stuff i keep getting wrong Flashcards
why cannot a U.S. Supreme Court review how state supreme courts interpret state constitutions
- violation of federalism
U.S. Congress is responsible for writing bills that become
statutes
what are the number of justices on the Supreme Court determined by
federal law, not the constitution
accurate description of Marbury v Madison
- The Supreme Court asserted the power of judicial review
- The Supreme Court held that a law expanding its original jurisdiction was unconstitutional
what was the views of the authors of Federalist 78 of the possibility that the judiciary could become too powerful?
- it was unlikely, because the Supreme Court has no way to enforce its decisions on the other branches
- ‘it may truly be said that to have neither FORCE nor WILL, but merely judgement; and must ultimately depend on the aid of the executive arm even for the efficacy of its judgements’
what was the problem of the Articles of Confederation was the Constitution designed to fix?
The government under the Articles was too weak
Suppose a case is appealed to the Supreme Court, but the Supreme Court decides that it doesn’t have appellate jurisdiction over that particular type of case. To make that determination, the Supreme Court would have to look at what text, in addition to Article III of the Constitution?
Federal Statute
2 ways Chief Justice Marshall changed how the judiciary or the entire federal government functions
- he established the judiciary’s power of the judicial review
- he helped the judiciary take on an important role in policing the separation of powers and enforcing federalism
- he expanded the federal government’s power under the Necessary and Proper Clause
- he expanded the federal government’s power under the Interstate Commerce Clause
originalism
- view that the Constitution should be interpreted by looking at how it was understood when it was adopted
Living Constitutionalism
view that the Constitution’s meaning should evolve to keep up with social, economic and cultural changes
congress =
senate + house of representatives
how do constitutional rights protect individual freedom
- constitutional rights limit government action, including what statutes legislatures can write and what actions executive-branch officials can take to enforce the law.
- this creates an area for people to act as they choose
3 solutions on how the framers aimed to limit the power of the federal government
- checks and balances
- gov of enumerated powers
- bill of rights
is the 14th amendment part of the bill of rights
- no, the bill of rights consists only of the first 10 amendments to the constitution, not later ones like the 14th amendment
does the supreme court’s power of judicial review come from statute, case law, or the constitution?
case law; specifically, the case of Marbury v Madison
- the constitution doesn’t mention judicial review
Does the President’s veto power over proposed legislation come from statute, case law, or the constitution?
Article 1 of the Constitution (the Presentment Clause)