Midterm: Constitutional Law

List the weaknesses of the Articles of Confederation

1. No power to tax

2. No regulation of trade

3. No executive

4. 9/13 supermajority required to pass laws

5. No national judiciary

What is popular sovereignty?

Consent of the people

What did Montesquieu argue about the rule of law?

Liberty is a right of doing whatever the laws permit

Federalist 10- what are the causes of factions? What did Madison say the solutions are?

What is article V of the constituion?

What is unique about the US constitution?

Each branch has its own criteria, each is answerable to a different constituency, and each has a unique timetable

define and list one example for implied, inherent, enumerated, concurrent, and reserved powers

Separation of powers versus checks and balances

formalism versus functionalism

formalism: adheres to structural divisions of the branches outlines in constitution, concerned with maintaining distinctions

functionalism: more flexible standard in examining the overlap of the branches, focuses on the function

What are the inherent powers of federal courts?

1. issue and vacate judgements and orders

2. issue sanctions/hold parties in contempt

3. manage court proceedings

4. equitable remedies