Constitution Flashcards

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1
Q

Connecticut Compromise

A

bicameral legislature
representatives by pop; senate 2 per state

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2
Q

Articles of Confederation

A

weakened national congress; could not effectively lead

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3
Q

which states rejected the constitution

A

Rhode Island
New Hampshire

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4
Q

What was the problem with the initial articles of confederation?

A

lack of protection of rights
led to amendment in bill of rights

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5
Q

protocol for amending the constitution

A

2/3 reps and senate
2/3 state legislatures call national convention

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6
Q

key first amendment case

A

Texas v Johnson 1989 burning flag protected

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7
Q

changing interpretation of second amendment

A

initially used to protect militias; increasingly for gun rights

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8
Q

key 2nd amendment law

A

US v Miller 1939 requires registering sawn offs

DC v Heller 2008 meant banning handguns illegal

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9
Q

fourth amendment case

A

Katz v US
cant arrest based on intrusive spying

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10
Q

fifth amendment

A

protects personal rights

Miranda v Arizona 1966 led to being told rights before arrest

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11
Q

sixth amendment case

A

Duncan v Louisiana 1968
guarantees trial by jury despite being given fine

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12
Q

7th amendment case

A

Tull v US 1987

dumping rubbish
ruled jury should decide in civil cases

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13
Q

8th amendment case

A

Coker v Georgia
cannot execute due to rape since too extreme

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14
Q

9th amendment case

A

Griswold v Connecticut 1965
banning contraceptives infringes right to privacy

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15
Q

tenth amendment case

A

Printz v US 1997
local authorities background checks was enforcing federal on local = unconstitutional

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16
Q

which articles created the branches of government

A

1,2,3
separate, equal powers

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17
Q

how are the executive and legislature kept separate?

A

cant work in congress and for president

18
Q

president v congress in law making

A

President applies pressure
Congress passes bill
President can sign/veto
Congress supermajority can override veto

19
Q

example of veto & override

A

2008 Bush veto of medicare improvement bill

20
Q

What does Article 1 grant Congress?

A

Power of the purse

21
Q

example of using power of the purse against president

A

1974 foreign assistance act cut funding to Vietnam

22
Q

Example of Supreme court v President; amendment by congress

A

1895 banned federal income tax
led to 16th amendment

23
Q

rights lost due to conviction by federal judge

A

vote, bear arms, serve jury

can be overridden by presidential pardon

24
Q

example of impeachment trial

A

Clinton 1998
cleared

25
Q

Neustadt on Separation

A

not separated; shared between institutions

26
Q

Enumerated powers

A

article 1 section 8
eg tax, army, roads, money, war

27
Q

Which clause expanded federal scope?

A

elastic clause

28
Q

which concept sought to grant rights of states to remove federal bills

A

nullification
eg 1828 federal tariff

29
Q

Dred Scott case

A

slave tried to sue for freedom in a free state but rejected since slaves are property not citizens

30
Q

When was the Bill of Rights extended to states

A

Gitlow New York 1925
free speech protected through judicial review

31
Q

types of federalism

A

dual, cooperative, coercive

32
Q

examples of cooperative federalism

A

Federal Emergency Relief Administration
Social Security Act 1935

33
Q

how do categorical grants change the balance

A

federal can add conditions

34
Q

example of supreme court limiting categorical grants `

A

National Indusrial Recovery Act 1933 - industrial codes

Agriculture Adjustment Act 1933 - limited production to drive prices up

35
Q

Roosevelt pressure on Supreme Court

A

pakcing court in 1937
blocked but worked anyway since court changed voting pattern

36
Q

examples of coercive federalism

A

Little Rock federal troops
Voting Rights Act 1965 requires federal approval for voting laws
Medicaid

37
Q

who introduced new federalism?

A

Johnson & pushed by reagan

38
Q

types of grants in new federalism

A

block grants
revenue sharing

39
Q

Which bill limited the ability to force terms without funding?

A

Unfunded Mandated Reform Act 1995
majority needed in congress if costs over 50 mil

40
Q

federal grants under Bush

A

234 billion to 461 billion

double