Con Law Midterm (ch1-5)

what was the issue in the Marbury v Madison case?

if the supreme court had the authority to order Madison to deliver a judicial commission to Marbury

Did Marbury have a legal right to his signed and sealed appointment as a justice of the peace after John Adams left office?

Yes, even though withholding the commission was illegal

what was the ruling on Marbury v Madison? (hint: established judicial review)

the supreme court couldn’t grant the writ because the Judiciary Act unconstitutionally expanded the courts original jurisdiction beyond the limits set

what 3 terms represented ideals that compelled all that was necessary for establishing a new country? (hint: LSL)

liberty, sovereignty, and limited government

great britains two major problems were..

westward settlement by colonists and debt from military action

what was required for the stamp act of 1765?

stamps for certain documents and commodities

Which act required colonists to feed and shelter troops?

quartering act

what kind of laws did parliament pass in retaliation of the boston tea party? (3 things)

restriction of meetings, expansion of the quartering act, and the king could appoint people to the court rather them elected

what took place in philadelphia,1774 with 55 delegates from 12 colonies?

the first continental congress

what battle prompted the colonists to meet again?

the battles at lexington and concord

what were the 4 outcomes of the second continental cogress?

established the continental army, named george washington as commander, raised money for the army, and got support from other countries

_ of the _ _ signers died during the american revolution and had their estates looted or burned

9 of the 56

the influence of the magna carta established..

supremacy of law over the ruler which ensured individual rights and due process

what was the purpose of the 1787 constitutional convention of delegates?

to establish central government, incorporate checks and balances to limit government power

what are the 3 takeaways from article 1: the legislative branch of the constitution?

the necessary and proper clause, contains the great compromise, and legislature may pass laws but cant enforce them

what are the 3 takeaways from article 2: the executive branch of the constitution?

carries out the law, the nations policy, and appoints officials for government function

what was the issue in mcculoch v maryland (1819)? (hint: bank)

does congress have the power to incorporate a bank and does the state of maryland have the power to tax it?

what was the ruling on mcculoch v maryland (1819)?

congress has power to incorporate a bank pursuant to the necessary and proper clause

what are the 2 takeaways from article 3: the judicial branch of the constitution?

checks and balances and federal versus state power

what process must be approved by two-thirds congress and ratified by three-fourths of states?

the amendment process

______ favored a strong central government, while ___-______ favored a weaker central government

federalists, anti-federalists

what is the 1st amendment?

freedom of speech & religion

whats the 2nd amendment?

the right to keep and bear arms

whats the 3rd amendment? (hint:Baia’s favorite)

prohibition from housing soldiers

whats the 13th amendment?

abolishment of slavery

whats the 14th amendment? (hint: includes 3 factors)

the guarantee of citizenship, due process, and equal protection

the consensus theory holds that…

individuals in a society agree on values on whats right and wrong

the conflict theory holds that…

laws are established to keep the dominant class in power

what was the manifesto of the communist party? (hint: karl marx and friedrich engles)

a pamphlet explaining their ideas about communism, social class, and economic inequality

this model states that the function of the criminal justice system is to bring criminal behavior under tight control

the crime control model

this model states that the right of an individual rests on the presumption of innocence

the due process model

the authority of a legislative body to establish a law or a court to hear a case is

jurisdiction

the execution of minors violated the 8th amendment, whats the name of this case?

roper v simmons

the ex parte mccardle limited ______ _______ on jurisdiction

congressional limits

the first time the supreme court nullified a provision of federal law that violated the constitution was during which case?

marbury v madison

there were 3 issues that the framer of the constitution were experiencing, what was the 1st issue? (hint: currency)

state bank and money VS national banks

there were 3 issues that the framer of the constitution were experiencing, what was the 2nd issue?

federal aid VS state aid

there were 3 issues that the framer of the constitution were experiencing, what was the 3rd issue? (hint:13th amendment)

freedom vs slavery

what did lincoln promise to try to keep the union together?

to abolish slavery in the territories

what was the issue of the dred scott v sanford case?

whether an enslaved black man, who lived in free territories, could claim citizenship and sue for his freedom in federal court

what was the ruling of dred scott v sanford?

that even free blacks couldnt be citizens of the US, they had no rights which a white man had to respect

lincoln declared all slaves free in all districts of the US in his _____ _______

emancipation proclamation

what year was the 13th amendment ratified in?

1865

which amendment overrides the dred scott v sanford decision?

the 14th amendment

whats the difference between procedural and substantive due process?

procedural refers to how laws are applied, substantive requires the law to be fair

what was the issue of the duncan v louisiana case?

was the denial of the jury trial a state criminal prosecution a violation of the 6th and 14th amendment

what was the ruling of duncan v louisiana?

it was a violation, the right to a jury trial is fundamental to the american scheme of justice

whats the difference between prejudice and discrimination?

prejudice is a negative attitude towards a person, discrimination is an action based on prejudice

which case showed the courts desire to avoid civil rights issues, declaring discrimination to be outside the realm of the court?

plessy v ferguson 1896

what was the issue in brown v board of education of topeka?

does segregation in public education violate the 14th amendments equal protection clause?

what was the ruling in brown v board of education of topeka? (hint: “separate but equal has no place")

segregation in public education did violate the equal protection clause

what four laws were passed to prohibit discrimination based on color, religion, race, or sex? (Acronym?: ECEE)

equal pay act, civil rights act, equal opportunity and education act

which administration formed the affirmative action programs?

the nixon administration

obergefell v hodges was a case about whether or not…

same s*x couples have a constitutional right to marry

what was the issue in cooper v plate

inmates could sue the warden for depriving them of their constitutional rights

in the 1st amendment, an important legal issue is to keep church and state…

separate

define the establishment clause

congress shall make no law respecting one religion over the other

the separationist and non-preferentialist theory contribute to which clause?

establishment clause

______ theory stresses the fact that government and religion dont mix well

separationist

which theory holds that the government can provide religious institutions if no religion is preferred over another?

non-preferentialist

what is the legal standard applied to due process analysis of fundamental rights?

strict scrutiny

what was the issue of kennedy v bremerton? (hint: football)

can a school district limit a coachs prayer before, during, and after games?

what was the ruling of kennedy v bremerton? (hint:6-3 decision)

limiting ones expression of religion violates the 1st amendment (no)

whats the difference between freedom of speech and pure speech?

freedom of speech is the liberty to speak openly without restraint, pure speech is verbal and written ways of communicating a message

what 3 acts are considered forms of symbolic expression? (hint: all end in “ing”)

flag burning, cross burning, nude dancing

which two deaths demonstrated the 1st amendments right of citizens to take videos and pictures in public places?

rodney king and george floyd

the first continental congress, which convened in september 1774, resulted in

the first written agreement to stand in resistance against britain

at the second continental congress, what did the delegates vote in favor of

american independence

the opening paragraph of the declaration of independence states

why it was issued and the need for colonists to break their political ties with great britian

the second paragraph of the declaration of independence states

the purposes of government

the third paragraph of the declaration of independence states

charges against the British king

the fifth paragraph of the declaration of independence proclaimed independence and…

listed actions the new USA could take as a country

true or false: to sign the declaration of independence was an act of treason punishable by death

true

what was the name of the nj supreme court judge that was imprisoned, brutally beaten, and starved?

richard stockton

who was the delegate that made the resolution for america to be independent & encouraged a confederation of independent states?

richard henry lee

name 4 things that congress wasn’t empowered to do in 1781

regulate trade, levy taxes, draft soldiers, and establish a court system