Reading...
Play button
Play button
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;
85 Cards in this Set
- Front
- Back
|
Federalism (general definition)
|
Multiple levels of government
|
|
|
Declaration of Independence (date)
|
1776
|
|
|
Articles of Confederation (date)
|
1781
|
|
|
Federal Convention of ____ in Philidelphia
|
1787 - May
|
|
|
Constitution of U.S. proposed in
|
1787 - September
|
|
|
Constitution Ratified (date)
|
1788
|
|
|
1st congress elected (date)
|
November 1788
|
|
|
3 important things that happened in 1789
|
-First Congress convened
-President Washington elected and inaugurated -Judiciary Act of 1789 passes into law |
|
|
Year Bill of Rights was ratified
|
1791
|
|
|
When Jefferson wrote the constitution he wrote with an emphasis on
|
popular rule and objection to british rule
|
|
|
Anti-Federalists opposed
|
the ratification of the constitution
|
|
|
The Declaration of Independence is Liberal, Republican and Effective in that
|
Liberal: secures individual rights
Republican: Derives power from consent Effective: Energetic and stable |
|
|
Defects in State Government after 1776
|
-Legislative Supremacy
-Individual rights trampled by the "community" -Conflicts Between the States |
|
|
Defects of the Confederation
|
-Represents the states, not the people
-One state, one vote -Unanimous amendment -Article II: State Sovereignty |
|
|
Supremacy Clause
|
Federal laws overrule state laws
|
|
|
The legitimacy of the Confederate government was lost in the eyes of the people because
|
the people did not directly form it
|
|
|
Annapolis Convention of 1786
|
-Virginia and Maryland have a dispute and invite the other states to decide how congress can regulate interstate commerce
-They issue an invitation to Philadelphia -Only 5 states showed up but they pretended like it was a success |
|
|
Shays Rebellion
|
-blocked courthouses to stop debt collection
-Massachusetts did not want to attack them, the federal govt could not afford to stop them, private citizens hired an army to stop them |
|
|
Sometimes called the father of the Constitution
|
James Madison
|
|
|
Responsible for the Virginia Plan
|
James Madison
|
|
|
Kept notes of the constitutional debates, but did not allow them to be published until all of the delegates had died
|
James Madison
|
|
|
Drafted Bill of Rights and formed first executive agencies
|
James Madison
|
|
|
Author of the constitution
|
Gouverneur Morris
|
|
|
Penman of the committee on style of the constitution
|
Gouverneur Morris
|
|
|
Second to Madison in the constitutional debates
|
Gouverneur Morris
|
|
|
Created the Electoral College and had a sophisticated view of separation of powers
|
Gouverneur Morris
|
|
|
James Wilson
|
-one of the 1st justices of the supreme court
- |
|
|
Unitary vs. Federal vs. Confederal
|
Unitary: People directly give the nat'l gov't power
Confederal: People give the states power, the states give the nat'l gov't power Federal: People directly give power to both the nat'l and state govt's |
|
|
Plan which had a popular basis
|
Virginia Plan
|
|
|
The Virginia plan was based on popular basis which meant that
|
the number of representatives for each state was based on population of financial contribution to the nat'l gov't
|
|
|
The _______ Plan proposed that the the constitution be submitted to the people for ratification
|
Virginia
|
|
|
The ______ Plan favored executive independence, Judicial independence, and a Bicameral legislature
|
Virginia
|
|
|
Plan which did not want a new constitution, just wanted to amend the Articles of Confederation
|
New Jersey Plan
|
|
|
Plan that wanted to maintain the status quo but add the executive branch with enforcement power
|
New Jersey Plan
|
|
|
Characteristics of Hamilton Plan
|
-Nat'l election of executive and legislature
-Strong Judiciary |
|
|
List of Federalists in the ratification debates
|
James Madison
John Marshall James Wilson Alexander Hamilton Robert Livingston John Jay |
|
|
Federalist 78 main points
|
-Judicial Review is implicit in constitutional gov't
-The constitution is fundamental law |
|
|
Marbury vs. Madison overview
|
-William Marbury appointed to Justice of Peace
-James Madison would not deliver commission to Marbury -John Marshall was the chief justice in the case and was also previously the secretary of state who was in charge of delivering the commission to Marbury |
|
|
Marbury vs. Madison outcome and rationale
|
-Marbury has a right to the position
