Exam 1. Constitution (ch. 4)

Question 1

What was the intent of the government’s purpose according to Federalist 51 (James Madison)?

Answer 1

structure of gov. must use checks and balances between diff. departments.

Question 2

What is the purpose of the constitution?

Answer 2

to create a federal system where power is divided between, and sometimes shared, with federal, state, and local governments

Question 3

what is the great difficulty about establishing government?

Answer 3

giving the gov. power to control people and oblige it control itself.

Question 4

Structure of the FEDERAL government

Answer 4

federal - state - people

Question 5

how is the federal government divided?

Answer 5

vertically

Question 6

Where are the federal powers shared between?

Answer 6

executive branch, legislative and judicial.

Question 7

What are the federal powers considered and what is it supposed to maintain?

Answer 7

countervailing - designed to compete and balance each other.

Question 8

What are the constitutional rights considered? What does that mean?

Answer 8

negative rights- the gov. can’t control them

Question 9

What are the 2 types of due process?

Answer 9

Procedural and substantive

Question 10

Procedural due process

Answer 10

• how a thing is done must be fair and requires notice (statement of summon) and hearing

Question 11

Substative due process

Answer 11

when the gov. affects your rights
- the substance of what is done must be fair meaning that if you get executed it must be for a crazy crime

Question 12

What are the constitutional provisions for due process?

Answer 12

5th and 14th amendment

Question 13

where does the 5th amendment apply to for due process?

Answer 13

applies due process to the FEDERAL government

Question 14

where does the 14th amendment apply to for due process?

Answer 14

applies to the states

Question 15

What are the 3 judicial tests to prove equal protection?

Answer 15

• rational relations (applied to all law)
• Heightened scrutiny (used in sex cases male/female)
• strict scrutiny (used in cases involving highly protected classes like race/color)

Question 16

What does the rational basis test ask?

Answer 16

is the gov. action rationally related to a legit gov. purpose?

Question 17

In court, who is the burden of proving proof to challenge conviction on?

Answer 17

the challenger; proves that what you did does not go against the governments purpose of convicting you
- ex. you going to court to prove that you didn’t do something.

Question 18

What does the heightened scrutiny test ask?

Answer 18

is the gov. section substantially related to an important government purpose?

Question 19

In court, who is the burden of proving on?

Answer 19

the government (needs to provide evidence and decide)

Question 20

What does the strict scrutiny test ask?

Answer 20

is the gov. action necessary to achieve compelling gov. purpose ?

Question 21

In court, who is the burden of proof on?

Answer 21

the government

ex. of use; segregation

Question 22

What does the privileges and immunities mean?

Answer 22

dont discriminate against people in different states?

Question 23

What does the commerce clause entail?

Answer 23

gives congress power to regulate commerce and provide constitutional basis for broad federal regulation powers.
- shifted power from states to fed. gov.
- transactional -> affectation doctrine

Question 24

How many amendments does the bill of rights include?

Answer 24

the first 10

Question 25

how was the constitution amended?

Answer 25

judicial decision