Deck 1

Question 1

List the powers of the three branches of government.

Answer 1

Legislative: makes laws (regulate money too)

Executive: carries out laws (commander in chief)

Judicial branch: makes sure laws follow the Constitution (ordains and establishes, extends cases in law and iniquity, decides cases of Constitutional law and federal law, cases involving ambassadors go straight to the Supreme Court, original jurisdiction, declare punishment for treason)

Question 2

Name the limitations to each branch.

Answer 2

President: 4 year term, at least 35 years of age, resident of the US for 14 years, natural born citizen

House of Representatives: at least 25 years old, 2 year term

Senate: at least 30 years of age, 6 year term

Question 3

Checks and balances

Answer 3

Leg: creates new courts, proposed constitutional amendments

Ex: nominates judges, checks laws, vetoes laws

Judicial: decides law Constitutionality

Question 4

Define federalism

Answer 4

Division of power between national and state government.

Question 5

Name the Bill of Rights 1.

Answer 5

Freedom of speech, press, religion, assemble, and petition.

Question 6

Bill of Rights 2.

Answer 6

Right to bear arms

Question 7

Bill of Rights 3.

Answer 7

No quartering of soldiers

Question 8

Bill of Rights 4.

Answer 8

No unreasonable search and seizures ( right to privacy )

Question 9

Bill of Rights 5.

Answer 9

Indictments, self- incrimination, double jeopardy, and rules for eminent domain.

Question 10

Bill of Rights 6.

Answer 10

Right to a fair and speedy public trial, notice of accusations, confronting one’s accuser, subpoenas, right to counsel

Question 11

Bill of Rights 7.

Answer 11

Right to trial by jury in civil cases

Question 12

Bill of Rights 8.

Answer 12

No excessive bail and fines or cruel and unusual punishment

Question 13

Bill of Rights 9.

Answer 13

There are other rights not written in the Constitution

Question 14

Bill of Rights 10.

Answer 14

All rights not given to federal government belong to the states and the people

Question 15

List and name the Civil Rights amendments.

Answer 15

13th amendment: abolished slavery

14th amendment: due process to and equal protection, all personals born in the US are citizens

Question 16

List and define the 4 voting amendments.

Answer 16

15th amendment: right to vote regardless of race, color, or previous servitude

19th amendment: woman suffrage

24th amendment: prohibits poll taxes for voting

26th amendment: lowers voting age to 18

Question 17

James Madison’s view on federalism/ a strong central government.

Answer 17

James Madison encouraged a strong central government with representatives of the people, making a large central republic that controls factions.

Question 18

What is the Supremacy Clause?

Answer 18

Article six of Constitution:

Established that the federal constitution and federal law is superior over state laws and state constitutions.

Question 19

Define battleground issue and give an example of one.

Answer 19

When federal law comes into conflict with state law. Examples include marijuana laws (state allows medical marihuana, federal does not) and gun laws.

Question 20

Why is the Constitution considered the hinge of theory, or the Big Bang of history?

Answer 20

Because is changed the world.

Question 21

What was the New Deal and what did it do?

Answer 21

My he new Deal revised protection for the poor and middle class. It gave regulations and money to people unable to work. This included social security and unemployment insurance.

Question 22

Describe the case of Wickard v Filburn.

Answer 22

1. Law prevents farmers from growing too much when in order to guarantee high price.
2. Filburn grows more than allowed amount to feed his cows. He is not selling the wheat.
3. Wickard fines Filburn, and then Filburn sues Wickard, stating that law shouldn’t apply.
4. S.C says commerce Clause allows leg. Branch to regulate commerce between states, and even though Filburn wasn’t selling wheat, he wasn’t buying wheat, which still hurts wheat farmers. Filburn could not grow the wheat any longer.

Question 23

What is the Commerce Clause.

Answer 23

Statement in the Constitution that says federal government can regulate business ( commerce) between states. It creates laws and regulations.

Question 24

What did judicial act of 1903 do?

Answer 24

Gave judicial review. And allowed J.B to change constitution of an ordinary law comes into conflict with it.

Question 25

Describe Hamilton’s view on Judicial Review.

Answer 25

He supported it.

Article 3 says J.B has power to interpret laws and although power not directly given, it is implied.

Not all rules are practiced by court.

Conflict of ordinary law

J.B already interprets laws, and he think this is good cause judicial branch is not a political branch.

Constitution is superior/ fundamental.

All branches are limited to the constitution, not by other branches.

Will of people/ limited

Question 26

Describe Jefferson’s view of judicial review.

Answer 26

Critique of judicial review

Nothing in Constitution gives the judicial branch the power

To infer is to shape constitution like a ball of waxed pending in their views

Each branch used J. Review to interpret own actions

Will of people is positive= elections J.Review in J.Branch

J.B makes themselves superior- they tell other branches when they are allowed to do something

S.C is not limited by the people/ elections

Question 27

Describe Fundamental v. Inferior laws.

Answer 27

If two laws clash against each other, courts fix them up. Newer law wins because it best suits the time it is in.

When ordinary law goes against the constitution, judges adhere the superior and throw away the inferior law. CONSTITUTION ALWAYS WINS OVER ORDINARY LAW.

Question 28

Describe Marbury v. Madison.

Answer 28

In 1803 Marbury and other justices sued Madison because he never finalized his positions and justices of the peace (they were appointed on the last day of John Adam’s presidency). S. Court said they had power to issue writ of mandamus of 1789 to Madison but deemed it unconstitutional. By doing this S. court gave themselves judicial review and Madison never got his position as justice of the peace.

Question 29

Name the 4 Constitutional Principles and Define Them. Also give an example of each.

Answer 29

Popular sovereignty: government power resides in the people. Voting, elections

Limited Government: Government is not all-powerful like a king. It can only do what the people want. Elections/ voting, branches, checks and balances

Separation of Powers: no one branch is more powerful than another. Government power is balanced. Checks and balances

Federalism: Division of power between national and state governments. Ex: traffic laws