Set One Flashcards
Stare Decisis
The doctrine of precedent
Complaint v. Petition
Traditional law action v. Traditional equity action
Equity jurisprudence
Fairness principles instead of technical rules
Judiciary Act, Section 34
“Rules of Decision Act” - fed courts apply state laws when judging lawsuits between citizens of different states (where it does not violate federal law)
Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938)
Case that establishes Judiciary Act
Who drafted the Bill of Rights?
James Madison
Which Founding Father wanted stronger national government?
Federalist Thomas Jefferson
Which Founding Father advocated for a weaker national government?
Anti-Federalist George Mason
Which amendment made the Bill of Rights applicable to the states?
14th Amendment - Due Process Clause
1st Amendment
Freedom of Speech
2nd Amendment
Right to bear arms
3rd Amendment
Protection against housing soldiers in civilian homes
4th Amendment
Protection against unreasonable search and seizure
5th Amendment
Protection against trial w/o indictment
6th Amendment
Right to a speedy trial
7th Amendment
Right to trial by jury
8th Amendment
Protection against excessive bail
9th Amendment
Rights granted by Constitution shall not infringe on other rights
10th Amendment
Powers not granted by Fed belong to the states and people
Supremacy Clause
Article IV, Paragraph 2 -
Where are the Enumerated Powers?
Article 1, Section 1 sets forth enumerated Powers specifically delegated to the Federal gvt
What are the Enumerated Powers? (12)
- Borrow money
- Declare war
- Taxes
- Bankruptcy
- Patents
- Print money
- Establish lower courts
- Exercise legislative powers over seat of power (DC)
- Regulate interstate commerce
- Regulate trade between foreign countries
- Establish post offices
- Raise army and navy
How many amendments have been adopted?
27
Initiating a Constitutional Amendment
Article VI
2 methods
1. Congressional resolution - 2/3 majorities of both houses of Congress and no role for the President
2. State Legislature/Convention - 2/3 of state legislatures can convene a convention of the states to propose an amendment
Ratifying a Constitutional Amendment
Congress determines which 2 methods
1. Legislatures of 3/4 of states
2. 3/4 of state ratifying conventions (only used once, 21st amendment)
Montesquieu
Social and political philosopher
Theory of separation of powers
Legislative Branch Article?
Article 1
Chambers of Congress
House of Representatives and the Senate
Legislature Primary Powers (6)
Enact laws
Raise appropriate funds
Declare war
Impeach officials from executive/judicial branches
Provide consent on presidential appointments (Senate)
Ratifying treaties (Senate)
17th Amendment
Changed the method of selection of senators from states to direct election by the people in each state
Alottment of Congress representatives
Article 1
Each state, 2 senators
House of Representatives is determined by state population
Legislature terms
Senators - 6 year terms
House of Reps - 2 year terms
No term limits
Currently in Congress (number of reps)
100 senators
435 House of Representatives
Who introduces a bill to Congress?
Bills must first be introduced into the House or the Senate by a member
The Origination Clause
Article 1, Section 7, Clause 1
All revenue must originate through the House
Senate may propose or concur w/amendments
Then assigned to committee for review/consideration
How does a bill get passed?
After committee review/consideration, both chambers must pass the same version of the bill by majority
President’s role with Bills
President can sign or veto. If vetoed, it returns to Congress
To Override a Veto
2/3 majority in both chambers is required to override a veto
Executive Branch
Article II of the Constitution
Executive Branch: Which powers?
- Enforce laws of the nation
- Commander and chief of the armed forces and head of state
President can: (5)
- Sign or veto legislation
- Issue executive orders
- Issue presidential memorandums
- Issue proclamations
- Nominate judges to federal courts, subject to the consent of the Senate
Which branch carries out nation’s foreign policy and diplomacy?
Executive Branch
How is the President elected
The Electoral College process
How many terms can the President serve?
2 terms plus two or less years if a person serves part of the last president’s term (22nd amendment)
Judicial Branch
Article III
How is judicial power vested?
“Judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.”
Judiciary Act of 1789
Established the federal court system separate from individual state courts
How are federal courts set up?
Tri-level courts in each federal district
District Court — Circuit Court — Supreme Court
Significance of Marbury v. Madison (1803)
Establishes judicial review, i.e. the power to declare a law unconstitutional
How many Supreme Court justices?
9 justices
How many Circuit Courts? How many District Courts?
13 Circuit Courts
94 District Court
What is Article VI?
Relationships Between the States
“Full faith and credit” location and details
Article IV, Section 1
Requires all states to give full faith and credit to public acts and judicial proceedings of other states
“Privileges and immunities” location and details
Article IV, Section 2
Provides citizens of each state entitlement to all privileges and immunities of citizens of other states
Interplay between Federal and State rests on the establishment of 3 type of powers
- Exclusive federal powers
- Exclusive state powers
- Concurrent powers
Montesquieu’s Spirit of the Laws” said what?
Political power should not be concentrated but divided
3 branches separate and independent promotes liberty
