Overview of the Articles of Confederation and Constitutional Law

This collection of flashcards is designed to aid in the review of key concepts and historical context regarding the Articles of Confederation and Constitutional Law.

What is sovereignty as defined in the Articles of Confederation context?

Political authority to govern.

How did the change in attitudes about sovereignty contribute to the English Glorious Revolution in 1688?

It shifted the belief from the divine right of kings to the idea that governance rights lay with the people.

What was the Declaration of Independence (1776) largely a reaction against?

It was a reaction against the Parliament, rather than King George.

What limitations did the Articles of Confederation impose on Congress?

Congress could only send requests to state legislatures and lacked the power to directly tax or create an executive or federal court system.

What was Article I of the Articles of Confederation primarily concerned with?

It named the confederacy as 'The United States of America'.

What does Article II of the Articles of Confederation stipulate regarding state sovereignty?

Each state retains its sovereignty, freedom, and independence unless expressly delegated to the U.S. Congress.

What did Article IV state regarding privileges and immunities?

Free inhabitants of each state are entitled to all privileges and immunities of citizens in the several states.

What was a major flaw in the Articles of Confederation relating to amendments?

Amendments had to be unanimous, making change nearly impossible.

What was the Supreme Court's decision in Brown v. Board of Education (1954) regarding segregation?

The Court ruled that separate educational facilities are inherently unequal.

What was the significance of the Bill of Rights, ratified in 1791?

It limited the powers of the federal government only and imposed structural limitations.

What key concept did the 14th Amendment introduce regarding state actions?

It allowed federal judicial review of state actions affecting civil rights.

What role did the Preamble of the Constitution serve?

It established the purpose of the Constitution, emphasizing the need for a more perfect union.

What essential rights are individuals guaranteed under the 14th Amendment?

Rights to liberty, life, and property without due process.

What was the impact of the Dred Scott case on federal and state power?

It ruled that African Americans could not be citizens and highlighted the limits of federal power over states.

How did the concept of federalism change after the adoption of the Constitution?

It emphasized a balance of power between a central authority and state governments, allowing states to maintain their own integrity.

What is the 'Necessary and Proper Clause' found in Article I, Section 8?

It allows Congress to make laws deemed necessary and proper for executing its enumerated powers.

How does the 14th Amendment's Due Process Clause impact individual rights?

It provides a federal forum for individuals to challenge state infringements of their rights.

What is selective incorporation regarding the Bill of Rights?

The process by which certain rights in the Bill of Rights are applied to the states through the 14th Amendment.

What does the term 'police powers' refer to?

The authority of states to regulate affairs concerning the health, safety, welfare, and morals of its citizens.

What is a primary flaw of the Articles of Confederation?

It did not provide a strong central government, leading to economic instability and ineffective coordination.

What is the 'Supremacy Clause'?

It establishes that federal law takes precedence over state laws.

What does Article III of the Constitution establish?

It creates the judicial branch of the government and outlines the powers of federal courts.

What connection do the 13th, 14th, and 15th Amendments have to civil rights?

They collectively aim to ensure the rights of newly freed slaves and prevent racial discrimination.

In the context of the Constitution, what does 'popular sovereignty' mean?

It refers to the principle that ultimate political power resides in the people.

What was the Supreme Court's ruling in Roe v. Wade?

It established a woman's legal right to have an abortion under the right to privacy.

How did the Supreme Court's interpretation of the Constitution change over time?

The interpretation evolved to include more rights, significantly influenced by changes in societal values and contexts.

What did the Slaughterhouse Cases (1873) signify in American jurisprudence?

They restricted the scope of the Privileges or Immunities Clause of the 14th Amendment.