rights - consisted of "Life, Liberty, and Estate" Says to rebel if someone tries to take what is rightfully yours |
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Pyramid of Revolution
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Upper level: 1st Continental Congress
Middle level: Provincial Congresses Lower level: Committees of Correspondents |
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Battles of Lexington and Concord
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The Battles of Lexington and Concord were the first military engagements of the American Revolutionary War.[9][10] They were fought on April 19, 1775, in Middlesex County, Province of Massachusetts Bay, within the towns of Lexington, Concord, Lincoln, Menotomy (present-day Arlington), and Cambridge, near Boston. The battles marked the outbreak of open armed conflict between the Kingdom of Great Britain and its thirteen colonies in the mainland of British North America.
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Limited Government
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A political system in which legalized force is restricted through delegated and enumerated powers. The United States Constitution, and particularly the Bill of Rights, were designed to limit government's role to what America's founding fathers saw as government's most essential functions: To preserve individual liberty and protect private property.
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Checks and Balances
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The various procedures set in place to reduce mistakes or improper behavior. Checks and balances usually ensure that no one person or department has absolute control over decisions, and clearly defines the assigned duties. The existence of checks and balances within an organization prevents any one person or department from having too much power, and forces cooperation in completing tasks.
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Textual Analysis
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literally find the words in the doc. that you are interpreting - draw backs - "difficult to apply, difficult to plumb the original understanding"
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Precedent
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uses stare decisis (to stand by decided matters) it is used often in Anglo American Law but not so much in the supreme court
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Warren Court
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Earl Warren served as Chief Justice. Warren led a liberal majority that used judicial power in dramatic fashion, to the consternation of conservative opponents. The Warren Court expanded civil rights liberties, judicial power, and the federal power in dramatic ways.
applauded and criticized for bringing an end to racial segregation in the United States, incorporating the Bill of Rights (i.e. applying it to states), and ending officially-sanctioned voluntary prayer in public schools. The period is recognized as a high point in judicial power that has receded ever since, but with a substantial continuing impact. |
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Burger Court
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Burger Court Chief Justice of the United States from 1969 to 1986. Although Burger had conservative leanings, the U.S. Supreme Court delivered a variety of trans-formative and controversial decisions on abortion, capital punishment, religious establishment, and school desegregation during his tenure.
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American Constitutional Law
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As employed in this country constitutional law signifies a body of rules resulting from the interpretation by a high court of a written constitutional instrument in the courses of disposing of cases in which the validity of the constitutional instrument in regard to an action state or federal has been challenged.
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Marbury v. Madison Background
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Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803) is a landmark case in United States law. It formed the basis for the exercise of judicial review in the United States under Article III of the Constitution.
This case resulted from a petition to the Supreme Court by William Marbury, who had been appointed by President John Adams as Justice of the Peace in the District of Columbia but whose commission was not subsequently delivered. Marbury petitioned the Supreme Court to force Secretary of State James Madison to deliver the documents, but the court, with John Marshall as Chief Justice, denied Marbury's petition, holding that the part of the statute upon which he based his claim, the Judiciary Act of 1789, was unconstitutional. |
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Judicial Review
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Similar to Check and Balances - it is the power of the supreme court to review actions of the president, court, and states and determine their constitutionality
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Marshall's Notes
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Supported Judicial Review
-Judicial Review - emphatically the province and duty of the judicial department to say what the law is -Constitutional Provisions: ex. treason on pg 77-- he is taking this out of context to work in his favor, basically says we need Judicial Review so this doesn't happen -Oath: must do our job to the best of my abilities and understanding agreeably to the Constitution and Laws of the United States -Supremacy Clause Art. VI- was written to declare the constitution paramount, above all |
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Justice Gibson Arguments Against Marshall
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-Why wasn't this in the constitution to begin with, it wouldn't have been hard very easy to begin with
-Where do they get the justification to do something to congress that congress can't do to the supreme court -Main argument #1: IF the framers wanted it in it would be -All public officials take the same oath even the lower level of jobs -Doesn't address the supremacy clause |
