The U.S. Constitution and Judiciary: Key Concepts and Historical Developments

What system of government did the Articles of Confederation create?

Federalism, where states have more power than the national government.

What was the structure of Congress under the Articles of Confederation?

A single, unicameral legislature where each state had one vote.

What was required for Congress to pass important measures?

The vote of 9 states.

What was necessary to amend the Articles of Confederation?

Approval from all states.

What powers did Congress have under the Articles of Confederation?

Foreign relations, coining money, establishing weights and measures, resolving disputes between states, and borrowing money.

What autonomy did states have under the Articles of Confederation?

States could create their own currencies and enter into treaties with other nations.

What was one major issue with the Articles of Confederation?

Congress had no power to tax or regulate commerce.

What was Shay's Rebellion?

A rebellion by property owners suffering from economic crisis due to Congress' inaction.

What was the Virginia Plan?

A proposal for a bicameral legislature with representation based on state population.

What was the New Jersey Plan?

A unicameral legislature where each state had one vote, strengthening federal powers.

What was the Connecticut Compromise?

A compromise establishing a bicameral Congress with proportional representation in the House and equal representation in the Senate.

What is the Supremacy Clause?

It establishes that the Constitution and federal laws are the supreme law of the land.

How was the executive branch structured according to the Constitutional Convention?

A single executive elected by the people, with powers to veto legislation and command the military.

What was the process for electing the president?

Indirectly elected by the people through the Electoral College.

What was a major point of disagreement regarding the judiciary?

The extent of the federal judiciary and the selection of judges.

What was the compromise regarding the selection of judges?

The president nominates Supreme Court justices, with the Senate providing 'advice and consent.'

What are bills of attainder and ex post facto laws?

Bills of attainder declare individuals guilty without trial; ex post facto laws retroactively apply criminal liability.

What was the Anti-Federalist argument against the Constitution?

It granted the federal government too broad and ambiguous powers, threatening state sovereignty.

What was the Federalist response to concerns about the size of the federal government?

Individuals are motivated by private interest, and an 'extended republic' preserves individual liberties.

What was the outcome of the ratification process for the Constitution?

Delaware was the first state to ratify on December 7, 1787, and the 9-state requirement was reached by June 21, 1788.

How many amendments did James Madison propose for the Bill of Rights?

Madison originally proposed 19 amendments, but only 10 were ratified.

When were the Bill of Rights ratified?

December 15, 1791.

What was the significance of the Constitutional Convention?

It established a new framework for the federal government, addressing the weaknesses of the Articles of Confederation.

What was the main concern regarding democratic representation in the Constitution?

The Constitution limited popular representation, resembling an aristocracy or monarchy.

What did the Federalist Papers promote?

The Federalist argument in favor of the Constitution, addressing concerns about its radical nature and the scope of federal power.

What was the role of state conventions in the ratification of the Constitution?

State conventions, rather than state legislatures, ratified the Constitution to avoid conflicts of interest.

What was the impact of Shay's Rebellion on the Constitutional Convention?

It highlighted the weaknesses of the Articles of Confederation and the need for a stronger federal government.

What was the compromise regarding the federal judiciary?

Establish a Supreme Court with the ability for Congress to create inferior courts.

What did Alexander Hamilton say about the Judiciary?

It will always be the least dangerous to the political rights of the constitution.

What is the primary jurisdiction of the Supreme Court?

Original Jurisdiction includes cases involving ambassadors, public ministers, consuls, and disputes between states.

What is Appellate Jurisdiction?

It involves all cases falling under the jurisdiction of lower federal courts, with exceptions made by Congress.

What are the subjects of Federal Question Jurisdiction?

Cases arising under the Constitution, federal laws, and treaties.

What does the Judiciary Act of 1789 establish?

It established 3 layers of the federal court system: 1 Supreme Court, 3 circuit courts, and 13 district courts.

What is a Writ of Mandamus?

It allows citizens to ask a court to order an official to perform a task.

What is the goal of Criminal Courts?

To punish wrongdoing and determine guilt.

What is the standard of proof in Criminal Courts?

Beyond a reasonable doubt.

What is the goal of Civil Courts?

To make the injured person whole again and determine liability.

What is the standard of proof in Civil Courts?

Preponderance of the evidence ('more likely than not').

What is the role of District Courts?

To apply the law to the facts and determine guilt or liability.

What is the role of Appellate Courts?

To interpret the law as applied in lower courts and determine if errors occurred.

What are the internal limitations on SCOTUS?

Ashwander Rules, which prevent justices from offering advisory opinions or ruling on hypothetical issues.

What is the Political Question Doctrine?

It states that SCOTUS will refuse to hear cases better suited for another branch of government.

What are the external limitations on SCOTUS?

Threat of impeachment, public opinion, congressional changes to laws, and constitutional amendments.

What is the process for appointing SCOTUS justices?

Presidential nomination, Senate confirmation, and issuance of a commission.

What is Judicial Review?

The power of a federal court to hold unenforceable any law conflicting with the Constitution.

Who established Judicial Review?

Chief Justice John Marshall in Marbury v. Madison.

What is Originalism in constitutional interpretation?

Interpreting the Constitution according to its provisions and the original intention of the Founders.

What does Living Constitutionalism advocate?

Interpreting the Constitution in light of contemporary societal values and needs.

What is Judicial Restraint?

Judges should avoid overturning actions of popularly elected branches of government.

What is Judicial Activism?

Judges are encouraged to intervene and reverse actions of elected officials.

Who was the first Catholic Justice on the Supreme Court?

Roger Brooke Taney (1836).

Who was the first female Justice on the Supreme Court?

Sandra Day O'Connor (1981).

Who was the first African-American Justice on the Supreme Court?

Thurgood Marshall (1967).

Who was the first Hispanic and female Hispanic Justice on the Supreme Court?

Sonia Sotomayor (2009).

Who was the first female African-American Justice on the Supreme Court?

Ketanji Brown Jackson (2022).