chapters 1-4 Flashcards
right to freedoms of religion and speech; right to assemble and to petition the government for redress of grievances
first amendment
right to keep and bear arms to maintain a well regulated militia
second amendment
right not to house soldiers during time of war
third amendment
right to be secure from unreasonable search and seizure
fourth amendment
rights in criminal cases, including due process and indictment by grand jury for capital crimes, as well as the right not to testify against oneself
fifth amendment
right to a speedy trial by an impartial jury
sixth amendment
right to a jury trial in civil cases
seventh amendment
right not to face excessive bail, excessive fines, or cruel and unusual punishment
eighth amendment
rights retained by the people, even if thry are not specifically enumerated by the Constitution
ninth amendment
States’ right to powers not specifically delegated to the federal government
tenth amendment
federal powers
declare war, impose taxes, regulate coin and currency, regulate foreign and interstate commerce, raise and maintain an army/ navy, regulate post office, make treaties w/ foreign nations, establish copyright and patents, establish courts inferior to Supreme Court
State Powers
(reserved powers); free to pass laws regarding things such as intrastate commerce (w/in borders of a state) and marraige, conducts elections, provide for public health, safety, welfare, and morals, esrablish local gov., maintain militia, ratify amendments to Constitution
Federal Powers denied
tax state exports, change state boundaries, violate the bill of rights
state powers denied
tax imports and exports, enter into treaties, impair obligation of contracts abridge the privilige and immunities of citizens or deny due process and equal protection of the law
Marbury vs. Madison
William Marbury, one of the offended justices, sued government saying the Judiciary Act of 1789 allowed to court to force Secretary of State James Madison to deliver the commissions. Court disagreed and said they didnt have the power to force the secretary to deliver them. Established judiciary review where Supeme Court has the power to declare laws passed by Congress and signed by the president to be unconstitutional
Brown vs. Board of Education
challenge to principle “seperate but equal”; students where denied admittance to certain public schools based exclusively on race. decision made stated existence of racially segregated schools violated yhr equal protection clause of the 14th amendment. ruling overturned Plessy vs. Ferguson and removed legal support of segregated schools.
the states had the right to reject national laws they deemed unconstitutional
nullification
the states and federal government exercise exclusive authority in distinctly delineated spheres of jurisdiction
dual federalism
both levels of government coordinated thier actions to solve national problems
cooperative federalism
criminalizes an act retroactively
Ex Post Facto Law
a legislative action declaring someone guilty w/o trial
Bill of Attainder
empowers federal government to regulate interstate economic transactions
Commerce Clause
National governemnt-> States government
unitary
people -> States and National
Federation
States-> National gov.
Confederation
necessary/proper cause -> enables congress “to make all Laws which shall be necessary & proper for carrying” out its constitutional responsibilities
Elastic Clause
when we cross state lines and encounter different taxation levels, welafre eligibility requirements, and voting regulations
decentralization
federal government is the only entity permitted to print money, to challenge the legality of state laws, or to employ money grants and mandates to shape state actions
centralization
no enforcement of gov. / no power (no armies); no money, individual states have more power w/no central; 1 country, 2 systems-> Federal, Local
Second biggest Confederation- European Union
Congress makes laws
legislative
every state has their own consitituion; own Supreme Court and Judiciary
Judicial
led by the president; States govern; divided into 2 houses; Senate and House of Representatives
executive
435 members; depending on population
House of Representatives
100; 2 from each state to balance difference in population
Senate
John Lock
a seventeenth-century English
philosopher, who is ideas and writing regarding the relationship between
government and natural rights of citizens become the base for the civil rights
ideas when writing the Constitution.
Sugar Act
1764; imposed a
tax on sugar and molasses which colonists refused to
pay
Stamp Act
1765- taxed all official documents and
playing cards; colonists rebelled against it.
Stamp and Congress Position
called to met in
1765 and called the acts
“taxation without representation”
Boston Tea Party
colonists dressed at Mohawk Indians
dumped 350 chests of British tea into Boston Harbor in protest
against increased taxes
Coercive Acts
passed in 1774 in response; closed Boston
Harbor and placed government of Massachusetts under direct
British control
