Federal Government Unit I Exam Review - Catherine Bottrell

Implied Power

Constitutional authority, given through the necessary and proper clause, that congress has to take action not specifically expressed in the constitution but is supported by the constitution.

Enumerated power

are the seventeen listed power that congress has given to through Articles 1 section 8. Like the power to tax and national defense.

Writ of Habeas Corpus

located in article I section 9 paragraph 3, is a claim of wrongful conviction saying that there has been a constitutional violation. You cannot claim innocent but you can ask for DNA testing.

Bill of attainder

located in article I section 9 paragraph 3, tells that no matter how obviously guilty someone is, you cannot be automatically punished. You are guaranteed your day in court.

Ex Post Facto (after the fact)

located in article I section 9 paragraph 3, says that a person can only be punished for a crime if there is a law against the crime on the day it occurred. Even after a law is created against the committed crime that person can still not be punished or tried.

Full Faith and Credit

located in Article 4, Section I, says that states must honor and recognize (give full faith and credit) to other states' judicial proceedings such as licences, degrees, court orders, debts, warrants and etcetera.

Extradition

located in Article 4 Section 2 paragraph 2, explains that when a state gives full faith and credit to a warrant for a person's arrest than the state will extradite the person back to the state that has a warrant on you.

Privileges and Immunities

located in Article 4 section 2 paragraph 1, states that no matter where you go in the United States of America all states are required to treat you equally as they would treat their own state resident. You have the freedom to travel.

Establishment Clause

located in the first amendment, prohibits the government from establishing a national religion.

Can the government ban weapons?

According to the second amendment government can ban a person from their rights to bear arms under certain conditions like age or someone went on a shooting spree.

Double Jeopardy

located in the fifth amendment states that a person cannot, under any circumstances, be tried twice for the same crime.

Self-Incrimination

found in the fifth amendment states that a person cannot be forced or compelled to provide or testify information that might incriminate them

Eminent Domain

found in the fifth amendment states that city, state and federal government has the power to take your property for societal use or economic development and you will be compensated though it will be less than what your house actually costs.

Doctrine of Incorporation

is a constitutional doctrine that enforces the Bills of Right on the states through the due process clause found in the fourteenth amendment. Before the doctrine the Bills of Right only applied to the federal government.

John Locke's Social Contract Theory

says that government is founded on a social contract which is a voluntary agreement signed by individuals to form a government that is obliged to work in the confinement of that contract. His theory consists of four ideas: person is born with natural rights it is not given, liberty (doing what you want w/o infringing others right) is the most important natural right, we only have govt. to maximize our liberty and after many attempts of negotiations people can overthrow govt.

Natural/Unalienable RIghts

life, liberty and the pursuit of happiness

Great Compromise

is a compromise to settle the debate between the large states (Virginia Plan) and the small states (New Jersey Plan). The compromise created two house chambers, the House of Representative and the Senate. States will have representatives in the H.o.R based on population but each state will have at least one rep. Each state only has two senate rep.

Separation of Power/Checks and Balances

the division of power among the branches of government./Congress makes the law, the president enforces the law and courts interpret the law.

Judicial Review

is the power of the court to make the decision that Congress', states' or the president's actions are unconstitutional (null and void).

Original Jurisdiction

is the authority of a court to be the first to hear a case

Appellate Jurisdiction

is the authority for a court to hear a case that has already been tried in lower courts and is appealed by the losing party.

Judicial activism

are liberals that believe when courts should develop a new legal system when they are faced with a compelling need by putting themselves in the founding father's shoes. What would Hamilton have done?

Judicial restraint

are conservatives that believe courts are to work within the confinement of of the laws specifically set down.

4 to get in, 5 to win

4 justices vote for cases to be presented to the Supreme Court and 5 vote to win the case.