Module Four Constitution

Question 1

Constitution

Answer 1

establishes structure of government and the relationship of the government to the people that it governs. 1789

Question 2

The Federalist 51

Answer 2

the structure of the government must furnish the proper checks and balances between the different department

Question 3

Structure of U.S. Government

Answer 3

• Power divided between and sometimes shared between federal, state and local governments (vertically)

Question 4

• Federal powers are shared between 3 branches: called tripartite (3 part government)

Answer 4

o Executive-president to execute or enforce laws

o Legislative-congress to make laws
♣ Congress is a bicameral (two house) body consisting of the Senate and HR

o Judicial-court to interpret law
♣ Countervailing powers-designed to compete with and counterbalance one another
♣ Power is divided horizontally

Question 5

The constitution was adopted by the states providing that power is divided as follows

Answer 5

Delegated powers
Shared powers
State police power
Prohibited powers
Powers reserved to the people

Question 6

Delegated powers

Answer 6

♣ Granted the national government by the constitution

• Preemption:
Federal governments superior regulatory position over state laws in the same subject area

Question 7

Shared powers

Answer 7

Powers delegated to the national government that may be shared by the states

Question 8

State police power

Answer 8

The power to govern and adopt laws for the protection of the public health, welfare, safety, and morals

Question 9

Prohibited powers

Answer 9

♣ Prohibits states and the federal government from doing things

• Ex post facto laws:
Law making criminal an act that was lawful when done or that increases the penalty when done

Question 10

Powers reserved to the people

Answer 10

10th amendment

Question 11

Conflicting constitution theories

Answer 11

o Bedrock view:
♣ Strict constructionist interpretation of a constitution

o Living-document view:
♣ Term used when a constitution is interpreted according to changes in conditions

Question 12

Types of Due Process

Answer 12

• Procedural:
o How a thing is done must be fair
o Requires notice and hearing

• Substantive:
o When government affects your rights
o The substance of what is done must be fair

Question 13

Constitutional Provisions for Due Process

Answer 13

• 5th amendment:
applies due process to the federal government

• 14th amendment:
applies due process to the states

Question 14

Judicial tests for interpretation of 14th amendment equal protection

Answer 14

• rational relations:
o basic test

• heightened scrutiny:
o used in sex discrimination cases

• strict scrutiny:
o used in cases involving highly protected classes such as race or color

Question 15

Rational Basis Test

Answer 15

o Is the government action rationally related to a legitimate government purpose

♣ Burden of proof is on the challenger

Question 16

Heightened (intermediate) scrutiny test

Answer 16

o Is the government action substantially related to an important government purpose?

♣ Burden of proof is on the government

Question 17

Strict scrutiny test

Answer 17

o Is the government action necessary to achieve a compelling government purpose?

♣ Burden of proof is on the government

Question 18

Commerce Clause

Answer 18

Constitution allocates business regulation between federal and state governments

Question 19

Due Process Clause

Answer 19

Guarantee against the loss of property or rights without a chance to be heard

Question 20

Quasi-judicial proceedings

Answer 20

Forms of hearing in which the rules of evidence and procedure are more relaxed but each side still has chance to be heard

Question 21

Privileges and immunities clause

Answer 21

Clause that entitles a person going into another state to make contracts, own property, and engage in business to the same extent as citizens of that state

Question 22

Bill of Rights

Answer 22

First 10 amendments of the constitution

Question 23

1st amendment

Answer 23

congress will not make a law establishing a religion, or prohibiting freedom of religion, or prohibiting freedom of speech/press/assemble/petition governments grievances

Question 24

2nd amendment

Answer 24

a well regulated militia shall not be infringed

Question 25

3rd amendment

Answer 25

no soldier shall be put in a house without the consent of the owner

Question 26

4th amendment

Answer 26

the right of the people to be secure in their “persons, houses papers and effects” against unreasonable searches and seizures. Upon probably cause

Question 27

5th amendment

Answer 27

no person shall be held to answer for a capital/infamous crime unless on a presentment or indictment of a grand jury. Nor someone subject to the same offence be twice put in jeopardy of life or limb/shall not be called to be a witness against themselves, nor deprived of life liberty or property without due process of law, nor private property taken for public use without compensation

Question 28

6th amendment

Answer 28

in criminal prosecutions the accused should have the right to a quick and public trial with an impartial jury/informed about the nature of the accusation/confronted with witnesses/have compulsory process for obtaining witnesses in his favor and to have the assistance of counsel for his defense

Question 29

7th amendment

Answer 29

when value in controversy exceeds $20 the right of trial by jury is preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States according to the rules of the common law

Question 30

8th amendment

Answer 30

excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted

Question 31

9th amendment

Answer 31

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

Question 32

10th amendment

Answer 32

the powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively or to the people

Question 33

How to read a case

Answer 33

IRAC
• I-issue: identify issues
• R-rule: what law is involved?
• A-application: apply the law to the facts
• C-conclusion: what answer did the court reach?