Chapter 2 powerpoint pt. 1

Question 1

Our system of government is based on a ___________ that limits the power of government.

Answer 1

constitution

Question 2

Our system of government is based on a constitution that limits the power of ____________.

Answer 2

government

Question 3

Why did the founding fathers finding their form, constitutional democracy, necessary?

Answer 3

They felt it was necessary due to the harshness of British colonial rule.

Question 4

The constitution was designed to protect the rights of the ___________ against the tyrannical tendencies of ___________.

Answer 4

individual

government

Question 5

The founding fathers realized that individuals require ____________ ___________ against the political passions and intolerance of democratic majorities.

Answer 5

constitutional safeguards

Question 6

The founding fathers realized that individuals require constitutional safeguards against the political passions and intolerance of ___________ _________.

Answer 6

democratic majorities

Question 7

The first principle of American jurisprudence is the _____ ___ ________.

Answer 7

rule of legality

Question 8

Who developed the rules of legality?

Answer 8

common law judges

Question 9

Rules of Legality: “Nullum crimen sine lege, nulla poena sine lege”; what does this mean?

Answer 9

No crime without law, no punishment without law

Question 10

The U.S. Constitution bans ____ ___ ________ and ___ _____ _____ laws.

Answer 10

bills of attainder

ex post facto

Question 11

The U.S. Constitution requires ______ ___ _______.

Answer 11

clarity of statutes

Question 12

What article and section of the U.S. Constitution are bills of attainder and ex post facto laws located?

Answer 12

Article I, Sections 9 and 10

Question 13

A bill of attainder is a legislative act that punishes an individual or a group of persons without the benefit of a _____.

Answer 13

trial

Question 14

A ____ __ _______ is a legislative act that punishes an individual or a group of persons without the benefit of a trial.

Answer 14

bill of attainder

Question 15

A bill of attainder is a legislative act that punishes an ________ or a _____ of persons without the benefit of a trial.

Answer 15

individual

group

Question 16

What is ex post facto? How do ex post facto laws work?

Answer 16

Arresting someone for a crime that prior to arrest was not illegal.
Ex post facto laws make the previous stated process illegal.

Question 17

Categories of ex post facto laws: Every law that makes an action, done before the passing of the law, and was _________ when done, criminal; and punishes such action.

Answer 17

innocent

Question 18

Categories of ex post facto laws: Every law that __________ a crime, or makes it greater than it was, when committed.

Answer 18

aggravates

Question 19

Categories of ex post facto laws: Every law that _________ the ___________, and inflicts a greater ___________, than the law annexed to the crime, when committed.

Answer 19

changes
punishment
punishment

Question 20

Categories of ex post facto laws: Every law that alters the ______ ______ of __________, and receives less, or different, testimony, than the law required at the time of the commission of the offense, in order to _______ the ________.

Answer 20

legal rules
evidence
convict
offender

Question 21

According to the U.S. Constitution, an individual’s rights and liberties must be balanced against the need for _______ ______ and _________.

Answer 21

social order

stability

Question 22

The Rule of Legality is reflected in what two constitution principles?

Answer 22

Bills of Attainder and Ex Post Facto Laws

Question 23

The _____ __ _________ were established to protect Americans from arbitrary punishment.

Answer 23

Bills of Attainder

Question 24

The Bills of Attainder were established to protect Americans from arbitrary ___________.

Answer 24

punishment

Question 25

What is the different between bills of attainder and the ex post facto laws?

Answer 25

A bill of attainder punishes a specific individual or specific individuals.
An ex post facto law criminalizes an act that was legal at the time the act was committed.

Question 26

True or False: A bill of attainder is limited to criminal punishment

Answer 26

False; A bill of attainder is not limited to criminal punishment and may involve any disadvantage imposed on an individual

Question 27

True or False: ex post facto laws are limited to criminal punishment.

Answer 27

True

Question 28

An ex post facto law is enforced in a ________ trial.

Answer 28

criminal

Question 29

An ex post facto law is enforced in a criminal _____.

Answer 29

trial

Question 30

Due process requires that criminal statutes should be drafted in a clear and understandable fashion.

Answer 30

Statutory Clarity

Question 31

A statute that fails to meet the standard of statutory clarity is unconstitutional on the grounds that it is _____ ___ _________.

Answer 31

void for vagueness

Question 32

A statute that fails to meet the standard of ________ ______ is unconstitutional on the grounds that it is void for vagueness.

Answer 32

statutory clarity

Question 33

What are the requirements of due process?

Answer 33

1. Individuals receive notice of criminal conduct
2. Police, prosecutors, judges, and jurors are provided with a reasonably clear statement of prohibited behavior
3. Individuals are not deprived of life, liberty, or property without due process of law

Question 34

When was Equal Protection inserted into the U.S. Constitution?

Answer 34

Shortly after the Civil War

Question 35

Equal Protection was guaranteed by the __th and __th amendments of the U.S. Constitution.

Answer 35

13th

14th

Question 36

What are the three levels of analysis (of scrutiny) for equal protection?

Answer 36

1. Rational basis (or minimal level scrutiny)
2. Strict scrutiny
3. Intermediate scrutiny

Question 37

What does rational basis (minimal level scrutiny) of equal protection address?

Answer 37

The poor, elderly, mentally challenged, and age.

Question 38

What does strict scrutiny of equal protection address?

Answer 38

Race and ethnicity

Question 39

What does intermediate scrutiny of equal protection address?

Answer 39

Gender