American Government Flashcards
Federalist the constitution or bill of ‘’’'’rights
fedralist 48
Reestablished two party system created nomination conversion nominated candidation were held to part standard election were about party principles
Martin van bureau eight president
prevent misconstruction or abuse of constitutional powers declamatory and restrictive clauses ensures public confidence in government
preamble
individual natural rights rights to self government within states
theory of the ninth amendment retain rights encompass
violation of the taking clause by fifth amendment modifies waterways plaintiff wharfs unusable
barrow v Baltimore
no bill of rights was no intended for state local government constitution is designed for the federal government not states
Chief Justice John Marshall
key elements citizenship requirement restrictions on the states legal community wants incorporate the bill of rights options for constraining state privilege and immunities clause due process clause incorporation supporters redefine the constitution privileges and immunities clause nothing ore than the bill of rights this clause absorbs the bill of rights and obliges states
14th amendment
new Orlando creates slaughter house claims involuntary servitude abridge privilege and immunities denied equal protection violated due process
slaughter house case
fifth amendment protect fundmenental rights from government interference fifth federal government fourteenth state government
substantive due process
free from government infusion into ones personal life especially within the bounds of ones home
18th centurey common law concept
Connecticut prevent use of contraception for married couple licensed physical arrested and charged with violating th law
grisworld v connedicut
1970 right of privacy extended to unmarried couples
the sexual revolution
women can discuss medical decision Supreme Court creates a framework for when
abortion
supreme court faced with declaring congressional act unconstituional can a presidential administration could alter federal courts
stared v laird
appointed a justic of the peach in dc commission likely signed and sealed but no deliver Marbury seeks a write of meandmus form the Supreme Court
William Marbury
passed to set up federal judiciary
judiciary act of 1789
mankind naturally has individual rights
John locke
ability to poser oneself
legislature