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72 Cards in this Set
- Front
- Back
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Who is considered the “Father of the Constitution?”
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James Madison
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Who was the principal author of the Declaration of Independence?
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Thomas Jefferson
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Who was the first Secretary of the Treasury and proponent of the U.S. Bank?
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Alexander Hamilton
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Which English philosopher argued most strongly for natural rights of individuals?
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John Locke
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What were the Federalist Papers, and who were the three authors?
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Written by James Madison, Alexander Hamilton, and John Jay under ‘Publius’ in NY to persuade NY to adopt the constitution, insight to founder’s intentions. papers designed to promote the adoption of the Constitution and outlined how it would work and explained why it was the best choice of government.
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McCulloch v. Maryland?
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Set basis for ‘implied powers’- if Congress can regulate commerce, it can have a national bank. Premise A: The national government is supreme. Premise B: A tax can be used to control or even destroy the object of the tax. Premise C: A state could never destroy or control the national government. Therefore, Maryland’s tax is unconstitutional – as are all taxes by states levied on the national government.
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What was the Missouri Compromise?
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22 states, divided into 11 free and 11 slave. Missouri would tip the balance. Eventually, Maine entered as a free state, and Missouri had the option of slavery – the balance was intact, but the compromise required that a line be drawn across Missouri at 36○ 30’ North. Slavery would be prohibited North of that line.
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Who are the current members of the Supreme Court?
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Elena Kagan (Obama)
Antonin Scalia (Reagan) Anthony M. Kennedy (Reagan) Ruth Bader Ginsburg (Clinton) Stephen G. Breyer (Clinton Samuel A. Alito (Bush) Clarence Thomas (Bush) Sonia Sotomayor (Bush) John G. Roberts (Bush) |
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What was the result of the Great (Connecticut) Compromise?
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Bicameral legislature with house based on population and senate based on equality. Also the 3/5 Compromise (included slaves but not Indians).
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Who are the current members of the U.S. Supreme Court?
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Elena Kagan (Obama)
Antonin Scalia (Reagan) Anthony M. Kennedy (Reagan) Ruth Bader Ginsburg (Clinton) Stephen G. Breyer (Clinton Samuel A. Alito (Bush) Clarence Thomas (Bush) Sonia Sotomayor (Bush) John G. Roberts (Bush) |
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How does our textbook define constitutionalism? Hint: three part definition.
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1) Limited Government- a government limited in its powers and accountable for its actions (Madison’s Federalist 51)
2) Rule of Law- constitution places a ‘higher law’ above policies of leaders/majority 3) Fundamental Worth of Each Individual- rights and liberties accompany each person |
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How are amendments added to the U.S. Constitution? How many do we have right now?
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To add amendments, a 2/3 vote by both houses of congress are needed.
Once bill passes houses, it goes to states where we need 3/4 of them to pass it. 27 amendments currently. |
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Which case generally is recognized as starting the process of judicial review?
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Marbury v Madison (new president- Jefferson- wouldn’t give Marbury his commission, and neither would Madison, the Sec. of State)
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The system proposed by Madison to keep power from being concentrated in one place is?
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Separation of Powers and Checks and Balances
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The ruling in Schenck v. U.S. established what First Amendment test?
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Clear and present danger test for government limiting the right to free speech.
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What was the significant result of Plessy v. Ferguson?
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Held that the Louisiana law did not violate the Equal Protection Clause by providing “separate but equal accommodations”. It justified segregation.
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What was the significant result of Brown v. Board of Education?
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Overturned Plessy v Ferguson- segregation by race creates feeling of inferiority.
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What are implied powers? Reserved powers? Where do we find these mentioned?
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Implied: federal powers not specifically delegated by the Constitution but can be reasonably inferred through ‘necessary and proper’ clause (McCulloch v MD)
Reserved: powers not delegated to the national government are reserved to the states (10th amendment) |
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What was the importance of Heart of Atlanta Motel v. U.S.?
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Congress may remove any obstructions to the flow of interstate commerce. Hotels and motels are a part of commerce.
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What was the importance of South Dakota v. Dole?
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Is it permissible for the federal government to place conditions on states that accept federal funds? Must South Dakota raise the legal age for consuming alcohol from 18 to 21 if it wants all of its highway funds? Answer: Congressional power to spend money allows Congress to set the rules.
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What is the two-step process required in the impeachment of a President?
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Majority vote in the house brings up charges, 2/3 vote by senate confirms.
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Which Supreme Court case first recognized the doctrine of implied powers?
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McCulloch v Maryland
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What did the Supreme Court say about Dred Scott’s citizenship claim?
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Citizenship was for those who were citizens when the Constitution took effect. Dred Scott was a slave (not free) and a Negro (not citizen when Const. was enacted)
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The right of “consenting adults” to engage in sexual acts was upheld in what case?
