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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
Q

Taney Court (1836-1864)

A

Dred Scott v. Sandford
-slaves are property and have no rights under constitution
-overturned

25
Q

Reconstruction Era (1865-1874)

A

-Civil War Era
-13th, 14th, 15th amendments
-Strengthened federal authority

26
Q

New Deal Era

A

Great Depression -Franklin D. Roosevelt
Expanded federal authority

27
Q

Warren Era (1953-1969)

A

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
Q

Burger Court

A

Roe V. Wade
Created difficulties for law enforcment

29
Q

Rehnquist Court

A

Protected State Rights
validated Roe v Wade through Casey v Planned Parenthood

30
Q

Roberts Court (2005 - Present)

A

repealed Roe v. Wade
4 women serving currently

31
Q

Necessary and Proper Clause (Article I)

A

Congress has power to take any action they deem necessary to fulfill their mission

32
Q

Commerce Clause (Article I)

A

Congress has power to regulate foreign and interstate commerce (expands realm of federal government)

33
Q

Three Types of Federalism

A

Dual, Hierarchal, Cooperative

34
Q

Dual Federalism

A

Theory that Nat and State govs are equal

34
Q

Hierarchal Federalism

A

Theory that nat gov is supreme over state gov

35
Q

Cooperative Federalism

A

increased interaction and cooperation between state and national governments

36
Q

Preemption Doctrine

A

State laws are invalidated if they interfere or conflict with national legislation

37
Q

Dormant Commerce Clause

A

State law that interferes with interstate commerce are invalidated

38
Q

Eminent Domain

A

Power of Fed Gov to take private property for public use under condition that the property owner is justly compensated

39
Q

Judiciary

A

1 Supreme Court
13 Circuit Appellate Courts
94 district (trial) courts
NJ falls under 3rd circuit appellate court

40
Q

Writ of Certiorari

A

Petition from lower court to a higher court to re-hear a case

41
Q

Rule of 4

A

informal Supreme Court procedure for hearing cases wherein at least four judges must agree to hear a case

42
Q

Ripeness

A

Suit is filed before harm has occurred or is imminent; therefore no active dispute; no jurisdiction; unripe

43
Q

Mootness

A

Disputed issues resolved during litigation
by the time the issue makes it to court the matter has been resolved without judicial input

44
Q

Standing

A

Who can file a claim or suit
Must have a genuine interest in the outcome of the case or have suffered injury

45
Q

Sierra Club v Morton

A

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
Q

Elk Grove v. Newdow (2004)

A

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
Q

The Younger Doctrine

A

Federal Courts defer to state courts before deciding on a federal level

48
Q

Cannon of Constitution

A

Case will be adjudicated without addressing Constitution whenever possible.

49
Q

Originalism
Modernism
Contemporary Literalism
Historical Literalism
Democratic/Normative

A

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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