1387 Exam 2

according to James Wilson , which group is sovereign in the United States

the people

strict constitution

advocates for states rights generally have argued for which kind of interpretation of the constitution

Chief Justice Marshall’s ruling on McCulloch V. Maryland involved both the supremacy clause and which of the following clauses

Necessary and Proper Clause

Theory of Interposition

posits that States have a duty to place themselves between invalid federal laws and their citizens

Which clauses has contributed most to the growth of the Federal government

the commerce clause

Which Chief Justice is responsible for developing the philosophy of dual federalism

Chief Justice Taney

Which of the following Supreme Court Cases denied Congress the ability to regulate firearms under the commerce clause ?

United States v. Lopez

the doctrine of selective exclusiveness maintains that states can regulate interstate commerce in which of the following cases?

when federal laws are absent

Initially , the house of representative had how many seats

65

which president was not impeached

Richard Nixon

In order to override a presidential veto, congress must do which of the following

2/3 vote in both the house and the senate

revenue bills must originate in which governmental body

The House

A bill must be passed in identical form in both house and the Senate before it can be presented to the president for consideration

True

Which of the following powers of congress is not specifically listed in the Constitution and is often controversial in nature

Investigate powers

In United States v Nixon, president Nixon claimed which of the following

Executive privilege

which if the following bodies is responsible for convicting impeached persons

The senate

How many senators must vote for “cloture “ in order to end filibuster

at least 6o

According to the textbook, John Locke favored which of the following kinds of government

A division of government between a representative assembly and monarchy

which of the following presidents went on to become a chief justice of the Supreme Court

William Taft

The 12th Amendment requires

the members of the electoral college to cast two votes, one for the president and one for the vice president

The Whig theory of presidental power is best described by which of the following claims

the president is limited to powers expressly mentioned in the constitution

where in the Constitution does the presidents appointment power come from

Article II, section 2

if no presidential candidate receives a majority of electoral college votes( 270) , who next gets to decide the election of the presidency

the house of representatives

how many votes does a presidential candidate need in the electoral college (currently) to win the presidency

270+

The lower federal courts are established by which of the following

The Judiciary Act of 1789

Original Jurisdiction

authority to be the first to hear and decide a case

which of the following courts possess appellate jurisdiction

both the US Courts of Appeal and the U.S Supreme Court

Concurring Opinion

an opinion that expresses agreement with the decision of the majority, but differs in some of the rationale

who was the last presidential nominee to fail to be confirmed to the Supreme Court

Merrick Garland

Literalism

technique used to interpret the constitution involves a strict adherence to the actual word used in the constitution

which of the following federalist papers contains and support the idea of judicial review

Federalist 78

As affirmed in the ruling of Marbury v. Madison, which of the following is not within congress power to regulate

Supreme courts original jurisdiction

Federalism

The method of organizing government in which a constitution divides powers between different levels of government, usually national and state governments.

Sovereignty

The final and ultimate authority of the state to make binding decisions and resolve conflict. Arguments over whether the national or state governments were sovereign have raged throughout significant portions of American constitutional history

Confederation

loosely organized grouping of independent states or other units in which sovereignty is retained by the states. The result, as in the Articles of Confederation, is a weak central government

Implied powers

\- powers not specifically delegated to the national government but which can reasonably be inferred. Implied powers stem from the Necessary and Proper Clause and were first given official recognition in McCulloch v. Maryland (1819)

strict construction

The idea that the Constitution should be read narrowly to limit the expansion of national powers. Originally embraced by Jeffersonians and Anti-Federalists, this position was contrasted with the so-called “loose construction” of the Federalists

Necessary and Proper Clause

essential and convenient is a piece of the constitution that gives congress the authority to pass laws about things that aren’t necessarily listed in the constitution such as collect taxes ,  pay off debt, borrow money , regulate interstate commerce , coin money , establish post office , punish piracy and crimes commode at sea, create a military .

broad construction

a broad outline of enumerated powers 10th amendment doesn’t mean what they think it means

McCulloch v Maryland

can congress make a bank , does the power to tax extend to everything within the state borders ( that Is does MD have the power to tax the bank . First National Bank (1791) part of Hamilton proposal to refinance revolutionary war debt , provide currency formed by congress : charter expired in 1811 . Second National Bank (1816) congress renews the bank charter , continued opposition from several states,  Maryland  ,which Taxes the Baltimore Branch

Supremacy Clause

 establishes that the federal constitution and federal law generally, take precedence over state laws and even state constitution

Whiskey Rebellion

\- (1792-1794) congress levies an excise tax on whiskey , president Washington granted power to use a militia to suppress insurrection , Washington then pardons them  

Alien and Sedition Acts

\- interposition and nullification threatened in response , bar people from entering keep away non citizens and limits people freedom of speech about what they can say about the government.

