Question 2 Flashcards

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1
Q

(Constitution as higher law) government is responsible for the

A

Security of citizens rights

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2
Q

(Constitution as higher law) places limitations on

A

Government

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3
Q

(Constitution as higher law) adheres to the idea of

A

Rule of law

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4
Q

(Constitution as higher law) is based on the

A

Consent of the governed

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5
Q

(Constitution as higher law) favor of constitution as higher law is indicated in the

A

Virginia declaration and Declaration of Independence

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6
Q

(Federalist 81) through the constitution judicial power is to reset in

A

One Supreme Court and inferior tribunals as appointed by congress

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7
Q

(Federalist 81) some believe that the judicial branch should be part of the

A

Legislature rather than its own branch these people believed the judicial’s power would be too significant if it were its own ranch

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8
Q

(Federalist 81) Hamilton refutes the argument that judicial power would be too significant, stating that in the constitution, there is no provision that states that the

A

Judicial will directly interpret the laws according to the spirit of the constitution

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9
Q

(Federalist 81) the constitution will serve as the

A

Standard by which laws are created

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10
Q

(Federalist 81) the notion of combining not judicial and legislative would serve to undermine the principle of the

A

Separation of powers in that those who made the laws would be “too apt in interpreting them.”

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11
Q

(Federalist 81) in addition those who would violate the constitution through making the laws in the legislature would not

A

Desire to repair this error through interpreting the laws

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12
Q

(Federalist 81) Hamilton believed that legislators wee not necessarily

A

Qualified to serve as judges

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13
Q

(Federalist 81) the fear that judicial’s decisions would undermine legislative power is

A

Irrational in that the judicial has no legitimate power to enforce its decisions

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14
Q

(Federalist 81) Hamilton justifies the inferior courts by saying that state courts would be

A

Biased by a local spirit

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15
Q

(Federalist 81) inferior tribunals would avoid for all cars to

A

Go to the Supreme Court. They also deal with issues that that take place within their limits.

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16
Q

(Federalist 81) deals with he distribution of power between

A

Supreme courts and inferior courts

17
Q

(Federalist 81) some feared that the appellate jurisdiction of the Supreme Court would

A

Overrule trial by jury. Hamilton refutes this

18
Q

(Federalist 81) constitution would not override

A

State sovereignty

19
Q

(Constitution as higher law) establishes rights of

A

Citizens