FRQ Gauntlet PREPPPPP Flashcards

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1
Q

Required Docs

Declaration of Independance

A

To justify the american revolution

men derive powers from consent of the gov thus it is the peoples right to alter or demolish when it is destructive

Made judges dependent on his “will” alone -> tenure and payment of salaries

Dissolved representative houses

cut off trade

petitions to the gov not answered

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2
Q

Required Docs

Articles of Confederation

A

Shay’s rebellion (TRIGGER) - uprising of revolutionar wr veterans … necesesity for stronger gov

Seperate colonies fought for a united cause but remained seperate in ideology .. “league of freindship for a common defense and security of liberties and general welfare”

DELEGATES - between 2 and 7 reps… no salary no more than 6 years

STATES HAVE THEIR OWN MALITIAS … no war b/t states

PROBLEM: econ… only state gov. levy taxes. Nat gov had to request from states… nat gov could not pay debt or secure new funds —> foreign gov reluctance

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3
Q

Constitution of the US

A

EST the structure of gov post federalist papers

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4
Q

Fed. No. 10

A

DIVISIONS OF CLASS -> factions

can not remove a faction so must mitigate its effects

constitution FILTERS effects of a faction

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5
Q

Brutus No. 1

A
  • feard representatives would not relinquish power
  • feared representatives not listen to constituancy
  • feared the economic power of the nat gov

feared military lead to a decrease in liberty

Necessary and Proper clause too much power

large pop. = decrease feasability

people would be disconeected with the gov and its rulings

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6
Q

Fed. No. 51

A

Checks and balances

ambition should counteract ambition

create a dependancy on the people

less likely for overtake by the minority

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7
Q

Fed. No. 70

A

“energy” -> deciveness

will be diluted

Singluar person at the head of the exec. branch

too many cooks in the kitchen -> restraints of public peiole = no true accountability

one person -> punishment
many people -> harder to punish

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8
Q

Fed. No. 78

A

JUDICIARY

must maintian goood behavior

WEAK… never really attack other places of gov. or liberties

superiority of the courts powers

qualified inidivuals

seperation = no pop. contest

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9
Q

Letter from a Birmingham Jail

A

Answ. to white moderate

perception of time for minorities necessity to acto outside of gov sometimes

concept of unjust laws inflicited on a minority that the minority did not help create

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10
Q

Marbury v. Madison

A

ESTABLISHED Judical Reveiw

Act of contress - judicairy act of 1789 violated constitution

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11
Q

McCulloch v. Maryland

A

Does congress have the poser to create a national bank and cna Maryland tax the national bank??

Rulled w/ McCullcoh that the state of Maryland interfered with IMPLIED POWERS

FEDERALISM

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12
Q

Schenck v. United States

A

Schenck encouraged men to resist miltary draft via pamplet and violated Epionage act

What is protected free speech - 1st amendment?

“clear and present danger”

-> permission of time place and manner resitctions to free speech

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13
Q

Brown v. Board of Edu. of Topeka

A

14 th amendment EQUAL PROTECTION CLAUSE

“seperate but equal” is in violation of constitution

overturned plessy v. fergunson

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14
Q

Baker v. Carr

A

Redistricting can violate the EQUAL Protection clause of 14th amendment

“one person one vote” doctrine

Baker -> lived in a large pop with only one congress men
rural areas overrepresentated

Formulated the political question doctrine

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15
Q

Engel v. Vitale

A

1st Amendment - RELIGION IN SCHOOLS

!!!!!!!! claimed that the law violated the ESTABLISHMENT CLAUSE

States didn’t have the right to est. this type of law b/c DUE PROCESS CLAUSE of the 14th Amendment

New York passed a law requiring PUBLIC schools to open the daywith Pledge of Allegiance & NON DENOMINATIONAL PRAYER

allowed students to excuse themselves from the activity and not recite the prayer
Parent sued on behalf of the child

Breeched seperation of church and state

Not approprite for the gov to sponcer a specific belief.

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16
Q

Tinker v. Des Moins

A

arm bands

1st amendment - freedom of speech in schools

(7-2) policy was violation of students freedom of speech

also decided that because of a school setting if it was distuptive school could put policies enforcing it

students not guarenteed the same extent of rights

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17
Q

NYT co. v. US

A

1st Amendment - feedom of the press

Are the government’s efforts to prevent the New York Times’ publication of “sensitive information” with prior restraint in violation of the First Amendment clause regarding the freedom of press?

