Deck 1 Flashcards
List the powers of the three branches of government.
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)
Name the limitations to each branch.
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
Checks and balances
Leg: creates new courts, proposed constitutional amendments
Ex: nominates judges, checks laws, vetoes laws
Judicial: decides law Constitutionality
Define federalism
Division of power between national and state government.
Name the Bill of Rights 1.
Freedom of speech, press, religion, assemble, and petition.
Bill of Rights 2.
Right to bear arms
Bill of Rights 3.
No quartering of soldiers
Bill of Rights 4.
No unreasonable search and seizures ( right to privacy )
Bill of Rights 5.
Indictments, self- incrimination, double jeopardy, and rules for eminent domain.
Bill of Rights 6.
Right to a fair and speedy public trial, notice of accusations, confronting one’s accuser, subpoenas, right to counsel
Bill of Rights 7.
Right to trial by jury in civil cases
Bill of Rights 8.
No excessive bail and fines or cruel and unusual punishment
Bill of Rights 9.
There are other rights not written in the Constitution
Bill of Rights 10.
All rights not given to federal government belong to the states and the people
List and name the Civil Rights amendments.
13th amendment: abolished slavery
14th amendment: due process to and equal protection, all personals born in the US are citizens
List and define the 4 voting amendments.
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
James Madison’s view on federalism/ a strong central government.
James Madison encouraged a strong central government with representatives of the people, making a large central republic that controls factions.
What is the Supremacy Clause?
Article six of Constitution:
Established that the federal constitution and federal law is superior over state laws and state constitutions.
Define battleground issue and give an example of one.
When federal law comes into conflict with state law. Examples include marijuana laws (state allows medical marihuana, federal does not) and gun laws.
Why is the Constitution considered the hinge of theory, or the Big Bang of history?
Because is changed the world.
What was the New Deal and what did it do?
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.
Describe the case of Wickard v Filburn.
- Law prevents farmers from growing too much when in order to guarantee high price.
- Filburn grows more than allowed amount to feed his cows. He is not selling the wheat.
- Wickard fines Filburn, and then Filburn sues Wickard, stating that law shouldn’t apply.
- 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.
What is the Commerce Clause.
Statement in the Constitution that says federal government can regulate business ( commerce) between states. It creates laws and regulations.
What did judicial act of 1903 do?
Gave judicial review. And allowed J.B to change constitution of an ordinary law comes into conflict with it.
Describe Hamilton’s view on Judicial Review.
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
Describe Jefferson’s view of judicial review.
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
Describe Fundamental v. Inferior laws.
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.
Describe Marbury v. Madison.
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.
Name the 4 Constitutional Principles and Define Them. Also give an example of each.
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
