Constitutional Law Chapter 1

True or False: The Constitutional Convention of 1787 introduced the concept of a written constitution

False

True or False: the Articles of Confederation created a strong central government

False

Which group argued that a strong central government was necessary to ensure political stability, national security, and individual rights?

Federalists

Which group argued that giving the government power to tax states directly was dangerous?

Anti-Federalists

What does Article 1 of the Constitution establish?

the legislative branch

What does Article 2 of the Constitution establish?

the executive branch

What does Article 3 of the Constitution establish?

the judicial branch

What does Article 4 establish?

state duties

what does article 5 establish?

how the Constitution can be amended

what did article 6 establish?

supremacy clause

Can a branch encroach on another’s powers?

No

What are some of the powers granted to the federal government under Article 1, Section 8?

all of the above

Which Section under Article 1 grants powers to the federal government?

8

What are some of the powers forbidden by the states under Article 1, Section 10?

all of the above

the 10th Amendment ensures which kinds of rights?

non-enumerated

what is procedural due process?

must give notice and hearing before deprivation

what is substantive due process

protects fundamental rights

what are fundamental rights

rights that the government cannot deny without a compelling reason

What are some fundamental rights?

all of the above

Direct review:

if a trial results in a conviction, the defense can petition for a review from SCOTUS after they receive a final judgment from the highest state court available

Habeus Corpus Review:

a remedy used to secure release from an unlawful confinement. it goes to the federal district court, then if denied, to the court of appeals then to SCOTUS

Constitutional misconduct can lead to:

all of the above