stuff i keep getting wrong

Question 1

why cannot a U.S. Supreme Court review how state supreme courts interpret state constitutions

Answer 1

• violation of federalism

Question 2

U.S. Congress is responsible for writing bills that become

Answer 2

statutes

Question 3

what are the number of justices on the Supreme Court determined by

Answer 3

federal law, not the constitution

Question 4

accurate description of Marbury v Madison

Answer 4

• The Supreme Court asserted the power of judicial review
• The Supreme Court held that a law expanding its original jurisdiction was unconstitutional

Question 5

what was the views of the authors of Federalist 78 of the possibility that the judiciary could become too powerful?

Answer 5

• 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’

Question 6

what was the problem of the Articles of Confederation was the Constitution designed to fix?

Answer 6

The government under the Articles was too weak

Question 7

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?

Answer 7

Federal Statute

Question 8

2 ways Chief Justice Marshall changed how the judiciary or the entire federal government functions

Answer 8

• 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

Question 9

originalism

Answer 9

• view that the Constitution should be interpreted by looking at how it was understood when it was adopted

Question 10

Living Constitutionalism

Answer 10

view that the Constitution’s meaning should evolve to keep up with social, economic and cultural changes

Question 11

congress =

Answer 11

senate + house of representatives

Question 12

how do constitutional rights protect individual freedom

Answer 12

• 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

Question 13

3 solutions on how the framers aimed to limit the power of the federal government

Answer 13

• checks and balances
• gov of enumerated powers
• bill of rights

Question 14

is the 14th amendment part of the bill of rights

Answer 14

• no, the bill of rights consists only of the first 10 amendments to the constitution, not later ones like the 14th amendment

Question 15

does the supreme court’s power of judicial review come from statute, case law, or the constitution?

Answer 15

case law; specifically, the case of Marbury v Madison
- the constitution doesn’t mention judicial review

Question 16

Does the President’s veto power over proposed legislation come from statute, case law, or the constitution?

Answer 16

Article 1 of the Constitution (the Presentment Clause)

Question 16

Does Congress’ authority over the Supreme Court’s appellate jurisdiction come from statute, case law, or the Constitution?

Answer 16

Article 3 of the constitution

Question 17

Restaurants as a private institution

Answer 17

• First Amendment does not require that the owners abide by the Free Speech Clause. Under the state action doctrine, constitutional rights are limits on governmental actors, not on private actors or businesses

Question 18

what would the first amendment prohibit?

Answer 18

the government from banning all political speech in a public area.

Question 19

3 discussed arguments for free speech

Answer 19

1. Democracy
2. Marketplace
3. Individual rights

Question 20

What case is this dictum from?

Answer 20

‘The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic

Question 21

what does incorporation mean in selective incorporation

Answer 21

1. means that the 14th Amendment Due Process Clause incorporates some of the rights in the Bill of Rights, and therefore makes those rights binding on the state government

Question 22

What is the selective part of selective incorporation?

Answer 22

Selective because the Supreme Court early on decided that the 14th Amendment did not incorporate the entireity of the Bill of Rights against state governments. Instead, the courts decides on a case-by-case basis whether a particular right found in the Bill of Rights is so important that failing to apply it to a state government would constitute a violation of due process under the 14th amendment. Some parts of the Bill of Rights have still not been incorporated (though most have)

Question 23

state action doctrine

Answer 23

• constitutional rights only limit government actors, not private people or private institutions

Question 24

constitution places limits on..

Answer 24

legislature which writes laws governing private actors

Question 25

how does a constitutional right protect individual freedom?

Answer 25

• limited how the legislative and executive branches can regulate private actors

Question 26

state action doctrine says that

Answer 26

• constitutional rights only limit governmental actors

Question 27

when was the constitution amended to include the Bill of Rights (first 10 amendments)

Answer 27

1791

Question 28

what was the concern of the framers

Answer 28

• federal government would become too powerful
• thats why the 10th amendment ‘reserves’ all non-enumerated powers for the state governments

Question 29

why was a large centralised government seen as more likely to become tyrannical?

Answer 29

• less responsive to the will of people

Question 30

what changed for the bill of rights to apply to not only the federal government but the state government too

Answer 30

• the civil war

Question 31

what did the fact some states had fought against the federal government to maintain the system of slavery show

Answer 31

• needed constitutional limits on state governments, not just the federal government, to ensure individual freedom

Question 32

what are the 13th, 14th, 15th amendment called

Answer 32

• reconstruction amendments because they were added during the post-civil war period called reconstruction

Question 33

Due Process Clause (14th Amendment)

Answer 33

• ‘nor shall any state deprive any person of life, liberty, or property, without due process of law’

Question 34

Presentment Clause

Answer 34

A bill passes both the House of Representatives and the Senate.
The bill is presented to the President.
The President has 10 days to sign the bill into law or veto it and return it to Congress with an explanation.
If the President doesn’t return the bill within 10 days, it becomes law unless Congress prevents its return by adjourning.

• If President doesn’t return the bill in 10 days, it becomes a law unless Congress prevents its return by adjourning

Question 35

federal exec examples of departments

Answer 35

• DOJ
• Department of Homeland Security, and the State Department

Question 36

state federal examples of departments

Answer 36

• department of public health, and the department of education

Question 37

state legislative branch

Answer 37

• 49 states have bicameral legislatures
• nebraska only state with unicameral legislature

Question 38

what does Congress use the Interstate Commerce Clause to legislate on

Answer 38

• public health, civil rights, environmental protection, and interstate crimes

Question 39

federal judicial branch

Answer 39

• Constitution establishes a Supreme Court
• The Constitution says that Congress can set up additional courts, which was one of the first acts of Congress after the Constitution was ratified

Question 40

state judiciary branch

Answer 40

• every state has a supreme court and lower courts
• state courts deal much with disputes between private citizens and handling family matters

Question 41

federal courts - judicial branch

Answer 41

• federal crimes
• handling issues that the Constitution explicitly says are the power of the federal government alone
• hearing challenges to the constitutionality of laws under the federal Constitution