-A writ of mandamus can be ordered to fix the problem -Although the judiciary act of 1789 allows the supreme court to issue the writ, the supreme court decides they cannot issue the writ because it is not within the courts original jurisdiction issued by the constitution, the constitution overrules all other laws |
|
|
Eakin vs. Raub
|
-Judiciary only deals with legislative laws and not the constitution directly
-Judicial review is limited to a few cases: 1) Over state laws under the U.S. constitution 2) Explaining judicial powers 3) Determining conformity of legislation to constitutional procedures |
|
|
Boerne vs. Flores outcome and reasoning
|
-the government can pass a law that puts a burden on religion as long as it is a generally applicable law
-RFRA is pro-religion, and therefore unconstitutional |
|
|
Pacifus is
|
Hamilton
|
|
|
Helvidius is
|
Madison
|
|
|
Federalist 51 is written by ______ and says that the purpose for separation of powers is
|
Madison
restraint, in that it obliges the gov't to control itself and prevents concentration of powers |
|
|
Federalist 70-71 are written by _____ and say that the purpose for separation of powers is
|
Hamilton
Energy, in that it enables the gov't to control the governed and creates efficient execution |
|
|
Article II addresses
|
Executive powers
|
|
|
Article II section I says
|
"The executive power shall be vested in a president of the U.S."
|
|
|
As Pacifus, Hamilton argues
|
in favor of a Neutrality Proclamation, saying that the president is in charge of foreign policy
|
|
|
As Helvidius, Madison argues
|
against the Neutrality Proclamation, saying that treaties are laws which the president is held to
|
|
|
U.S. vs. Curtiss-Wright overview
|
-Curtiss-Wright accused of selling arms to Bolivia, which is against the law
-Curtiss-Wrights argues that Executive proclamations are only valid for foreign policy, therefore they are exempt inside the U.S. |
|
|
Decision in U.S. vs. Curtiss-Wright and rationale
|
Court finds in favor of U.S. Says that the matter falls into the category of foreign policy and the president has ultimate control of foreign policy
-Says president is limited by the enumeration of powers in domestic policy, but unlimited in foreign policy power |
|
|
Ex Parte Milligan ruling
|
Court ruled that military tribunals could not try civilians in areas where civil courts were open, even during times of war
|
|
|
Youngstown vs. Saywer outcome and rationale
|
Court says that the seizure of steel mills by the president is not constitutional b/c the power is not authorized in the constitution
-this maintains a foreign/domestic dichotomy |
|
|
Ex Parte Milligan overview
|
-Milligan sentenced to be hanged
-he appeals to the court -court says he cannot be hanged because it is not part of the executive power |
|
|
Hamdi vs. Rumsfeld overview
|
-Hamdi, a U.S. citizen, is captured in Afghanistan fighting against the U.S.
-He is shipped back to the U.S. and held indefinitely by the president -Court says that the president is allowed to do this, but because hamdi is a U.S. citizen, hamdi must be able to go before a "neutral decision maker" to challenge his status of "enemy combatant" |
|
|
Executive Privilege
|
The power claimed by the President of the United States and other members of the executive branch to resist certain subpoenas and other interventions by the legislative and judicial branches of government
|
|
|
John Jay
|
Washington's representative in London to settle a new treaty after the American Revolution
|
|
|
Washington's message to the house in response to the request from congress for notes concerning the Jay Treaty negotiations
|
The nature of foreign negotiations requires caution, and their success must often depend on secrecy; these necessities are reason for the president having the power to make treaties
|
|
|
Two court cases in which the Supreme Court finds against the President but still recognize executive privliege
|
Watergate vs. Nixon
and Clinton vs. Jones |
|
|
Decision and rationale in Watergate vs. Nixon
|
Court finds against Nixon because Nixon does not place his claim of Executive Privilege on the ground they are military or diplomatic secrets and because it is unconstitutional to withhold evidence that is relevant to a criminal court
|
|
|
Decision in Clinton vs. Jones and rationale
|
Court finds against Clinton: presidential immunity would apply only if the President could show that a private civil lawsuit would somehow interfere with the President's constitutionally-assigned duties.