Leaked to NYT
“Pentegono Papers”

Nixon Admn cited nat security conerns and barred the publication of papers with censorship

PRIOR RESTRAINT WAS UNCONSTITUTIONAL

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18
Q

Wisconsin v. Yoder

A

AMISH STUDENT

1ST AMENDMENT - FREEDOM OF EXPRESSION

3 Amish parents prosecuted for violating Wisconsin state law req. children to attend school until 16 (from age 6)

Conflict w/ Amish beliefes
Did not send children to school past 8th grade

CONFLICT WITH FUNDEMENTAL AMISH WAY OF LIFE

19
Q

Roe v. Wade

A

PRIVACY CASE

PRIVACY INDIRECTLY STATED IN 1ST 4TH, 9TH, AND 14TH

20
Q

Shaw v. Reno

A

Impact to redistricing and racial gerrymandering

drew majority minority districts… District 1 adn district 12 were insanely weird

redistrictin must have a strict scrutinty

EQUAL PROTECTION CLAUSE 14th A

21
Q

United States v. Lopez

A

Lopez walked inot HS with concealed wepon

violated a texas law
and chaged with fivolating Gun-Free Schools act (federal)… based on the commcerce clause

exceeds the power of Congress to legislate under the commerce clause?

YES IT DID VIOLATE THE POWERS OF THE COMMERCE CLAUSE

gun not related to econ. activiity

FEDERALISM

22
Q

McDonald v. Chicago

A

Guns - 2nd Amendment
14th amndment extednds to
the 2nd Amendment Rights

Chicago law banned new regesraiton of handcuns w/ prereq of possesion of a farearm

Mcdonald - grandpa dude sued

purpose of handguns v. other fierearms

Fourteenth Amendment makes the Second Amendment right to keep and bear arms for the purpose of self-defense applicable to the states.

23
Q

Citizens United v. FEC

A

how and when companies and other organizations can spend their own money to advocate the election or defeat of a candidate.

Does a law that limits the ability of corporations and labor unions to spend their own money to advocate the election or defeat of a candidate violate the First Amendment’s guarantee of free speech?

The Court ruled, 5-4, that the First Amendment prohibits limits on corporate funding of independent broadcasts in candidate elections. The justices said that the government’s rationale for the limits on corporate spending—to prevent corruption—was not persuasive enough to restrict political speech

24
Q

BOR - amendment 1

A

Freedom of Speech
Freedom of expresion
Freedom of the press
feedom to petition the gov
Freedom to assemble
Freedom of religion (establishment or exersize)

25
Q

BOR - amendment 2

A

bear arms

26
Q

BOR - amendment 3

A

no quartering

27
Q

BOR - amendment 4

A

no search and seizure w/o warrent

28
Q

BOR - amendment 5

A

Grand jury
double jepordy
witness against themselves
due process of the law
compensation for prop. taken

29
Q

BOR - amendment 6

A

speedy and pub. trial
impartial jury
Witnesses

30
Q

BOR - amendment 7

A

Right to jury

(20 buccks)

31
Q

BOR - amendment 8

A

exessive fines
crule and unusal punisment

32
Q

BOR - amendment 9

A

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

33
Q

BOR - amendment 10

A

pwr. not delgated ot US nor prohibited it to the state are for the people

34
Q

Amenment 14

A
35
Q

Amendment 15

A
36
Q

Amendment 16

A

It grants Congress the authority to issue an income tax without having to determine it based on population

37
Q

Amendment 17

A
38
Q

Amendment 22

A
39
Q

Amendment 24

A
40
Q

Amendment 26

A
41
Q

Writ of Habeous Corpus

A

Provide beyond a resonable doubt that an individual has commited a crime

42
Q

Bill of attainer

A

A bill of attainder is a piece of legislation that declares a party is guilty of a crime. Bills of attainder allow the government to punish a party for a perceived crime without first going through the trial process.

In the United States, bills of attainder are unconstitutional as stated in Article 1 Section 9 and Article 1 Section 10 of the U.S. Constitution

43
Q

Gideon v. Wainwright

A

6th amendment

s right to an attorney extends procedural due process protections to
felony defendants in state courts