Interposition

a states right concept which holds that states may exercise their sovereignty to block, or interpose themselves between , an unjust national law and their own citizens . Interposition was asserted in Virginia and Kentucky resolution

Devolution

The transfer or delegation of power to a lower level , especially by central government to local or regional administration.

Preemption.

\- a legal doctrine that allows a higher level of government to limit to even eliminate the power of a lower level of government to regulate a specific iss

3 elements of Horizontal federalism

Full faith and credit clause

Privileges and immunities clause

extradition

Full faith and credit clause

each state must give “ full faith and credit to the public acts records and judicial proceedings of other states

Privileges and immunities clauses

prohibits one state from abridging the privileges and immunities of citizen of united states

extradition

a term form international law which refers to the practice of returning escaped prisoners or persons wanted to another state

conference committee

irons out differences on versions when a bill is passed in one chamber sent to the other , A temporary, ad hoc panel composed of House and Senate conferees which is formed for the purpose of reconciling differences in legislation that has passed both chambers; usually convened to resolve bicameral differences on major and controversial legislation

cloture

a procedure for ending debate

filibuster

endless floor debate talking a bill to death

impeachment power

The power derived from Article I of the constitution, which gives Congress the power to remove, under certain conditions, various federal officials from office. More formally, impeachment is an accusation or indictment by the lower house of a legislative body which commits an accused civil official for trial in the upper house

Executive privilege

influence on other investigations ( protect communication and separation of power ) common device used by most presidents to preserve confidentiality in oval office

executive immunity

immunity granted to officers of the executive branch of government from personal liability for tortious acts or omission done in the course of carrying out their duties

Watergate

1972; Nixon feared loss so he approved the Commission to Re-Elect the President to spy on the Democrats. A security gaurd foiled an attempt to bug the Democratic National Committe Headquarters, exposing the scandal. Seemingly contained, after the election Nixon was impeached and stepped down

U.S v Nixon

the decision was important to the late stages of the Watergate scandal , when there was on ongoing impeachment process against Richard Nixon . limiting the power of any U.S president to claim executive privilege. supreme court decision that ended conflict between executive privilege and judicial determination

Clinton v. Jones

sixth amendment right to a speedy trial requires a civil lawsuit was a landmark United States Supreme Court case establishing that a sitting President of the United States has no immunity from civil law litigation , in federal court against him or her , for acts done before taking office and unrelated to the office.

Constitutional Or Whig Theory

The principle that government  should be limited in its scope and functions and accountable for its actions, based on the underlying idea that unlimited governmental power can become corrupt and tyrannica

Stewardship Theory

that managers left on their own , will act as responsible stewards of assets they control, assume that given a choice between self- serving behavior and pro-organizational behavior , a steward will place higher value on cooperation than defection

Prerogative theory

this power to act according to discretion , for the public good

Executive agreement

formal documents executing powers

political question

is a subject matter that the supreme court deems to be inappropriate for judicial review because discretionary power over it should be left to the politically accountable branches of government

Inherent Powers

power that some have argued flow necessarily from the powers granted by the constitution

Youngstown Sheet &Tube v. Sawyer

significally curbed executive power when the court overturned President Turman’s Seizure of steel mills during the Korean War

Tonkin Gulf Resoultion

– it was passed august 7th ,1964 by the US Congress after an allege attack on two naval destroyers stationed off the coast of Vietnam. Effectively launched Americas full scale involvement in the Vietnam war

War Power Act

is a congressional resolution designed to limit the US presidents ability to initiate or escalate military actions abroad

 

Judiciary Act of 1789

3 layers to Federal Courts , district circuit and supreme , appellate jurisdiction for SCOTUS and size of SCOTUS

Jurisdiction

Literally, “to say the law” authority vested in a court to hear and decide a case; the juris-diction of federal courts is determined by the Constitution and the Congress.

Original Jurisdiction

The jurisdiction of a court of first instance or a trial court where the legal action begins. The U.S. Supreme Court has original jurisdiction under Article III of the Constitution, which cannot be regulated by the Congress; see Mar-bury v. Madison (1803)

Appellate Jurisdiction

The power and authority to review and, if necessary, to correct errors of law that may have occurred in the trial court. Most cases heard by the U.S. Supreme Court each year are reviewed under its appellate jurisdiction, which can be regulated by Congress according to Article III.

