1st exam notes Flashcards
Who wrote the Declaration of Independence?
Thomas Jefferson
Who said “man is endowed by His creator?”
John Locke
What is the 1st written constitution?
Articles of Confederation
Which amendment provided a route for newly emancipated blacks to go after states?
Amendment 14
What is in Amendment 14?
- Due process clause (fundamental fairness)
- Equal protection
- Privileges and immunities
Jim Crow laws
Separated out the races; segregated facilities, etc.
Plessy v. Ferguson (1896) importance
Established separate but equal; Ferguson won because he argued that the separation was to keep public peace; it was rational
Rational scrutiny
Test used by the court when they are looking at the constitutionality of laws; must be deemed rational
Sweatt v. Painter (1950) importance
For the first time, the SC upheld the equality portion of the separate but equal doctrine
Stare decisis
Latin for “let the decision stand”; precedent case guides other cases
Thurgood Marshall
Represented Sweatt; head of NAACP; 1st black associate justice
Brown v. Board of Education (1954) importance
Desegregated public schools because segregation itself is unequal ; SC abandoned stare decisis (Plessy v. Ferguson)
Swann v. CMISD (1971)
1st time SC approved busing to encourage desegregation
What does the Articles of Confederation focus on?
State sovereignty
Confederacy
Loose alliance of states; power rests on states
4 major problems of A.o.C
Currency, taxation, foreign policy and infrastructure
What do federalists want?
Stronger national government, take power away from states
What do antifederalists want?
States rights
When was the constitution ratified?
1789
3 branches of government
Legislative, executive, and judicial
4 features of the constitution
- Preamble
- Ideological statement and belief and values
- Power map (article 1, 2, 3 = leg, ex, jud)
- Bill of rights and article 4 = amendatory article
What resulted from the case Marbury v. Madison?
Established the power of judicial review
Judiciary act of 1789
Created the basic backbone structure of one of the lower federal court systems
Jurisdiction
Ability of a court to hear a certain case
Original jurisdiction
Hear issues of fact; district courts
Appellate
Hear issues of law; court of appeals
What controls the court of appeals and district courts?
Congress
What controls the Supreme Court?
Constitution
How many circuit appeals (court of appeals) are there?
12
What jurisdiction does the Supreme Court have?
Both appellate and original jurisdiction
What controls the appellate jurisdiction?
Congress
What controls the original jurisdiction?
Constitution
Writ of certiorari (1925)
Formal request for SC to hear your case, this is how cases pass to SC; must be an issue of controversy
Who appoints the federal judge?
Nominated by president and approved by senate
Judiciary act of 1801
Added more lower federal courts
Who took over John Adams?
Thomas Jefferson
Who was the secretary that John Adams appointed as chief justice?
John Marshall
Judiciary act of 1789, section 13
The SC in its original jurisdiction issue a writ of mandamus
Writ of mandamus
Request to do what you’re supposed to do
How did Marbury filed his case?
Under section 13 of the judiciary act of 1789
Judicial review
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
Aristotelian conception of higher law
Constitutional law is higher than human law
Which articles did John Marshall use to rule the case of Marbury v.Madison?
Article 3 and 6
What is in article 6?
Contains the supremacy clause
Supremacy clause
Constitution is the supreme law
Missouri compromise (1820)
An attempt to keep representation in congress equal
Importance of Dred Scott v. Sanford
Stroke down the Missouri compromise, and it triggered the Civil war; was responsible for the 3 civil war amendments
3 civil war amendments
Amendment 13 - abolished slavery
14- first constitutional amendment to directly affect the authority of the states
15- right to vote regardless of race
Lawrence v. Texas
Abandoned Stare decisis;
Struck down Texas sodomy law
