1st exam notes

Question 1

Who wrote the Declaration of Independence?

Answer 1

Thomas Jefferson

Question 2

Who said “man is endowed by His creator?”

Answer 2

John Locke

Question 3

What is the 1st written constitution?

Answer 3

Articles of Confederation

Question 4

Which amendment provided a route for newly emancipated blacks to go after states?

Answer 4

Amendment 14

Question 5

What is in Amendment 14?

Answer 5

1. Due process clause (fundamental fairness)
2. Equal protection
3. Privileges and immunities

Question 6

Jim Crow laws

Answer 6

Separated out the races; segregated facilities, etc.

Question 7

Plessy v. Ferguson (1896) importance

Answer 7

Established separate but equal; Ferguson won because he argued that the separation was to keep public peace; it was rational

Question 8

Rational scrutiny

Answer 8

Test used by the court when they are looking at the constitutionality of laws; must be deemed rational

Question 9

Sweatt v. Painter (1950) importance

Answer 9

For the first time, the SC upheld the equality portion of the separate but equal doctrine

Question 10

Stare decisis

Answer 10

Latin for “let the decision stand”; precedent case guides other cases

Question 11

Thurgood Marshall

Answer 11

Represented Sweatt; head of NAACP; 1st black associate justice

Question 12

Brown v. Board of Education (1954) importance

Answer 12

Desegregated public schools because segregation itself is unequal ; SC abandoned stare decisis (Plessy v. Ferguson)

Question 13

Swann v. CMISD (1971)

Answer 13

1st time SC approved busing to encourage desegregation

Question 14

What does the Articles of Confederation focus on?

Answer 14

State sovereignty

Question 15

Confederacy

Answer 15

Loose alliance of states; power rests on states

Question 16

4 major problems of A.o.C

Answer 16

Currency, taxation, foreign policy and infrastructure

Question 17

What do federalists want?

Answer 17

Stronger national government, take power away from states

Question 18

What do antifederalists want?

Answer 18

States rights

Question 19

When was the constitution ratified?

Answer 19

1789

Question 20

3 branches of government

Answer 20

Legislative, executive, and judicial

Question 21

4 features of the constitution

Answer 21

1. Preamble
2. Ideological statement and belief and values
3. Power map (article 1, 2, 3 = leg, ex, jud)
4. Bill of rights and article 4 = amendatory article

Question 22

What resulted from the case Marbury v. Madison?

Answer 22

Established the power of judicial review

Question 23

Judiciary act of 1789

Answer 23

Created the basic backbone structure of one of the lower federal court systems

Question 24

Jurisdiction

Answer 24

Ability of a court to hear a certain case

Question 25

Original jurisdiction

Answer 25

Hear issues of fact; district courts

Question 26

Appellate

Answer 26

Hear issues of law; court of appeals

Question 27

What controls the court of appeals and district courts?

Answer 27

Congress

Question 28

What controls the Supreme Court?

Answer 28

Constitution

Question 29

How many circuit appeals (court of appeals) are there?

Answer 29

12

Question 30

What jurisdiction does the Supreme Court have?

Answer 30

Both appellate and original jurisdiction

Question 31

What controls the appellate jurisdiction?

Answer 31

Congress

Question 32

What controls the original jurisdiction?

Answer 32

Constitution

Question 33

Writ of certiorari (1925)

Answer 33

Formal request for SC to hear your case, this is how cases pass to SC; must be an issue of controversy

Question 34

Who appoints the federal judge?

Answer 34

Nominated by president and approved by senate

Question 35

Judiciary act of 1801

Answer 35

Added more lower federal courts

Question 36

Who took over John Adams?

Answer 36

Thomas Jefferson

Question 37

Who was the secretary that John Adams appointed as chief justice?

Answer 37

John Marshall

Question 38

Judiciary act of 1789, section 13

Answer 38

The SC in its original jurisdiction issue a writ of mandamus

Question 39

Writ of mandamus

Answer 39

Request to do what you’re supposed to do

Question 40

How did Marbury filed his case?

Answer 40

Under section 13 of the judiciary act of 1789

Question 41

Judicial review

Answer 41

Power of the courts to review and declare unconstitutional acts of national legislature, state legislature, executive orders and to overturn state court decisions = courts can say “no” to states

Question 42

Aristotelian conception of higher law

Answer 42

Constitutional law is higher than human law

Question 43

Which articles did John Marshall use to rule the case of Marbury v.Madison?

Answer 43

Article 3 and 6

Question 44

What is in article 6?

Answer 44

Contains the supremacy clause

Question 45

Supremacy clause

Answer 45

Constitution is the supreme law

Question 46

Missouri compromise (1820)

Answer 46

An attempt to keep representation in congress equal

Question 47

Importance of Dred Scott v. Sanford

Answer 47

Stroke down the Missouri compromise, and it triggered the Civil war; was responsible for the 3 civil war amendments

Question 48

3 civil war amendments

Answer 48

Amendment 13 - abolished slavery
14- first constitutional amendment to directly affect the authority of the states
15- right to vote regardless of race

Question 49

Lawrence v. Texas

Answer 49

Abandoned Stare decisis;

Struck down Texas sodomy law