cram rn Flashcards

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1
Q

Federalist 10

A

– strong and united republic is necessary for the good of the commonwealth
– helps control factionalism bc when there’s more people in govt there’s less liklihood of one faction ruling everything

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2
Q

brutus 1

A

– antifederalist
– a strong central govt is a threat to the people
– reject the constitution
– judicial authority will lead to tyranny

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3
Q

declaration of independence

A

– all people were created equal
– life liberty and the pursuit of happiness
– governments are created to protect the rights of the people and the authority of the government stems from the people and thus the people can get rid of the government if they no longer feel as though the government is protecting their rights
– natural rights

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4
Q

articles of confederation

A

– extremely limited central government left the central government incapable of uniting the colonies
– each colony maintained sovereignty
– unicameral legislature, one state one vote, no central exec
– cld not compel taxation and no centralized army

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5
Q

1st amendment

A

freedoms of speech, press, religion, assembly, and right to petition the government

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6
Q

2nd amendment

A

right to bear arms

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7
Q

4th amendment

A

freedom from unreasonable search and seizure

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8
Q

6th amendment

A

right to a free trial and an attorney

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9
Q

10th amendment

A

all powers not explicitly given to the federal gov were reserved for the people/states

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10
Q

5th amendment

A

right to due process (no double jeopardy and self incrimination)

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11
Q

13th amendment

A

abolish slavery

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12
Q

14th amendment

A

every citizen of the us is afforded equal rights

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13
Q

15th amendment

A

universal male suffrage (poor people can vote but not women)

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14
Q

16th amendment

A

income tax can be levied

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15
Q

19th amendment

A

women’s suffrage

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16
Q

25th

A

two term limit

17
Q

federalist 51

A

– 3 branch structure with checks and balances
– legislative branch needs to be split further to account for it being the most powerful

18
Q

federalist 70

A

– a central exec is necessary to balance the slow moving nature of congress
– each branch must have enough autonomy such that they can do things without the other (prevent tyranny)
– presidential term must be long enough to promote stability

19
Q

marbury v madison

A

gave the power of judicial review to the courts

20
Q

federalist 78

A

– strengthened judiciary w the pwer of judicial review

21
Q

mcculloch v maryland

A

necessary and proper clause; maryland cannot tax the federal government trying to carry out its constitutional powers (formation of the 2nd federal bank)

22
Q

engel v vitale

A

1st amendment - establishment clause; public schools cannot lead prayers - even if they are non-denominational and optional

23
Q

schneck v united states

A

established the clear and present danger test; wartime pamphlets compelling people to disobey the draft (curbed the right to free speech)

24
Q

wisconsin v yoder

A

free exercise clause; amish families didn’t want to send their children to public high school; ruled that interests of people to freely exercise religion > state interests

25
Q

tinker v des moines

A

symbolic speech in schools is protected unless it substantially disrupts proceedings (anti vietnam war shirts)

26
Q

new york times v united states

A

prior restraint is very hard to justify

27
Q

gideon v wainright

A

6th amendment right to counsel extends to felony trials in state courts

28
Q

mcdonald v chicago

A

the 2nd amendment right to keep and bear arms for self-defense extends to the states - 14th amendment incorporation clause

29
Q

brown v board

A

14th amendment equal protection clause

30
Q

baker v carr

A

14th amendment equal protection clause - no malapportionment

31
Q

shaw v reno

A

14th amendment equal protection - no racial gerrymandering

32
Q

us v lopez

A

gun free schools act is not part of commerce; checked the power of the commerce clause

33
Q

citizens united v FEC

A

campaign spending is protected free speech under the 1st amendment

34
Q
A