Chapter 3 - Constitutional Law - Concepts Flashcards
The federal government and each of the fifty state governments are based on (1), which set forth the (2) and the (3). Each state has its own (4) to interpret state constitutions and sometimes the federal constitution. However, the (5) is the most important developer of constitutional law.
- written constitutions 2. structure and powers of government 3. rights of citizens 4. court system 5. US Supreme Court
(1) refers to the authority of a court of law to review a particular legal issue. In constitutional law, it refers to the power of courts to (2). Thanks to (3), the Supreme Court extended its scope to (4) and (5).
- Judicial review 2. declare government actions invalid/unconstitutional 3. Marbury v. Madison 4. executive actions 5. state statutes
Judicial review is considered a (1) of the American legal and political systems, and is generally thought to preserve the ideal of (2).
- bedrock principle 2. constitutional supremacy
When judicial review cannot rely on (1) in interpreting the Constitution, courts often seek to discern (2). To help with this, they often turn to (3) and (4).
- plain meaning of text 2. intentions of the Framers 3. the Constitutional Convention debate in 1787 4. The Federalist Papers (James Madison, Alexander Hamilton, John Jay)
At odds in interpreting the Constitution are the (1) and the idea of (2), whose meaning evolves according to the “felt necessities” of the times.
- doctrine of original intent 2. the living Constitution
Who ruled in Marbury v. Madison, and what was the basic idea?
Chief Justice Marshall. The idea was that because laws do not always conform to the Constitution, yet the Constitution is seen as paramount, it is in the hands of judicial review to determine which of the conflicting ideas is correct.
In common law tradition, courts rely on (1), following what courts have said and done in the past. This doctrine of (2), which means “to stand by things decided,” applies to (3) as well.
- precedent 2. stare decisis 3. constitutional law/interpretation
The best known example of long-standing precedent later overturned were the cases of (1) and (2). In the former, racial segregation on trains, part of the (3) at the time, was challenged as a violation of the (4), which promises equal protection of laws to persons in a state’s jurisdiction. The latter case repudiated (5) in the context of public education, paving the way for abolishment of the idea altogether.
- Plessy v. Ferguson 2. Brown v. Board of Education 3. Jim Crow Laws 4. 14th Amendment 5. “separate but equal”
Courts often exercise (1) to avoid producing political conflict. It is manifested in a number of (2) limiting judicial review, and (3), its opposite, consists of ignoring or circumventing these.
- judicial self-restraint 2. doctrines 3. judicial activism
The most fundamental limiting doctrine of judicial review is the (1), in which there is a presumption of validity for a statute or action until demonstrated otherwise. The party bringing constitutional challenge has the (2). This is based on a respect for (3) and an understanding that judicial review is (4).
- presumption of constitutionality 2. burden of persuasion 3. legislative bodies 4. counter-majoritarian
Exceptional to presumption of constitutionality are laws that (1) or (2), which are subjected to (3).
- discriminate based on race or national origin 2. abridge fundamental rights 3. strict judicial scrutiny
Another fundamental limiting doctrine, (1), holds that a party seeking to challenge a law must have sustained (2) because of the law, such as someone criminally prosecuted under an unconstitutional law. In (3), a pregnant woman brought civil suit to strike down a Texas law banning abortions.
- standing 2. substantial injury to his rights 3. Roe v. Wade
The (1), arising from the opinion of Justice Louis D. Brandeis in (2), limit the exercise of judicial review by steering clear wherever possible of (3). However, in the modern era, especially the (4) of 1954-1969, courts tend to be less cautious with judicial review.
- Ashwander rules 2. Ashwander v. Tennessee Valley Authority (1936) 3. challenging constitutional law 4. Warren Court (under Chief Justice Earl Warren)
The Supreme Court’s original jurisdiction is fixed by (1) of the Constitution. Per Marbury v. Madison, (2) many not alter original jurisdiction, though it may authorize (3) to share it. Congress may, however, alter the SC’s (4).
- Article III 2. Congress 3. lower federal courts 4. appellate jurisdiction
In (1) in 1869, Congress worked to limit the appellate jurisdiction of the Court to prevent it from ruling on the constitutionality of the (2). This by no means indicates Congress could (3), as any attempt to do so would likely be (4).
- Ex Parte McCardle 2. Reconstruction program 3. completely abolish the Court’s appellate jurisdiction 4. declared invalid
In the 1980s a flurry of activity in Congress was aimed at restricting SC jurisdiction to hear appeals in cases dealing with (1) and (2). The constitutionality of such proposals is open to question; they may be construed as undermining the Court’s ability to (3).
- abortion 2. school prayer 3. fundamental constitutional rights
Sometimes Congress will attempt to overturn, evade or modify a SC decision through (1), which is generally unsuccessful because the SC reserves to itself the final word in (2). The best way to bypass a judicial decision is through a (3). Sometimes also the Court will (4).
- legislation 2. constitutional interpretation 3. constitutional amendment 4. overrule itself
For a constitutional amendment to be written, Article V requires a (1) majority vote in both houses of Congress, and ratification by (2) of the states.
- two-thirds 2. three-fourths
Examples of unsuccessful attempts to overturn SC decisions through Constitutional amendments relate to (1) and (2).
- abortion rights 2. flag burning
Another check on the court systems is the (1) by the (2). (3) is by no means automatic. President Nixon is known for changing the face of the Supreme Court with his (4) judges and setting the stage for the (5),
- appointment of federal judges 2. president 3. Senate approval 4. “constructionist” 5. conservative Rehnquist Court
Article I of the Constitution defines (1) as vested in a (2) and (3).
- legislative power 2. Senate 3. House of Representatives
Four other things Article I addresses
- minimal requirements for members 2. how members are chosen 3. broad authority to each house to determine its own procedures 4. privileges to members of Congress
Most of the (1) of Congress are set out in Article 1, Section 8. Despite broad powers, there is no general grant of (2) to Congress, so the power to make laws is reserved to the (3) under the (4).
- enumerated powers 2. police power 3. states 4. Tenth Amendment
However, Congress exercises legislative power well beyond its scope by (1), especially by using its ability to (2), set out in the (3) and interpreted liberally by the Supreme Court. However, in (4), the Court ruled that possessing a firearm near a school was not sufficiently related to interstate commerce. The (5) was struck down in 2000 for the same reason.
- linking laws to its powers contained in Section 8 2. regulate interstate commerce 3. Commerce Clause 4. United States v. Lopez 5. Violence Against Women Act of 1994