Sheet legal english Flashcards
1
Q
US Constitution (oldest written constit still used)
A
- 1st-7 articles: federal gouv, the judiciary, interstate and federal-state relation
1st-10 amendments: Bill of Rights=indiv rights of citizen - Proivides the legal frameworks and a set of rules by wich the USA are governed
2
Q
Importance of federalism
A
- Significant power to the states
- Us Supreme Court, Obergeffel v. Hodges, 2015: legalized same-sex marriage
- 10th amendment build federalisme
- Power of federal gov is the exception and constit defines them
- The Constitution gives more power to the central state, compared to the Articles of Confe
3
Q
Evolution of federalism
A
- Supreme Court, McCulloch v. Maryland, 1819: favored federal gov by creating a national bank
-> Article I, Section 8: Necessary and Proper Clause ( give Congress power to make laws)
-> Article VI: Supremacy clause (federal law>state) - 20th reinforcement of the role player by fed gov (Roosevelt, Johnson, Obama)
4
Q
State: laboratories of democraty & markets of laws
A
- Each stat is free to shape its law
- States may “compete” by offering laws and policies that may be better or cheaper alternative
- Supreme Court ruling (Roe v. Wade, 1973)
- In Dobbs v.Jackson Women’s Health, SC overturned
5
Q
Articles IV and VI
A
IV sec 1: full faith and credit clause=all the laws and policies of one state gov would be respected by all other states
IV sec 2: privilege and immunities clause= prohibiti interstate discrimination
VI sec 2: supremacy clause=hierarchy of laws
6
Q
House of Representatives
A
- Members are elected every 2 years
- Speaker of the House: elected by the House
- Has ‘sole power of impeachment” -> remove high officials from exe and judi function
7
Q
The Senate
A
- Every states are represented by 2 senators
- Senate is presided over the VP of the USA, the Majority Leader whose party holds the majority of Senate seats
- Has “sole power of impeachments” and make final decision as to whether a House impeachment
8
Q
Elections
A
- State are responsible for the organization
- First tuesday after the first Monday of November
9
Q
Rules to vote a law
A
- A quorum (half the member being present) are necessary for either house
- Both house set their own respective rules ( Senate allows unlimited filibustering -> silent filibustering: Senate move on to other business that would filibustered (not debated)
10
Q
Legislative process, veto
A
- Bills start in both House exepct revenue bills (House)
- “Power over the purse” -> Congress control public financies
- President have 10 days to act:
1) approve the bill and sign it -> becomes a low
2) vetoes and send back to the House
3) Used his pocket veto (does nothing) -> not responsable
11
Q
Reinforcement of the Presidential institution
A
- US became world’s most dominant superpower
- Inability of the other power to defend constitutionnal prerogatives
- Use some parts of the Constit’s lack to clarify/precise
12
Q
Power of the President
A
- War powers: commander in chief of army/navy
- Treaties: deal without consent of leg power
- Nominations; all federal judges
- Right to pardon
- Take care clause: leader of the executive
- State of the Union: leg role
- Recommendations clause: give Congress leg agenda
- Bully pulpit: communicates with the people
- Unilateral powers; pub policy without Congress
13
Q
Article II, section 1
A
- Candidate 35 yo, american born and lived in USA for 14 years
- Elected for 4-year term by an electoral college that reflect the federal structure of the USA
14
Q
The electoral college
A
- numbers of elector equal of Congress member
- 538 electors, 270 electoral votes to be pdr
- Ticket: presidential and vice-president
- If no majority -> contingent election
15
Q
Election and Primaries
A
- President inaugurated on January 20
- Oragnization of primaries is not outiled in constit:
1) Closed primaries (only registered members)
2) Semi-closed ( registered vote in their party’s primaries but independent can choose)
3) Open primaries: vote in the primary you choose
16
Q
Article III
A
- establish the judicial branch
- judges cannot interpret and apply the laws
- necessity to dvp US federal judiciary
17
Q
Article III section 1
A
- 1 suprem court -> guarantees congress the right to dvp inferior courts when necessary
- Indepedance of all judges protected (supports the balance of powers)
18
Q
US discrit courts
A
- 94 federal trial courts: all states have at least 1
- Federal, civil cases, sometimes criminal
- States: own legal management systems
19
Q
US circuit court of appeals
A
- Dvp through areas, divided into 13 sections
- Appeals from all the 94 disctrict within these 13 circuit court are heard by the corresponding fed court
- Criminal laws: appeal can exist against an acquittal but a jury is rarely contested
- Circuit court of appeals is the time for most cases cause access to US Suprem Court is difficult
20
Q
Power to check and balance the federal leg branch, the exe and state laws by USSC
A
- USSC protect individual right and limits state sovereignty based on constit
- 9 justicies, choose for life by pdr and confirmed by Senate-> Chief Justice John Roberts leads the court
- Court’s term start in October, deciding by majority vote and justicies choose most cases
- Petitions come from loosing parties in lower courts (100 of 10.000/ year are accepted)
- USSC reviews if gov actions are constit and sets precedents for lower courts
21
Q
Debate throughout history over the role of the court and its scope of influence (evolution historique USSC et son champ d’influence)
A
- Judicial restraint: constit interpreted strictly
- Idea of a “living constitution”-> USSC should evolve to reflect changes in society (common law)
- Justicies are regulary described with labels (conservative, moderate, liberal)
22
Q
Article III, section 2
A
- Limited jurisdiction of fed courts : they can only hear judicial conflicts
- 2 board of categories of subject: federal question and diversity of citizenship
23
Q
Federal question
A
- Cover lawsuits (poursuites) in wich plaintiffs
- Federal issues: brought from an initial complaint
- “Well-pleaded complaint rule”: established that federal questions eventually be heard in front of a federal court
24
Q
Diversity of citizenship
A
- Citizen= individual & entities
- Protection of litigiants exists to prevent any potential prejudices interest in the outcome of a case
- Matters affected by this diversity
- Problem; when the litigants are “citizen” who have residence in different jurisdiction -> congress legislated that fedeal court may hear diversity cases if they involved either more that 1 state or exceeds 75.000 dollars
