Constitutional Law Test 1 Flashcards
First Continental Congress
Formed in 1774 to conduct American Revolution
Reason for American Revolution
Rule without representation and imposition of parliamentary laws. Reaction to sovereignty that English states/cities had
Articles of Confederation
1781: Agreement among states to unify for common defense and conduct foreign relations
Strong central government
states believed that a strong central government was corrupt. a week central government in form of national congress would represent US & handle foreign policy. States would handle interstate policy
Currency
States could coin currency but could not raise funds for defense
Bill of Rights adopted
by 9 of 13 colonies at first
Article I
Establish legislature (rep of people - state)
Bicameral Legislature
2 houses - lower and upper. Lower = house of rep, based upon population . Higher = popular vote = senate
Article II
Office of Executive = president. Charged to enforce law. VP to preside over senate
Article III
Judiciary. There shall be a supreme court and lower courts. Authority to interpret law
Article IV
States relationship to each other and government. Provides for admission of new states, republican form of govt (by representation) and federal protection of states
Article V
Amendment of constitution by 2/3 vote of both houses or 3/4 of senate.
Article VI
Supremacy Clause. Supreme Law of land, no state can have conflict with. Sets minimum standards
Article VII
Ratification clause: after 9 states accept
Article I Section 8
Enumerated Powers. If power not set forth in constitution then power goes to state
10th Amendment
Powers not delegated to federal are reserved to the people/state. i.e. National Guard
Bill of Rights
First 8 amendments, 9-10 are statement of authority
Constitution prohibits
Bill of attainder
Ex post facto
Bill of attainder
a law that makes someone a criminal. no trial. violates separation of powers, congress would be acting as judiciary and encroaches on other branches
Ex Post Facto
After the fact. Makes a previously innocent act guilty by later acts of congress
Bill of rights
1st 8 amendments; defines federal governments actions as to states or individuals
1st Amendment
provides for freedom or religion, speech, assembly, petition government to redress grievances with government and freedom of press
4th Amendment
protects against unreasonable search and seizure, against warrants without probable cause, warrants must be particularized
5th Amendment
right to be indicted (know how to defend yourself), miranda rights, against double jeopardy, against self incrimination, accuser bears burden of proving charge, to due process (to be heard and present defense) , just compensation
6th Amendment
speedy (reasonable) & public trial, jury in a criminal trial, to confront and cross examine prosecution witness, judged by peers, to compel witness, right to counsel (in criminal), to process (subpoena/summons), right to confrontation (face accusers)
8th Amendment
against excessive bail/fines, punishment should fit crime not preventatively detain, against cruel and unusual punishment
14th Amendment
Due process of law. No state shall deprive its citizens of life, liberty & property.
Procedural Due Process
procedures used when govt attempting to deprive someone of rights. Requires notice of charge, fair opportunity to defense and answer charge, decision made solely on evidence, impartial fact finder, criminal adjudication
Substantive Due Process
Fundamental rights, life, liberty, property and their dignity. i.e. keep private life private, marry or not marry as see fit, , to raise children in environment of your choice, for children to live in safe environment, , to seek or refuse healthcare
protects people from egregious misconduct by public officials
State discriminatory action low level of scrutiny
Low: rational basis for action (does not involve race, creed, national origin, gender, religion, color). i.e. children’s park
State discriminatory action intermediate level of scrutiny
Intermediate: based on gender i.e. bathroom
State discriminatory action high level of scrutiny
High: based on race, creed, national origin, gender, religion, color. = suspect classes. compelling government interest / reason
NY State three tier system
lower: supreme court (court of supreme jurisdiction)
appelate (1st review)
NYS court of appeals (final)
Federal three tier system
lower: federal district court
circuit court of appeals (1st review) - questions of law
SCOTUS (final)
SCOTUS
? what constitution means can only hear constitutional questions cannot make determinations of fact only legal determinations court of last resort limited jurisdiction (authority to act) issues supreme law of land
Writ of Certiorari
Certified question
petition to hear case (most requests denied)
Certiorari Test
if 4 judges agree, write is granted, if less no.
Two ways to SCOTUS
Direct review: petition. Exhausted all state/federal remedies. must be constitutional question
Write of Habeus Corpus: state must justify why person being held in custody. Federal district, appeals, denied then SCOTUS
States did not object against:
the division of powers between the separate branches of the government
A law restricting access to certain benefits by means of an income test will be subject to
Low Scutiny
