Legal: Constitutional Law

Front 1

Article VI, Section III

Back 1

Provision of the Constitution that requires all Federal employees to take an oath of office

Front 2

What was the "wish list" for American government?

Back 2

Declaration of Independence: How Gov't would look in post-British rule and before the Constitution -1776

Front 3

Articles of Confederation

Back 3

Did not envision all we needed in a new government, did not provide taxing authority

Front 4

What was the "blueprint for our government"?

Back 4

Constitution: Written 1787, ratified in 1789. Envisioned and created post-independence.

Front 5

Habeas Corpus

Back 5

Right to come before a judge, can not be held indefinitely w/o a trial

Front 6

Ex Post Facto

Back 6

Can not create a law after an act has been created in order to punish someone for a crime

Front 7

Bill of Attainer

Back 7

cannot punish someone w/o a trial

Front 8

Bill of Rights

Back 8

1st ten amendments, all of them confer personal rights to citizens

Front 9

Diffusion of Power

Back 9

Diffuse power of government and avoid tyranny; liberty v. security - what we do as IAs

Front 10

"We the People"

Back 10

At the time "white males who own land"

Front 11

"In order to form a more perfect union"

Back 11

There were 13 colonies, not all got alone. Designed to settle inter-state conflicts.

Front 12

"Establish justice" (2 kinds of systems)

Back 12

Needed a justice system. Civil: parties are individuals. Criminal: Government/state is the plaintiff and person charged with the crime is a defendant

Front 13

"Ensure Domestic Tranquility"

Back 13

Peace among colonies, unity to become one country

Front 14

"Provide for the Common Defense"

Back 14

Establish a unified defense for all of the US vs. external threats

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"Promote the general welfare"

Back 15

Providing opportunities for all

Front 16

"secure the blessings of liberty"

Back 16

Protect what we fought so hard to acquire

Front 17

"To ourselves and our posterity"

Back 17

For us and our future generations

Front 18

"For the United States of America"

Back 18

Preamble begins with "we" and ends with "One" E. Pluribus Unum

Front 19

Article I of Constitution

Back 19

Creates Legislative Branch to Congress, creates laws. -Congress declares and funds all wars.

Front 20

Article II of Constitution

Back 20

Executive Branch: President - Enacts the law. If the president appoints someone, that person must be appointed by Congress and he also has pardoning powers.

Front 21

Article III of Constitution

Back 21

Judicial branch: Supreme Court - Interprets Law
-Sectuib 1: Vests judicial power in federal courts, requires Supreme Court, allows inferior courts, good behavior tenure for judges, prohibits decreasing judges' salaries

Front 22

Marbury v. Madison (1803)

Back 22

-Formed basis of judicial review in US under Article III (SC determines constitutionality of laws)

Front 23

Judicial Review

Back 23

SC does determine the constitutionality of a law in the US. Was the first time the SC declared something "unconstitutional"
JR: Courts may oversee and nullify the actions of another branch of gov't - this solidified the "checks and balances"

Front 24

Horizontal Separation of Powers

Back 24

Legislative, Judicial, Executive

Front 25

Commerce Clause and 1964 Civil Rights Act

Back 25

Act outlawed major forms of discrimination against blacks and women. Enforcement powers initially weak, supplemented during later years. Congress asserted its power to regulate interstate commerce clause.

Front 26

"Heart of Atlanta Motel"

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-Owner filed suit after being forced to serve blacks. Court said that b/c 75% of his clientele came from out of state and were close to interstate, the court affected ICC b/c non-whites may have to go to Alabama for a room

Front 27

"Katzenback v. McClung" LANDMARK

Back 27

-BBQ stand in AL didn't serve colored people. Court said that because it used Heinz ketchup from out of state--it could affect interstate commerce.

Front 28

MS Farmer Case

Back 28

Produce stand on private property don't serve non-MS license plates. Because coloreds may have to drive over state lines to obtain produce, could affect interstate commerce.

Front 29

Vertical separation of powers

Back 29

Federal, state, and local governments

Front 30

Example of how Executive can check other branches

Back 30

-President can sign a law or veto it. If he vetoes, congress then requires 2/3s to overrule.
-Can pardon a case if he doesn't like it.
-Declares war, Prez is chief executive.

Front 31

legislative checking other branches

Back 31

Congress can not make law w/o prez signing it.
-President appoints a judge, Senate then confirms him

Front 32

Judicial branch**

Back 32

Legislative branch can impeach judicial

Front 33

Article I, Section 9

Back 33

Interstate Commerce Clause, a Power of Congress
"To regulate commerce with foreign nations and among the several states and with the Indian tribes"