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Lawrence v Texas
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What is “selective incorporation?” How does it work?
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When the Supreme Court finds a right to be “fundamental,” it will consider it to be a “liberty” as described in the 14th Amendment’s due process of law clause. “Nor shall any state deprive a person of life, LIBERTY, or property without due process of law”. States would have to abide by the Bill of Rights in those cases.
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What does the exclusionary rule do?
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It is a method of enforcing the 4th amendment. It states that any materials seized in violation of the provisions of the 4th Amendment may not be introduced as evidence in a trial and is designed to prevent wrongdoing by police. Established by Supreme Court in Weeks v. US (1914).
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What are the specific requirements of the 4th Amendment concerning search warrants?
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But upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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Who must bear the burden of proof in “rational scrutiny?” In “strict scrutiny?”
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Rational: Plaintiff, only a rational basis of law must be proven
Strict: State, must be a compelling state interest to prevail (plaintiff only needs to show purposeful discrimination) |
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What constitutional protections were announced in Miranda v. Arizona?
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Right to remain silent, any statement can and will be used against you, right to presence of an attorney, may waive these rights knowingly, voluntarily, and intelligently.
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When do the courts use “heightened scrutiny?”
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Used in gender related cases, such as Craig v. Boren 1976. Sex-based classifications must serve important governmental objectives and must be substantially related to achievement of those objectives. More than rational scrutiny, less than strict scrutiny.
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What limits have the courts allowed to be placed on abortion rights?
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Location of abortions – hospitals, 24 hour waiting period, Mandatory counseling, Parental notification for minors. (Spousal notification struck down).
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Who said that censorship of ideas is wrong because censored ideas may be true and the majority opinion may be in error?
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John Stuart Mills
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Who said that restrictions on an open press were wrong because they were used by tyrants not deserving allegiance or respect?
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John Milton
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What was the significant ruling in Roe v. Wade?
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Court rules that the Texas law violates the constitutionally protected right of privacy. The constitutionally protected “right of privacy” includes the woman’s decision to have an abortion, subject to certain qualifications. First Trimester – the woman’s right (along with her doctor) is unrestricted. Second Trimester – the state’s interest is increased to allow regulation and limitation of abortions. Third Trimester – the state may regulate and/or prohibit abortions except in cases necessary to protect the life of the mother.
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Planned Parenthood v. Casey did not allow which restriction on abortion?
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Spousal notification.
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What was the significant ruling in Gideon v. Wainnwright?
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Right to counsel is fundamental in felony cases.
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Compare “strict” and ‘rational” scrutiny.
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Strict- state must prove a ‘compelling state interest’ to uphold charges/whatever
Rational- state must only provide a rational basis of the law |
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What did the Supreme Court rule in Zelman v. Simmons-Harris?
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Upholds state’s voucher program for private (including religious) schools.
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Which Supreme Court case upheld the right of students to protest a political issue?
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Tinker v Des Moines School (jr. high kids wear armband against Vietnam).
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Which Supreme Court case upheld the right of a person to burn the American flag?
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Texas v Johnson
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What are the Miller v. California requirements for obscenity?
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Roth Standard. (Average person, contemporary community standards, dominant theme of material, prurient interest in sex) Must lack ‘serious literary, artistic, political, or scientific value’
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How can public officials collect damages for libel?
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There must be an obvious, actual act of malice to collect damages.
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Who wrote the Memorial and Remonstrance against Religious Assessments?
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James Madison
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What is the “child-benefit” theory?
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Upholding things such as school bus transportation, hot meals for kids, free textbooks, etc., even if at religious schools.
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What is actual malice? Simple malice?
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Actual: defamatory falsehood made ‘knowingly, deliberately, maliciously’
Simple: defamatory falsehood made in ‘good faith’ |
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What was the importance of Engel v. Vitale?
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Unconstitutional for state officials to compose prayer/require recitation in public school.
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What is the “Lemon Test?”
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In order for aid to be permissible: 1. Purpose of aid must be secular. 2. Effect of aid on religion must be neutral. 3. Aid must not create "excessive entanglement" between Church and State.
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What do we mean by “Equal Access?”
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ALL public facilities must allow ALL groups a right to gather (Widmar v. Vincent).
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Can the Ten Commandments be displayed on public property?
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Van Orden v. Perry- Yes, b/c it is among many other things on state capitol grounds.
McCreary County v. ACLU- No, b/c it is all alone on a wall when you walk in. |
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What are the three theories of the Establishment Clause noted in the textbook?
