Ch 1 - 3 Flashcards
Federalists
Believe in strong national government
Anti-Federalists
Believe in strong local government
Federalist Papers
Madison and Hamilton
Philly Convention
Chaired by George Washington
James Madison
Played key role in Constitution and drafted amendments/bill of rights
Separation of Powers
Executive, Judicial, and Legislative
John Locke, Charles Montesque, & Thomas Hobbes
Philosophers from Enlightenment period who held initial principles of separation of powers to avoid tyranny
Virginia Plan
Bi-cameral Congress (2 Houses; Senate and House of Representatives)
Senate
2 for each state (100) - satisfied small states wanting equal voting power
House of Reps
Based on population/Electoral Votes
What states attended the Philly Convention?
All 13 Colonies except Rhode Island
First and Last to ratify Constitution
First - Delaware Last - Rhode Island - NJ - Third
How many amendments are there?
27 Amendments total; 10 Bill of Rights;
Supremacy Clause
Constitutional Authority - Supreme Law of the Land
14th Amendment
Due Process and Equal Rights; applies fed gov laws to states
Habeus Corpus
petition to bring the body of a prisoner before the court
Bill of Attainder
legislative act that inflicts punishment on someone without trial - prohibited by the constitution
Ex Post Facto
“After the Fact” cannot punish someone for something that was not a crime when the act was committed
Judicial Review
Judiciary may invalidate actions of other governmental actors that violate the constitution
Marbury v. Madison
-First Case of Judicial Review
-invalidated federal action to instate Marbury as a judge
-Legislative example of JR
Martin v. Hunter’s Lessee
-Virginia had passed an unconstitutional state law regarding seizure of property
-Precedent from Marbury v Madison
-Supreme Court has authority to review actions of State Courts
-Judiciary example of JR
United States v. Nixon
-Nixon Watergate scandal involving wiretapping to get ahead in re-election campaign
-Supreme Court has authority over presidential actions
-Executive Branch example of JR
Stare Decisis
“the decision stands” If a higher court has already ruled on a case, a lower court judge must defer to the decision of the higher court.
Marshalls Court (1801-1835)
Known for establishing supremacy of nat. gov over states in Marbury v Madison
-Judicial Review established
-Strengthened Federal Authority
Taney Court (1836-1864)
Dred Scott v. Sandford
-slaves are property and have no rights under constitution
-overturned
Reconstruction Era (1865-1874)
-Civil War Era
-13th, 14th, 15th amendments
-Strengthened federal authority
New Deal Era
Great Depression -Franklin D. Roosevelt
Expanded federal authority
Warren Era (1953-1969)
Expanded individual rights such as criminal, miranda, right to council, right to privacy, education.
Griswold V Connecticut (Privacy)
Katz V US (Protected Criminal Rights)
Brown v. Board of Education
-Invalidated separate but equal clause
Burger Court
Roe V. Wade
Created difficulties for law enforcment
Rehnquist Court
Protected State Rights
validated Roe v Wade through Casey v Planned Parenthood
Roberts Court (2005 - Present)
repealed Roe v. Wade
4 women serving currently
Necessary and Proper Clause (Article I)
Congress has power to take any action they deem necessary to fulfill their mission
Commerce Clause (Article I)
Congress has power to regulate foreign and interstate commerce (expands realm of federal government)
Three Types of Federalism
Dual, Hierarchal, Cooperative
Dual Federalism
Theory that Nat and State govs are equal
Hierarchal Federalism
Theory that nat gov is supreme over state gov
Cooperative Federalism
increased interaction and cooperation between state and national governments
Preemption Doctrine
State laws are invalidated if they interfere or conflict with national legislation
Dormant Commerce Clause
State law that interferes with interstate commerce are invalidated
Eminent Domain
Power of Fed Gov to take private property for public use under condition that the property owner is justly compensated
Judiciary
1 Supreme Court
13 Circuit Appellate Courts
94 district (trial) courts
NJ falls under 3rd circuit appellate court
Writ of Certiorari
Petition from lower court to a higher court to re-hear a case
Rule of 4
informal Supreme Court procedure for hearing cases wherein at least four judges must agree to hear a case
Ripeness
Suit is filed before harm has occurred or is imminent; therefore no active dispute; no jurisdiction; unripe
Mootness
Disputed issues resolved during litigation
by the time the issue makes it to court the matter has been resolved without judicial input
Standing
Who can file a claim or suit
Must have a genuine interest in the outcome of the case or have suffered injury
Sierra Club v Morton
Sierra Club Environmental group filed suit to stop Disney from developing an area in California for use as restaurants. Club had not alleged any injury. Found in favor of Morton, stating Sierra Club has no standing.
Elk Grove v. Newdow (2004)
Newdow is an atheist, and his daughters public school required students to speak the pledge of allegiance which contains the phrase “under god” argued it violates first amendment right to freedom of religion. District found in favor of school; appellate court upholds. Newdow lacked standing.
The Younger Doctrine
Federal Courts defer to state courts before deciding on a federal level
Cannon of Constitution
Case will be adjudicated without addressing Constitution whenever possible.
Originalism
Modernism
Contemporary Literalism
Historical Literalism
Democratic/Normative
Originalism - original intent of law by framers
Modernism - interpreted for todays world
Contemporary Literalism - interpreted wording with respect to modern world
Historical Literalism - interpreted wording with respect to historical context
Democratic/Normative - interpreted to reinforce democracy
