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61 Cards in this Set

  • Front
  • Back
Articles of Confederation
Which led to domination by the states and a very weak national government.
Shays rebellion
Shay led armed attacks on the courthouses to prevent from foreclosing on the farms.
Constitutional Convention of 1787
55 reps of 12 states RI did not meet, met in phili to draft a new agreement to set forth the basic functions of a new government.
Seperation of powers
was designed the control the use of the powers granted by the states to the federal government.
ratification
3/4 of the state must ratify an amendment order for it to become part of the constitution.
Federalist papers
News articles written by James Madison, supporter, federalist.
Federalist
Supporters of the constitution
Antifederalist
Againt the constitition
Bill of Rights
First ten amendments
checks and balances
Seperate the powers of the governemtns into specific funtions that together represented a strong central gov.
Legislature
Power to make laws
Executive
Power to enforce the laws
Legislature
Power to interpret and apply the laws.
Enumerated powers
are powers given to the federal government by the terms of the U.S. Constitution.
Commerce clause
Most significant power to regulate business is found in article 1.
Interstate commerce
Between states
Intrastate commerce
within a state
Jim Crow Laws
Keep minorities as second class citizens.
White primary
eliminated minority vote
Articles of Confederation
Which led to domination by the states and a very weak national government.
Shays rebellion
Shay led armed attacks on the courthouses to prevent from foreclosing on the farms.
Constitutional Convention of 1787
55 reps of 12 states RI did not meet, met in phili to draft a new agreement to set forth the basic functions of a new government.
Seperation of powers
was designed the control the use of the powers granted by the states to the federal government.
ratification
3/4 of the state must ratify an amendment order for it to become part of the constitution.
Federalist papers
News articles written by James Madison, supporter, federalist.
Federalist
Supporters of the constitution
Antifederalist
Againt the constitition
Bill of Rights
First ten amendments
checks and balances
Seperate the powers of the governemtns into specific funtions that together represented a strong central gov.
Necassary and proper clause
gives congress the ability to account for all contingencies. Enhances speicifuc powers of the congress. also refered to as elastic clause or implied powers clause
Supremacy Clause
basically states that federal law is the supreme law of the land, and state law is preempted to the extent that it is in conflict with the federal law.
Concurrent powers
where both the national and state governments can pass legislation.
Preempt
Congress can exclude
Bill of rights
First 10 amendments to the constitution
Commercial Speech
does not recieve alot of protection under the constitution. used for business
Political speech
Protected greatly protected under 1st amendment.
Free excersice Clause
protects the rights of indivisuals to free excerceise of religion
Establishment Clause
prohibits governmental establishment of an official religion.
Blue laws
Prohibition of certain transactions on sundays.
exclusionary rule
has held that any evidence seized improperly must exclude from trial.
administrative warrants
required of inspection of a business in regulatory situtations.
Self inccrimination
no person is compelled to admit they have commited the crime.
Due process
An established course for judicial proceedings or other governmental activities designed to safeguard the legal rights of the individual.
Substansive Due process
involves the meat of the content or the meat of the law of governmental action.
Procedural Due process
Steps in government depriving anyone of life, liberty, or property.
Eminent Domain
Taking of private property by the government.
Equal protection
prevents states form denying equal protection under the law.
Rational basis test
laws concernced with economic or social classes
substantial governmental interst
gender or legitimacy
1st Amendment
Freedom of Speech
4th amendment
Search and seizure
10th Amendment
“the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
14th Amendment
Extends rights on due process. Equal protection.
Wickard V. Filburn
Congress upheld control over farmers prodction of wheat for home use because the cumulative effect of home consumption of wheat by many farmers would alter the interstate commodity market
McCulloch V. Maryland
1st major showdown over power whether a state, maryland, had the power to tax the national government. Maryland denied by the neccasary and proper clause and the supremacy clause.
Plessy V. Ferguson
Jim crow laws were stated constitutional. Seperate but equal
Brown V. Board
3rd major stuggle btw states rights and the power of the national government. Overrulled the plessy case to be unconstitutional.
Katzenbach v. McClung/ Heart of Atanta motel v. US
National Government sued businessses that discriminated. bbq rest. refused to serve blacks,
Schenk v. US
Cannot falsely shout fire, cannot say whatever u want, certain limitations
Central hudson gas
Used a 4-part test.
Roe v. Wade
prohibited abortion in the first trimester.