Constitutional Principles Flashcards
Which articles form the branches of the federal government?
Article I - Legislature; Article II - Executive; Article III - Judiciary
What does the use of Article I to create the legislature mean about the founders’ intent?
Legislature was preeminent due to its closer connection to the people; this is why it was given authority over potentially abused powers such as taxation, raising an army, and declaring war
What specific powers is the President granted?
Pardons, making treaties with Senate approval, appointing ambassadors and judges
Who determines the makeup of the federal court system?
Congress
Why was the Bill of Rights introduced?
Thomas Jefferson and others insisted there was risk of encroachment unless rights were explicitly stated
What does the first 10 amendments cover?
1st - religion, speech, press, assembly, and petition; 2nd - bear arms; 3rd - prohibits military occupation of homes; 4th - prohibits unreasonable search and seizure, must have probable cause; 5th - Due Process, prohibits self-incrimination, double jeopardy; 6th - Speedy and public trial by an impartial jury, right to counsel, call witnesses, and be informed of accusation; 7th - Jury trial provided for suits at common law, but not in equity cases (based on fairness); 8th - prohibits excessive bail and cruel and unusual punishments; 9th - these rights do not deny others retained by the people; 10th - any powers not delegated or enumerated are retained by the states or the people
What are the civil war amendments?
13th, 14th, and 15th; 13th - abolished slavery; 14th - Due Process and Equal Protection Clauses at the state level; 15th - cannot deny votes on the basis of race
What issue prompted Marbury v. Madison?
John Adams made last minute appointments before leaving office due to disagreement with Thomas Jefferson. A commission was signed, but Jefferson ordered that it not be delivered. Appointees turned to the Court to resolve the dispute
What three questions did John Marshall seek to answer?
Does the applicant have the right to the commission? If he has a right that has been violated, does the law afford a remedy? Is he entitled to the remedy for which he applies?
How did Marbury answer these three questions?
- Appointment was made when it was signed and the seal was affixed. The appointee then had a right to the office. 2. Yes, the laws afford him a remedy. 3. No. Because it was original jurisdiction, not appellate, and issuing a mandamus must be an exercise of appellate jurisdiction. The statute is therefore repugnant to the Constitution and void. No remedy is available from the Court
What prompted Griswold v. Connecticut?
Medical professionals were fined for giving advice about contraception to patients in Connecticut.
What arguments were used to invalidate the statute and effectively create a right to privacy, and through what process does the Court hold states to the Bill of Rights?
The 3rd, 4th, and 5th amendments create a “penumbra” of privacy - they cannot be carried out without a right to privacy, and the 9th amendment protects additional fundamental rights, and traditions indicate privacy is one such right. Through the Due Process clause of the 14th amendment, the other amendments are “incorporated” into the states
What two approaches to constitutional interpretation were revealed in Griswold v. Connecticut?
Originalism - apply the original meaning and context surrounding the text’s adoption)
Living Constitution - framers intended to create a broad and flexible document , how do our values change?
