crm 365 procedure test

articles of confederation

-first attempt at establishing a collective policy among the 13 colonies

-limited centralized power

-power delegated to individual states

issues of the articles of confederation

-weak central government, amendments required 13 unanimous decisions,

-little power form central gov, to enforce taxes and laws, led to poor economies

-shays rebellion- violent uprising of 1500 farmers to fight high taxes and debt

what did the constitutional convention of 1787 originally scheduled to fix

Articles of confederation

what were the two common goals of the Const Conven of 1787

republican and constitutional form of government

what was Virginias plan

• abolish AOC

• bicameral conversed based on population

what was New Jerseys plan

• called for equal representation

• unicameral congress regardless of population

great compromise consisted of what government

legislative, executive, and judicial branches

what does the legislative branch consist of

• consists of introducing and eventually making laws

• house of reps based on population ( 2year terms, voted by people of that state)

• two reps in the senate regardless of pop( 6 year terms, elected by state legislature)

what does the executive branch consist of

• consists of president and VP

• power to veto bills (2/3 vote to overturn in both houses)

• power to appoint domestic offices

what does the judicial branch consist of

• consists of interpreting laws

• appellate and original jurisdiction

• initially had little specific authority

what does article 3 state

established one federal court the US Supreme Court

to ratify the constitution what had to happen, and what about the bill of rights and who refused to ratify

2/3 vote ( 9 of 13 states)

concerns of no initial bill of rights (ratified by 1791)

3 of the 42 convention delegates refused to ratify the constitution

what does article one section one consist of

legislative power goes to congress, which consists of senate and house of reps

what does article 1 section 2 consist of

house of reps should be chosen by the people every two years, electors of each state should have same requirements as state legislature

can’t be rep till 25

seven year of citizenship of US

live in state your elected to

what does article one section 3 state

senate should have two senators per state

six year term, each senator has one vote, be 30 years old

nine year a citizen

VP is president of the senate, senate has power to try impeachments

impeachment should mean removing them from office

article one section 8

-gives congress power to lay and levy taxes

-regulate trade

-war

-coining money

article one section 10

-              No state shall separate itself from the US, such as treaties, alliance, or confederation , grant letters of marquee, coin money,

-              Lay imposts on imports or exports, keep individual troops or ships of war in times of peace

article 2 section 1

-executive power vested in president, 4-year terms, natural born citizen, at least 35

-election day determoined by congress

-electors meet in respective states and vote for two people( Potus and VP)

article 2 section 2

• executive power to pardon

• granting president as commander in chief

• make treaties and appoint ambassadors

• cannot declare war (only congress can)

article 2 section 4

-              President, Vp and civil officers of the US shall be impeached if they are convicted of treason, bribery, or other higher crimes and misdemeanors

article 3 section one

-              Judicial power vested in supreme court

-              Lifetime appointment if good behavior

-              Inferior courts may be established by congress

article 3 section 2

-              Supreme court has a appellate and original jurisdiction

-              Jury trials in all cases except for impeachments

-              in cases of ambassadors, public ministers, and consuls, where the state is the prosecuting party, supreme court has original jurisdiction

article 4

-              Full faith and credit, states must recognize public records, marriages, and court decisions

-              Citizens entitled to all privileges and immunities of citizens in all states

-              Mew states may be admitted by congress into the union. The states cannot create substates within themselves without consent from state legislatures and congress

article 5

-congress can propose amendments with 2/3 votes from both parts of congress

article 6

-prior debts and engagements before the constitution valid ; constitutions, laws, and treaties are the law of the land under oath

article 7

ratification

amendments in the the founding era

first 12 amendment

amendments in the reconstruction era

13, 14, 15 amendment

amendments in the progressive era

16,17.18,19

amendments in the modern era

20-27

Madison proposed 17 amendments, they got it down to 12 and agreed on the first 10 amendments, what were these amendments

bill of rights

powers not delegated to the federal government go to the

10th amendment

12th amendmemnt

-procedure for electing the president and VP, requiring that electors cast separate ballots for each office

17th amendment

-senate should be composed of two senators from each state, elected by the people thereof

26th amendment

-lowered voting age from 21 to 18

original jurisdiction

-cases affecting ambassadors, other public ministers and consuls, in case where a state is party

appellate jurisdiction

The judicial power shall extend to all cases, in law and equity, arising under this constitution, the law of the united states (appellate jurisdiction)

      Rulemaking power of the Supreme Court in the federal court system

-power to create rules for the federal court system (rules enabling act of 1934)

-supreme court establishes rules of procedure and evidence for federal district courts and federal court of appeals

Structure of the U.S. Federal Court System

Military courts of criminal appeals goes through  U.S. court of appeals for the armed forces which then goes to the supreme court

-US court of veterans appeals, US court

how many petitions filed

5000-7000

how many petitions heard each year

80

How supreme court justices vote on which cases to hear

   2/3 vote 4 to 9 of them say yes.

Writ of certiorari

  Formal request to a higher court to review a decision from a lower court

  Plenary review

Hearing a case from the beginning without taking into account lower court decisions

About how many cases are considered for plenary review each year

30 per year

cases heard without plenary review

100 cases

John G. Roberts, Jr. and eight Associate Justices: Clarence Thomas, Samuel A. Alito, Jr., Sonia Sotomayor, Elena Kagan, Neil M. Gorsuch, Brett M. Kavanaugh, Amy Coney Barrett, and Ketanji Brown Jackson

current Supreme Court justices