FRQ Gauntlet PREPPPPP Flashcards
Required Docs
Declaration of Independance
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
Required Docs
Articles of Confederation
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
Constitution of the US
EST the structure of gov post federalist papers
Fed. No. 10
DIVISIONS OF CLASS -> factions
can not remove a faction so must mitigate its effects
constitution FILTERS effects of a faction
Brutus No. 1
- 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
Fed. No. 51
Checks and balances
ambition should counteract ambition
create a dependancy on the people
less likely for overtake by the minority
Fed. No. 70
“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
Fed. No. 78
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
Letter from a Birmingham Jail
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
Marbury v. Madison
ESTABLISHED Judical Reveiw
Act of contress - judicairy act of 1789 violated constitution
McCulloch v. Maryland
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
Schenck v. United States
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
Brown v. Board of Edu. of Topeka
14 th amendment EQUAL PROTECTION CLAUSE
“seperate but equal” is in violation of constitution
overturned plessy v. fergunson
Baker v. Carr
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
Engel v. Vitale
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.
Tinker v. Des Moins
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
NYT co. v. US
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