-that is, executive privilege only protects official conduct |
|
|
The Supremacy Clause
|
Says that the U.S. Constitution is the supreme law of the land and always supersedes state laws even when they are in conflict
|
|
|
The Necessary and Proper Clause
|
Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers
|
|
|
10th Amendment
|
The powers not granted to the national government nor prohibited to the states are reserved to the states or the people
|
|
|
Purpose of Hamilton's economic program
|
to nationalize and commercialize the economy
|
|
|
Three components of Hamilton's economic program
|
-First report on public credit
-Second report on public credit -Report on manufacturers |
|
|
Who opposed Hamilton's economic program
|
Jefferson (and Madison)
|
|
|
Jefferson strict construction says that necessary means
|
indispensable
|
|
|
Hamiltonian broad construction says that necessary means
|
needful, requisite or useful
|
|
|
McCulloch vs, Maryland overview
|
-Maryland taxes Bank of U.S.
-Court must decide if congress has power to incorporate a bank -Court decides yes citing Hamilton's construction -Court says that Maryland cannot tax the bank because a part may not tax the whole, that is, that by taxing the bank Maryland is taxing the citizens of other states which they cannot do |
|
|
Which state nullified a tarriff and threatened secession
|
South Carolina
|
|
|
South Carolina in its threats of secession relied on John C. Calhoun's theory of state sovereignty which says that
|
States are parties to the constitution, analogizes the constitution to a treaty, states may nullify laws through judges and withdraw from the treaty (Union)
|
|
|
Andrew Jackson issues a nullification proclamation which says
|
-The people are parties to the constitution
-Constitution forms a gov't not a league -Secession is a revolutionary act |
|
|
The first Report on Public Credit advocated
|
-Funding of confederate securities and creation of new national securities
|
|
|
The Second Report on Public Credit advocated
|
-The incorporation of a national bank
|
|
|
The Report on Manufactures advocated
|
-Subsidies to industry
-Import tariffs |
|
|
Jeffersonian strict construction cites what as support for its arguments
|
10th (& 12th) amendment
|
|
|
Jeffersonian strict construction believes that the necessary and proper clause is
|
a limitation on power
|
|
|
The Commerce Clause states that
|
the United States Congress has the power to regulate commerce with foreign nations, among the states, and with the Native American tribes
|
|
|
Marshall defines commerce as
|
the commercial intercourse between nations, parts of nations, in all its branches
-LOOSE definition |
|
|
Marshall defines interstate commerce as
|
that commerce that concerns more states than one
-implies that interstate commerce does not need to cross state lines and can occur within the borders of a single state |
|
|
U.S. vs. E.C. Knight overview
|
-Sugar Trust
-gov't prosecutes -court says that congress may regulate "commerce" but not "production" and finds in favor of E.C. Knight - this Bright Line definition of commerce steeply contrasts with Marshall's very loose definitions of commerce |
|
|
Wickard vs. Filburn overview
|
-Agriculture Adjustment act regulates wheat prouction
-Filburn exceeds production limit but keeps the excess for himself -court finds in favor of Filburn saying that commerce power extends to any activity that exerts a "substantial economic effect on interstate commerce" |
|
|
Heart of Atlanta Motel vs. U.S. overview
|
-congress bans racial discrimination
-hotel says commerce power does not extend to such matters -court finds in favor of U.S. saying that racial discrimination exerts a substantial effect on interstate commerce and therefore falls under congress power to regulate it |
|
|
U.S. vs. Lopez overview
|
-Lopez brings gun to school and is convicted in federal court
-court of appeals reverses Lopez's conviction -supreme court applies "substantial effects" test -supreme court finds in favor of Lopez saying that congress' power to regulate commerce is enumerated and that if congress can regulate schools under commerce power than it can regulate everything under commerce power, which is unconstitutional |
