Video Notes: U.S. Constitution & Supreme Court

Twenty practice flashcards covering key concepts from the lecture notes on the U.S. Constitution and the Supreme Court.

What is the U.S. Constitution celebrated as the world’s oldest written national charter?

The U.S. Constitution.

What feature of the Constitution allows it to evolve with American society while preserving core institutional designs?

A flexible amendment process.

Under the Articles of Confederation, what power did the national government lack that affected its budget?

Power to tax.

What effect did the unanimous amendment requirement have under the Articles of Confederation?

Made changing the Articles virtually impossible.

What event culminated in the drafting of a new framework for the U.S. government in 1787?

The Constitutional Convention of 1787.

During 1774–1781, which body acted as a de facto government and helped lay groundwork for a new framework?

The Continental Congress.

Name the three interlocking principles the framers drew from Enlightenment thinkers.

Separation of Powers / Checks and Balances; Federalism; Individual Rights and Liberties.

Give one example of a power the Confederation Congress had and one power it lacked.

Had power to declare war; lacked power to regulate interstate commerce.

When was the Virginia Plan presented?

May 29, 1787.

What does the Supremacy Clause establish?

Federal law overrides conflicting state law (Article VI).

How many amendments comprise the Bill of Rights, and when were they ratified?

The first ten amendments, ratified in 1791.

Which Federalist argued that 'The Constitution is itself a Bill of Rights'?

Alexander Hamilton.

What is judicial review?

The power of the judiciary to declare legislative acts or executive actions unconstitutional.

What is the Rule of Four in certiorari decisions?

At least four justices must vote to grant cert.

What is an amicus curiae brief?

A 'friend of the court' brief submitted by non-parties.

What does 'stare decisis' mean?

The legal principle of adhering to precedent.

Name two interpretive methods used to interpret the Constitution (Table 1‑1).

Original intent and Original meaning.

What does 'Textualism' emphasize?

The plain text of the Constitution.

What is pragmatism in constitutional interpretation?

Choosing interpretations that avoid bad consequences.

Name a landmark case that established judicial review.

Marbury v. Madison (1803).