Unit Test Flashcards

1
Q

Commerce clause

A

Congress can regulate interstate commerce

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2
Q

Necessary and proper clause

A

Congress has the power to make all laws that are necessary and proper to carry out their enumerated powers

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3
Q

What is the preamble

A

We the people

Outlines the purposes of the new government

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4
Q

How many articles in the preamble

A

7

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5
Q

Art 1

A
Legislative branch 
Most important 
Popular sovereignty 
Enumerated powers
Necessary and proper clause 
Commerce clause
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6
Q

Art 1 sec 8

A

Interstate commerce clause
Congress can tax
Congress can create an army and declare war
Enumerated powers

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7
Q

Art 2

A

Executive branch

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8
Q

Art 3

A

Judicial branch
Judicial review
Courts

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9
Q

Art 4

A

Relation among the states
Full faith and credit clause
Privileges and immunities clause

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10
Q

Full faith and credit clause

A

A contract in one state is honored in another

Marriage

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11
Q

Privileges and immunities

A

States can’t discriminate against citizens of other states

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12
Q

Art five

A

Amendment process
4 ways, only two ways used
Formal amendment process

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13
Q

Art 6

A

Supremacy clause

Federal law supreme to state law

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14
Q

Article seven

A

Ratification process

9/13 states needed to ratify

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15
Q

In every major crisis who gets more power

A

The federal government in John Marshall courts

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16
Q

Federal vs. anti federal

A

Anti federalists fear too much centralized power

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17
Q

Advantages of federalism

A

Allows small government to use policy experiment, to experiment policy at lower levels to maybe be used at higher levels

18
Q

Social contract theory from uncivilized to civilized

A

We give up our perfect freedom to gain protection of life liberty and property

19
Q

Federalist paper #51

A

James Madison talks about desperation of powers to guard against tyranny, “angels quote” devious men would make their way into government so we need to get rid of centralized power

20
Q

How did the framers view people

A

Self interested, people use power to get more power; never give it away,

21
Q

James Madison and full faith credit clause

A

States need to be united, respect one another and their contracts. Entitled to privileges and immunities of other states

22
Q

What does the tenth amendment do

A

Reserved powers clause for the states, all powers not delegated to the federal government is reserved for the states

23
Q

Federal paper 10

A

Madison talked about the danger of factions (group with too much power) decentralized power. Created a representative republic to stall the effects of factions

24
Q

Establishment clause

A

Freedom of religion

Wall of separation between church and state

25
Q

Lemon v kuttzman (1971)

A

Struck down state funding for private religious schools

Created lemon test: whether tax money can go to private religious institution

26
Q

Lemon test

A

State money given to church related schools that

  • money must be going to a secular cause: all inclusive not religious
  • money cannot advance nor inhibit religion
  • money cannot create an exclusive entanglement between gov and religion
27
Q

Four major weaknesses of articles of confederation

A

No national army
No national taxation
No national regulation of commerce
No judiciary

28
Q

Cute for articles of confederation weaknesses

A

Interstate commerce clause art 1 sec 8
Congress ability to tax art 1 sec 8
Congress can declare war and hold an army art 1 sec 8
Judicial branch, national courts

29
Q

Six basic constitutional principles

A
Popular sovereignty 
Separation of powers
Limited government 
Checks and balances
Judicial review
Federalism
30
Q

6 basic constitutional principles shortcut

A
Pot
Smokers
Love 
Cannibus 
Juicy fruit
31
Q

Unitarian government

A

A system where the national government holds most of the political power

32
Q

Confederal government

A

All the power to the states

33
Q

Federal government

A

Strong central government sharing power with state and local governments

34
Q

Effects of shays rebellion

A

Rebellious farmer after Massachusetts farmers post land from debts. Biggest deciding factor that the articles of confederation were weak, had to hire mercenaries to end the rebellion after 9 months

35
Q

Goals of Preamble

A
More perfect union  
Establish justice 
Insecure domestic tranquility 
Provide for common defense
Promote for the general welfare
Secure the blessings of liberty
36
Q

Concurrent powers

A

Powers Held by both the state and federal government
Taxing
Police
Courts

37
Q

How to answer written questions

A

Define term
Restate question
Give example

38
Q

Accomplishment of A of C

A

North west ordinance which produced MI

39
Q

Marburg vs. Madison (1803)

A

Judicial review

40
Q

McCulloch v. Maryland

A

Banking issue
Congress can establish bank to elastic and how the enumerated powers were helped, but states can’t tax the legitimate activities of the national government

41
Q

What case said the power to take is the power to destroy

A

McCulloch v Maryland

42
Q

Gibbons v odgen

A

Steamboat with New York and national government issue. Interstate commerce clause from art 1 sec 8