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1. Strict separation/no aid theory—incorporates Jefferson’s “wall of separation” and reflects division between religious and secular authority. 2. Governmental neutrality theory—the government is neutral when religion is in public order. It maintains that government do nothing to either aid or hamper religion. 3. Government accommodation theory—when referring to Americans as “religious people”. Only some form of secular accommodation of religion can reconcile the inherent clash between the two religion clauses of the First Amendment.
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What was the Virginia Plan? Great Compromise?
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Virginia Plan- By James Madison, called for central government with bicameral congress- *Representation based on state population*
Great Compromise- (senate) house equal representation, (H.o.R.) based on population |
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What are enumerated powers? What are implied powers? Reserved powers?
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Enumerated: federal powers specifically mentioned in the constitution
Implied: federal powers not specifically delegated by the Constitution but can be reasonably inferred through ‘necessary and proper’ clause (McCulloch v MD) Reserved: powers not delegated to the national government are reserved to the states (10th amendment) |
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What was the “Revolution of 1937”?
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Roosevelt attempt to reorganize SC in order to push New Deal legislation, Revolution is when the Supreme Court began changing its minds on all his legislation.
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What is “heightened scrutiny?” When is it used?
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Used in gender related cases, such as Craig v. Boren 1976. Sex-based classifications must serve important governmental objectives and must be substantially related to achievement of those objectives. More than rational scrutiny, less than strict scrutiny.
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What is a writ of certiorari?
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An order a higher court issues in order to review the decision and proceedings in a lower court and determine whether there were any irregularities.
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What is executive privilege? What did Nixon v. U.S. say about it?
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The right of the president and other top officials to withhold information from congress. Nixon v US said nope, not in this case. Nixon required to hand over the tapes.
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Miranda v. Arizona.
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He has the right to remain silent, Any statement he makes may be used as evidence against him, He has the right to presence of an attorney, either retained or appointed, He may waive these rights voluntarily, knowingly, and intelligently.
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How do we amend the U.S. Constitution?
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To add amendments, a 2/3 vote by both houses of congress are needed.
Once bill passes houses, it goes to states where we need 3/4 of them to pass it. 27 amendments currently. |
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What are the different types of opinions written by Supreme Court justices?
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1. Per curiam-a decision delivered via an opinion issued in the name of the Court rather than specific judges.
2. Majority-decision agreed to by more than half of the members of the court. 3. Concurring-a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different reasons as the basis for his or her decision 4. Dissenting-opinion in a legal case written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. Can be from one minority or several individual ones. |
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What is federalism?
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The constitutional division of powers between two different LEVELS of government.
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What was the “Great Society?” What was the “New Deal?”
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Great Society: LBJ, war on poverty, head start (children), food stamps, health care
New Deal: FDR, new federal agencies and massive increase in employment in US |
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What were John C. Calhoun’s key ideas?
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Nullification, state possess complete sovereignty over the constitution.
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What was the ruling in Kelo v. New London?
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Expands meaning of ‘public use’- economic development plan to revitalize city is ok.
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What is eminent domain?
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Government’s power to “take” private property for public use. 5th amendment requires that the “taking” must be for “public use” and accompanied by “just compensation”.
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What was the Sherman Anti-Trust Act?
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Made illegal any monopoly that restrained trade.
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Who was Frederick Douglass and what did he talk about?
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He was an ex-slave who became a leader of the abolitionist movement. Was a great speaker and writer.
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What are the Constitutional requirements for search warrants?
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In the 4th amendment ... But upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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What is the doctrine of selective incorporation? Which Amendment and Clause are used to make selective incorporation work?
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Doctrine states that not all rights are applied to the states. When the Supreme Court finds a right to be “fundamental,” it will consider it to be a “liberty” as described in the 14th Amendment’s due process of law clause. “Nor shall any state deprive a person of life, LIBERTY, or property without due process of law”. States would have to abide by the Bill of Rights in those cases.
4th Amendment and the Exclusionary Rule: Mapp v Ohio Right to counsel: Gideon v Wainwright Protection against self-incrimination: Miranda v Arizona Right to trial by jury: Duncan v La |
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“It may be argued that Congress could have pursued other methods to eliminate the obstructions it found in interstate commerce caused by racial discrimination. But this is a matter of policy that rests entirely with the Congress, not with the courts. How obstructions in commerce may be removed—what means are to be employed—is within the . ... discretion of the Congress.”
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Atlanta Motel v United States
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“But the great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others. . . . Ambition must be made to counteract ambition.”
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Federalist 51
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“Today . . . there can be no doubt that the Fifth Amendment privilege (self-incrimination) is available outside of criminal court proceedings, and serves to protect persons in all settings in which their freedom of action is curtailed in any significant way . . . .
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Miranda Warning
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"The right . . . to counsel may not be deemed fundamental and essential to fair trials in some countries, but it is in ours."
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Gideon v Wainwright
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