Exam 1

Question 1

1776

Answer 1

Declaration of Independence was signed

Question 2

1786

Answer 2

Revolutionary War ended

Question 3

Articles of Confederation

Answer 3

New form of gov. where congress was one house, could not tax, regulate commerce, etc.

Question 4

Shay’s Rebellion

Answer 4

Farmers burned down courthouse since they didn’t want to pay their mortgage. Resulted in stronger gov.

Question 5

Constitutional Convention

Answer 5

Meeting of colonist representatives to fix the government, where the constitution was created

Question 6

Rule of Law

Answer 6

The constitution was held above everyone, including the president

Question 7

Separation of Powers

Answer 7

The three branches of gov

Question 8

Federalism

Answer 8

The constitutional distribution of government power and responsibility between the national government and the states

Question 9

Standing to Sue

Answer 9

You have to prove you have personal injury that has affected you in order to sue

Question 10

Mootness

Answer 10

Cases with events that are passed/over with/cannot be changed

Question 11

Ripeness

Answer 11

May not take on suits for damages that have not yet occurred or caused damages

Question 12

Abstention

Answer 12

When a case would be better suited under the basis of state laws

Question 13

Exhaustion of Remedies

Answer 13

You have to exhaust all possible solutions before taking it to court

Question 14

Political question

Answer 14

If a case if deemed “too political”, the supreme court can choose to not take it

Question 15

Per curiam

Answer 15

When all judges unanimously agree and the case is immediately done and close

Question 16

Judicial Review

Answer 16

The supreme court overseeing acts of congress and the president

Question 17

Marbury vs. Madison

Answer 17

Marbury wanted Madison to bring him documents but he refused to do it. Marbury then sues the supreme court for having no power to force the president to do something. The supremes then enacted something to fix this

Question 18

Activist Supreme court

Answer 18

The Supreme Court serves as guardian of particular philosophies whereas a judge may substitute his or her wisdom in place of the law

Question 19

Court-packing scheme

Answer 19

FDR wanted congress to appoint a law that once the supreme court has a certain # of people above the age of 70, that he could appoint three more judges

Question 20

Justice Owen Roberts

Answer 20

Was normally against FDR but actually decided to switch his vote in favor of the court packing scheme

Question 21

Warren court CO Case

Answer 21

Small counties in CO got a senator, but big cities found it unfair that they didn’t have more. The supreme court overturned that law despite popular vote and state legislature

Question 22

Strict Necessity Doctrine

Answer 22

The Supreme Court will avoid constitutional resolution of a case if it can be solved another way. Ideally questioning the law>constitution

Question 23

Saving Construction

Answer 23

A court should choose to interpret things as constitutional until proven otherwise

Question 24

Presumption of Constitutionality

Answer 24

Assuming a piece of legislature is constitutional until proven otherwise

Question 25

Narrowness Doctrine

Answer 25

A court should invalidate a law on the most narrow grounds possible

Question 26

Avoid the Creation of New Principles

Answer 26

Courts should attempt to not create new principles in the constitution and follow the basis of existing ones

Question 27

COMMERCE CLAUSE

Answer 27

Congress has the power to regulate commerce domestically and foreign

Question 28

Era One of Commerce Clause

Answer 28

Broad definition, minimal use, not an activist court

Question 29

Era Two of Commerce Clause

Answer 29

Narrow definition, broad use, activist court

Question 30

Era Three of Commerce Clause

Answer 30

Broad definition, broad use, activist court

Question 31

Era Four of Commerce Clause

Answer 31

Less broad definition, less broad use, not an activist court

Question 32

Gibbons vs. Ogden

Answer 32

Ogden is running a ferry and gets a monopoly right to run a course to New York Gibbons, another boat owner, gets a federal license to go across the coast which he claims trumps Ogden’s monopoly. Supreme Court overturns the state grated monopoly because federal law > state commerce

Question 33

State laws and Interstate Commerce

Answer 33

If state laws minimally affect interstate commerce, it can kind of do whatever it pleases. But if it does affect interstate commerce, it has to go

Question 34

U.S. vs. E.C. Knight Co

Answer 34

E.C. is a sugar production company. Congress says there can be no goods traded in interstate commerce that were produced by children. However, the narrow definition of “trade” did not include manufacturing, so the E.C. won the case

Question 35

Hammer vs. Dagenhart

Answer 35

Congress passes a law that they can regulate trade with “immoral goods”

Question 36

Stream of Commerce Doctrine

Answer 36

Included anti-trust acts to restrain trade

Question 37

Schechter Poultry Co

Answer 37

“Sick chicken case”, sick chickens were being transported and traded but it was decided it was not affecting interstate commerce

Question 38

10th Amendment

Answer 38

Caps powers on the commerce clause since it states the feds can simply not impede on state issues. Came to be since feds kept claiming many in-state issues were part of interstate commerce

Question 39

Executive Privilege

Answer 39

When a president feels it is appropriate to withhold information from congress or the courts

Question 40

Stewardship theory

Answer 40

The president may exercise any and all powers they deem necessary unless specifically prohibited by the constitution

Question 41

War Powers Resolution

Answer 41

Before the president sends troops to a foreign soil, congress has to approve

Question 42

Presidential Immunity

Answer 42

The barrier against bringing a civil suit against the president for any of his actions, unless it is private conduct

Question 43

Foreign Presidential Powers

Answer 43

Issues regarding presidential decisions to foreign issues is way less susceptible to constitutional and presidential constraints

Question 44

United States vs. Nixon

Answer 44

Watergate tapes controversy resulted in the Supreme Court adding constitutional status of executive privilege, however it is not absolute

Question 45

Veto Power

Answer 45

Power of the president to block a piece a legislation to becoming law by not signing it

Question 46

Appointment Power

Answer 46

The power of the president to appoint judges, ambassadors, etc

Question 47

Removal Power

Answer 47

the power of the president to remove officials in the executive department and agencies