Majority Opinion

states the holding and main rationale for the court deciding as it does in the case

Concurring Opinion

which itself can attract other justices who may disaffiliate from the majority opinion

dissenting Opinion

which speaks for wither a lone justice of those justices voting in the minority who want to join in that dissent

standing to sue

a persons right to bring a lawsuit because he or she is directly affected by the issues raised ; having the appropriate characteristic to bring or participate in a case

Writ of Certiorari

in Latin means “ to be made more certain “ a brief comment on this device is necessary

Rule of Four

four justices must vote to review a case for it to be accepted for review by the court

Senatorial Courtesy

An unwritten agreement that requires the president to confer with the senators of his party from a particular state before he nominates an individual to fill a federal position within that state

What three arguments did Brutus (Anti-Federalist author) offer against large republics

large republics are less likely to generate the support of the people , who feel unattached to them and disloyal to the laws

b. citizens will feel alienated from their government in large republics.

c. large republics are difficult to govern because of the diversity of the population.

What clause of the Constitution supports “preemption”

The supremacy clause provides that the constitution and federal laws are the supreme law of the land. Where there is a conflict between federal and state law , the federal law will control and the state law is rendered void .

 

Commerce Clause

that the congress shall have the power to regulate interstate and foreign commerce among the states within the Indian tribes

Gibbons v Ogden

court ruled that congress has the ability to regulate interstate commerce and navigation  given the commerce clause because of congress’s power over national economy

Dual Federalism

a system of governance where the federal government and state government each have clearly defined spheres of power

selective exclusiveness

the doctrine associated with Chief Justice Taney’s opinion in the Cooley case holding that, while the congressional commerce power is exclusive, it is only exclusive in those areas in which Congress has selected to exercise it. As a result, states are free to regulate certain matters relating to interstate commerce when not in conflict with congressional authority

United States v Lopez

the court found the 1990 Gun- Free school zones act unconstitutional for overstepping and congressional boundaries of the commerce clause

Gonzales v Raich

was a decision by the U.S supreme court ruling that under the commerce clause of the U.S constitution , congress may criminalize the production and use of homegrown cannabis even if state law allows its use for medical purposes he was growing in mass production for this family

National Federation of Independent Business v Sebelius

is the united states supreme court case regarding the individual mandate and Medicaid expansion provisions of the affordable care act (ACA)

Dormant Commerce Clause

– the prohibition , implicit in the commerce clause , against states passing legislation that discriminates against or excessively burdens interstate commerce

South Dakota v Dole

a conflict between state and federal power over the establishment of a minimum drinking age , it is constitutional for the federal government to attach conditions to funding grants to states as  long as they are reasonable

1\.     According to John Marshall, what does the word “among” in the commerce clause mean and what kind of commerce do the states control

According to John Marshall , the word “among” in the commerce clause means intermingled with A thing which is among others, is intermingled with them. instrastate commerce

Why has Congress’s power to regulate commerce been so controversial?

A. commerce is more than buying and selling

           

            B. Congress power is complete in itself

 

            C. congress power doesn’t extend to intrastate commerce : only things among states (interstate)

What is the conflict between the plaintiff and the defendant? (Referred here as plaintiff and defendant rather than petitioner and respondent, which is common in contemporary cases.)

 

Madison refusal to deliver the commission was illegal. But did not order Madison to hand over Marbury’s commission via writ of mandamus

10th Amendment states

only power not delegated to the United States or prohibited to the states are reserved to the states or the people

 Which of Congress’s enumerated powers are tied to Marshall’s conclusion that a national bank is consistent with Congress’ implied powers?

 

Marshall found it reasonable to imply that congress had the power to charter a bank due to the enumerated powers of the constitution which gives congress the authority to levy and collect taxes , issue a currency, and borrow funds

What are the Corollaries Marshalls discusses.

a.     A power to create implies a power to preserve

 

b.     A power to destroy , if wielded by a different hand , is hostile and incompatible with these power to preserve and create

           

Where this repugnancy exists , that authority which is extreme must control , not yield to that over which it is suprem

who won the McCulloch v Maryland Case

McCulloch

What are the only two significant differences between the chambers (House and Senate) of Congress in terms of the functions delegated to them by the Constitution?

revenues bills must originate In the house – senate has “advise and consent “ function which means that they can confirm presidential appointments and ratify treaties

what role does each house of congress play in the impeachment role?

The house Impeaches

the Senate convicts

On which two articles fit the house vote to impeach President Clinton

impeached on perjury and obstruction of justice, 2nd witness tampering and abuse of power