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Law and Human Rights > Ch 1 - 3 > Flashcards

Ch 1 - 3 Flashcards

1
Q

Federalists

A

Believe in strong national government

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2
Q

Anti-Federalists

A

Believe in strong local government

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3
Q

Federalist Papers

A

Madison and Hamilton

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4
Q

Philly Convention

A

Chaired by George Washington

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5
Q

James Madison

A

Played key role in Constitution and drafted amendments/bill of rights

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6
Q

Separation of Powers

A

Executive, Judicial, and Legislative

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7
Q

John Locke, Charles Montesque, & Thomas Hobbes

A

Philosophers from Enlightenment period who held initial principles of separation of powers to avoid tyranny

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8
Q

Virginia Plan

A

Bi-cameral Congress (2 Houses; Senate and House of Representatives)

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9
Q

Senate

A

2 for each state (100) - satisfied small states wanting equal voting power

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10
Q

House of Reps

A

Based on population/Electoral Votes

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11
Q

What states attended the Philly Convention?

A

All 13 Colonies except Rhode Island

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12
Q

First and Last to ratify Constitution

A

First - Delaware Last - Rhode Island - NJ - Third

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13
Q

How many amendments are there?

A

27 Amendments total; 10 Bill of Rights;

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13
Q

Supremacy Clause

A

Constitutional Authority - Supreme Law of the Land

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14
Q

14th Amendment

A

Due Process and Equal Rights; applies fed gov laws to states

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15
Q

Habeus Corpus

A

petition to bring the body of a prisoner before the court

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16
Q

Bill of Attainder

A

legislative act that inflicts punishment on someone without trial - prohibited by the constitution

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17
Q

Ex Post Facto

A

“After the Fact” cannot punish someone for something that was not a crime when the act was committed

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18
Q

Judicial Review

A

Judiciary may invalidate actions of other governmental actors that violate the constitution

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19
Q

Marbury v. Madison

A

-First Case of Judicial Review
-invalidated federal action to instate Marbury as a judge
-Legislative example of JR

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20
Q

Martin v. Hunter’s Lessee

A

-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

21
Q

United States v. Nixon

A

-Nixon Watergate scandal involving wiretapping to get ahead in re-election campaign
-Supreme Court has authority over presidential actions
-Executive Branch example of JR

22
Q

Stare Decisis

A

“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.

23
Q

Marshalls Court (1801-1835)

A

Known for establishing supremacy of nat. gov over states in Marbury v Madison
-Judicial Review established
-Strengthened Federal Authority

24
Taney Court (1836-1864)
Dred Scott v. Sandford -slaves are property and have no rights under constitution -overturned
25
Reconstruction Era (1865-1874)
-Civil War Era -13th, 14th, 15th amendments -Strengthened federal authority
26
New Deal Era
Great Depression -Franklin D. Roosevelt Expanded federal authority
27
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
28
Burger Court
Roe V. Wade Created difficulties for law enforcment
29
Rehnquist Court
Protected State Rights validated Roe v Wade through Casey v Planned Parenthood
30
Roberts Court (2005 - Present)
repealed Roe v. Wade 4 women serving currently
31
Necessary and Proper Clause (Article I)
Congress has power to take any action they deem necessary to fulfill their mission
32
Commerce Clause (Article I)
Congress has power to regulate foreign and interstate commerce (expands realm of federal government)
33
Three Types of Federalism
Dual, Hierarchal, Cooperative
34
Dual Federalism
Theory that Nat and State govs are equal
34
Hierarchal Federalism
Theory that nat gov is supreme over state gov
35
Cooperative Federalism
increased interaction and cooperation between state and national governments
36
Preemption Doctrine
State laws are invalidated if they interfere or conflict with national legislation
37
Dormant Commerce Clause
State law that interferes with interstate commerce are invalidated
38
Eminent Domain
Power of Fed Gov to take private property for public use under condition that the property owner is justly compensated
39
Judiciary
1 Supreme Court 13 Circuit Appellate Courts 94 district (trial) courts NJ falls under 3rd circuit appellate court
40
Writ of Certiorari
Petition from lower court to a higher court to re-hear a case
41
Rule of 4
informal Supreme Court procedure for hearing cases wherein at least four judges must agree to hear a case
42
Ripeness
Suit is filed before harm has occurred or is imminent; therefore no active dispute; no jurisdiction; unripe
43
Mootness
Disputed issues resolved during litigation by the time the issue makes it to court the matter has been resolved without judicial input
44
Standing
Who can file a claim or suit Must have a genuine interest in the outcome of the case or have suffered injury
45
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.
46
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.
47
The Younger Doctrine
Federal Courts defer to state courts before deciding on a federal level
48
Cannon of Constitution
Case will be adjudicated without addressing Constitution whenever possible.
49
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

Law and Human Rights (3 decks)

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