Chapter 1 Flashcards
What is the Constitution?
A framework that states the most fundamental principles, political and legal values of a nation.
What influenced the US Constitution.
US Constitution was heavily influenced by experiences the Founding Fathers underwent while subjects of the British Government as Colonists.
How can Constitutions differ from nation to nation?
Some are heavily influenced by religion (Ex. Taliban in Afghanistan)
Some are established simply to permit one faction/group to dominate government (Ex. Former apartheid constitutions in South Africa)
Social Compact
People exchange absolute liberty in favor of security and rules which allow a functional society to operate.
Why do we need government?
It would be nearly impossible for an organized society to survive without government.
How would be regulate trade and commerce, decide rules to live by, who is the owner of property or a business, if or how we punish people for violating the rules of society, etc.
Imagine if we did not have government to enforce rules. Would enforcement of rules be who is the stronger person or who has the bigger weapon?
What led to the revolutionary war.
The combination of all these rights being taken away and the taxes that the British Government imposed
Why did the articles of confederation fail.
Because the States wanted to retain as much independence as possible, they limited national power, but this made the Federal Government ineffective and unworkable.
(Many states had their own currency, states charged tariffs for goods from other states or other countries, most of the states had independent navies, federal government had little taxing authority and could not tax individuals of any state, etc.)
Judicial Review
Doctrine provides that judiciary may invalidate actions of other governmental actors that violate the Constitution.
In essence, the Judiciary makes final decision or what is consistent and what is inconsistent with the terms of the Constitution.
Note – Nothing in the Constitution specifically gives the Judiciary this power.
Marbury v Madison (1803) results.
Marbury sued Madison in the Supreme Court to get his commission via a writ of mandamus. Under Justice John Marshall, the Court specifically held that the provision in the Judiciary act of 1789 granting the Supreme Court the power to issue a writ of mandamus by Congress was unconstitutional.
The Supreme Court could not mandate something that was null and void, a writ of mandamus cannot be issued. and Marbury loses.
Issue of Marbury v Madison
The case arose from a dispute over undelivered commissions for “midnight judges” appointed by outgoing President John Adams
Anti-Federalists
A person or party who opposes the establishment of a strong, centralized government in favor of local control
Impact of Marbury v MAdison
Marbury v Madison had a profound effect on how our government functions, especially the role of the Courts. It established:
1) The Concept of Judicial review - that the courts would have the power to review the language of laws/statutes and interpret laws.
2) The Courts would have the power to determine if a statute/law was consistent with the constitution or was unconstitutional and could not be enforced.
Alien and Sedition Acts
Four federal laws that were enacted in 1798: Naturalization Act, Alien Friends Act, Alien Enemies Act, and Sedition Act. Enacted in anticipation of war with France, the laws required alien registration, empowered the president to deport all aliens from nations that were at war with the United States, empowered the president to deport any alien deemed dangerous, and made it a crime for any person to speak or write falsely, maliciously, or scandalously about the federal government or its high officers. Enacted during the Adams administration and supported by Federalists, including Alexander Hamilton, the acts were controversial and bitterly opposed by Republicans, including Thomas Jefferson and James Madison. The Naturalization Act was repealed, and the other acts sunset early in the 1800s. Jefferson pardoned everyone convicted under the laws, most of whom were newspaper editors with Republican political views.
Ex post facto laws
Laws making a person criminally liable for an act that was not criminal at the time it was committed. The Constitution prohibits both Congress and the states from enacting such laws.
Federalists
People or party who support a strong, centralized government.
Judicial review
The power of the judiciary, as the final interpreter of the law, to declare an act of a coordinate governmental branch of state unconstitutional.
The power is not expressly stated in the Constitution, but the Supreme Court announced that the judiciary possesses this power in Marbury v. Madison,
Judicial Eras
Some courts have been more conservative, some more liberal some neutral. Not all courts are the same.
Martin v Hunter’s Lessee (1816) issue.
Martin Family had owned land in Virginia prior to and during the Revolutionary War. Martin and his family were loyal to the British Crown during the war. During the war, Virginia enacted legislation that allow it to confiscate land of people who were loyal to the British Crown, and during the war, the Commonwealth confiscated this land and transferred this to David Hunter. The Revolutionary War ended with the signing of the Treaty of Paris in 1783, but the language of the treaty indicated that lands confiscated by States/Commonwealths had to be returned to the pre-war owner. Martin and his heirs sued to regain the land, and the trial court rule the land confiscated must be returned. The Virginia Supreme Court (Virginia Court of Appeals) however overturned that decision and concluding the Treaty of Paris did not include the land confiscated.
That decision was appealed to the US Supreme Court and they ruled in Fairfax’s Devisee v Hunter’s Lessee (1813) that the treaty did include this land and the confiscated land had to be returned. It remanded the case back to the Virginia Supreme Court for that court to issue an order in favor of Martin.
Surprisingly, the Virginia Supreme Court basically told the US Supreme Court that the US SUPREME COURT was not supreme to the Virginia Court, and could not overrule the Virginia Supreme Court.
Martin v Hunter’s Lessee (1816) results
The Supreme Court is the final appellate court and did have the authority to overrule the Virginia Supreme Court. The Land that had been sold to Hunter needed to be returned to Martin and his heirs.
This case established the Supreme Court’s authority over state courts in matters of federal law
How to Amend the Constitution?
Requires 2/3 of each Chamber or Congress to approve language
Thereafter, 3/4 of the States would have to approve the language
(Currently 38 states would have to approve a Constitutional Amendment)
Constitution has been amended 27 times
Issue of slavery
slaves would count as 3/5 of a person for purposes of population/representation in Congress and taxation.
Importation of Slaves would end on January 1, 1808.
What rights did the colonist feel were threatened by action of the British crown and King?
- rights against unreasonable search and seizures
- rights to bear arm
-right to free speech
Which chief justice of the supreme court was responsible for writing the majority opinion in Marbury v Madison wherein the power of judicial review was announced?
Marshall
What was Marbury seeking from the Supreme Court in Marbury V Madison?
Writ of Mandamus
T/F When the constitution was adopted, the only individuals who could vote were males who owned land known as Freeholders.
False
A law that makes someone criminally liable for an act that was not criminal at the time it was committed is called an:
ex post facto law
In which case did the US Supreme court assert the power of judicial review over the decision of the states’ high courts?
Martin V Hunter Lessee
During the early years of the Constitution, which group championed a weaker centralized government?
Antifederalists Party
Before the Constitution and the Second Amendment was adopted, what law would colonist argued to claim they were guaranteed a right to keep and bear arms?
English bill of rights
T/F The mandate of the delegates to the Philadelphia Convention of 1787 from their states was to draft a new Constitution.
False
Which of the following pieces of congressional legislation impacted the Supreme Court’s decision in Marbury v Madison?
Judiciary Act of 1789
