Constitutional History Final

Why was there a restoration of the 2 party system?

Andrew Jackson took a series of steps that led to a distinct difference: He opposed a strong national government and spending money for public works. Making him a ‘man of the people’ in a new distinct Democratic Party

What were some of President Jackson belief/goals in regard to Constitutional Questions?

• Majority Rule (great faith in the people)

• Abolishing the Electoral College

• Allow the people to elect senators

• Insure ‘rotations of office holders

• encouraged the direct, not the delegate model of representation

• Demonstrate that the President was tribune of all

What did President Jackson believed about the Constitution?

He believed he had as much right to interpret the Constitution as the Supreme Court.

What did President Jackson deny as unconstitutional? Why?

The national bank; because it was 'inherently an elitist institution, vetoed it’s re-chartering - cited the 10th amendment

In the name of the people, what did President Jackson increase?

the power of the Presidency

Because of President Jackson’s personal history and populist sentiments it made him _______ rather than a main instigator of democracy.

a symbol

What were the “Marshall Trilogy” court cases surrounding the Native Americans?

• Johnson v M’lntosh

• Cherokee Nation v Georgia

• Worcester v Georgia

What case held that private citizens could not purchase lands from Indians?

Johnson v M'lntosh

What case ruled that the state of Georgia had no jurisdiction over the Cherokees (constituted as a ‘domestic dependent nation’ under national authority?

Cherokee Nation v Georgia

Which case asserted that the federal government was the sole authority to deal with Indian nations based upon federal treaty making power?

Worcester v Georgia

What cases were apart of the Taney Court?

• Barron v Baltimore

• Charles River Bridge Co. V Warren Bridge Co.

What case did the Marshall Court confirm that the state police power lay beyond federal intervention?

Barron v Baltimore

What case had an economic effect which increased opportunities for fair competition

Charles River Bridge Co. v Warren Bridge Co

What was endorsed but not made official by the Taney Court?

“Dual Sovereignty”

Generalization of the Taney Court?

Ended the intervention in state policy that had characterized the Marshall Court. It freed the states to exercise their own police powers to promote healthy, safety, morality, and economic development

1846 rider by P.A. Congressman David Wilmot proposed to ban slavery in new territories, but it only passed in the house. What was this called?

Wilmot Proviso?

Why’d Wilmot Proviso never pass the Senate?

southern states had equal say in the matter

What did Democrat Senators Lewis Cass & Stephen Douglas decide they would allow the people who settled in new states to decide whether or not they would allow slavery. This was called?

“Popular Sovereignty”

What were the series of resolutions in the U.S. House of Representatives that automatically tabled, or silenced, any petitions, memorials, or papers about slavery, preventing debate and discussion?

The Gag Rule

In regards to the Compromise of 1850 and instating of Fugitive Slave Act which antagonized Northerners they passed what law to bypass National Law?

Personal Liberty Laws

What court case ruled that, enslaved African American, was not a citizen and that the old Missouri Comprise ban on slavery had been unconstitutional?

Dred Scott v Sanford

The suspension of _________ legitimize President Lincoln detaining suspected rebels, spies, and traitors

Habeas Corpus

Which amendment was used to accomplish a nationwide substantive reform?

13th Amendment

What was the 13th Amendment?

Neither slavery nor involuntary servitude.

What was enacted to Southern State governments harshly regulate blacks, relegating them to 2nd class citizenship?

“Black Codes”

What was the intentions of the 14th amendment?

• defined citizenship to include black men

• states could not deprive persons of life, liberty, or property

• states must provide all citizens equal protection of law

What was the 15th Amendment to the Constitution?

states could not deny suffrage (right to vote) because of race

Why was President Johnson Impeached? How?

Pres. Johnson was seen as imprudent, inflexible, insensitive to Union public opinion. Tenure of Office Act was the excuse they used to impeach him when he fired Republican Cabinet Officials without Senate approval.

What comprised of the Mississippi Plan?

• designed to disfranchise black votes

• poll tax - pay to vote

• literacy test - proving literacy

• grandfather clause - can vote if your grandfather voted

What case established segregated facilities, claiming ‘separate but equal’?

Plessy v Ferguson

Who was known as the ‘Great Dissenter’, saying ‘Our constitution is color blind’?

John Marshall Harlan

What was the legal philosophy, that was advocating for minimal government intervention in contracts and business, emphasizing individual liberty and property rights, and using doctrines like "liberty of contract" and "substantive due process" to strike down economic regulations as unconstitutional.

Laissez Faire Jurisprudence

What asked the question of whether the government's deprivation of a person's life, liberty or property is justified by a sufficient purpose?

Substantive Due Process

What is the 16th Amendment?

Personal Income Taxes

What is the 17th Amendment?

Direct election of U.S. Senators

What is the 18th Amendment?

Prohibition outlawed manufacture and sale of alcoholic beverages

What is the 19th Amendment?

Women’s suffrage

What case was clear & present danger, applied the 1st amendment to New York through the 14th Amendment.

Gitlow v NY

What case overturned Plessy v Ferguson?

Brown v Board of Education

What case established that you MUST have a lawyer?

Gideon v Wainwright

What case invalidated anti-miscegenation laws?

Loving v VA

What case limited affirmative action?

Regents of the University of California v Bakke

What case legalized early abortions?

Roe v Wade

What case legalized same-sex marriage?

Obergefell v Hodges

What case struck down maximum work hour law under the reasoning it violates liberty of contract?

Lochner v New York

What declared NIRA (& implied the rest of the New Deal) to be unconstitutional under the reason the law delegated too much power to the president.

Schechter v U.S.

What case sustained constitutionality of minimum wage under the reasoning it was a violation of due process

West Coast Hotel v Parrish

What case sustained constitutionality of NLRB (& implied rest of the New Deal) under the reasoning it was not violating the 10th amendment and began broader interpretation of inter-sate commerce?

NLRB v Jones & Loughlin

The 1937 Judicial Procedures Reform Bill proposed hiring a new Supreme Court for each over 70, the real reason behind the bill was what?

Court Packing Scheme

Chief Justice Charles Evan Hughes and Justice Owens Roberts switched to the liberal wing of the court. Furthermore President Roosevelt eventually appointed nine justices. This event solidified that the administrative state was here to stay within a liberal constitutionalism succeeding Laisse Faire Conservatism. This was known as…

A Switch in Time that Saved Nine