Law and Human Rights Test One

Test one study guide based on what she said in class

Marbury v. Madison - writ of mandamus

a mandamus is a judicial remedy in the form of an order from a superior court, to any government subordinate court, corporation, or public authority, to do some specific act which that body is obliged under law to do, and which is in the nature of public duty, and in certain cases one of a statutory duty.

Federalist

(1) people who support a strong, centralized government. (2) a political party that supports a strong, centralized government

Antifederalist

(1) a person who opposes the establishment of a strong, centralized government in favor of local control. (2) a party that opposes establishment of a strong, centralized government in favor of local control

Articles of Confederation limitations

weak central government; no executive or judicial branch to enforce laws and hear disputes; central governmnet could not levy (impose) taxes; no checks and balances; no taxes collected so there was no military; all power lied with states; each state had equal vote in congress regardless of size or population

Articles of Confederation strengths

first written constitution of the U.S. of America; had a legislature; had strong state governments

Martins vs. Hunters Lessee

Stands for the principle that judicial review even applies to the states, so the Supreme Court is truly the Supreme Court, the apex of the federal system and the state system, with the power to enforce laws as the supreme arbiter of what the law says

Rule of Law and its importance

just following the law and shit i think

U.S. vs. Nixon

Supreme Court has the power to check the executive branch (President)

Federalism

Pertaining to a system of government that is federal in nature; or; the system by which the states of the United States relate to one another and to the federal government

dual federalism

the theory that the national government is supreme only when its jurisdiction is explicitly granted by the Constitution

hierarchal federalism

the theory that the national government is supreme to the state governments. the powers of the national government are read broadly, and the Tenth Amendment is read as not granting any specific powers to the states

cooperative federalism

asserts that government power is not concentrated at any governmental level or agency; instead, the national and state governments share power. because the government’s responsibilities are split between many levels of government, citizens and organized interests have many access points to influence public policy .

Federal powers

State powers

Concurrent powers

police powers

checks and balances

Supreme Court is known as what

the apex of the reviewers; can review state, federal, congressional, president’s decisions. apex of reviewing legality or constitutionality of actions

Article III

Created courts, did not mention creating district courts or appellate courts, lower courts were created by Congress

Justiciability Doctrines

Canons of Statutory Construction (outline in printout)

Marbury v. Madison in five words:

Judicial review for Federal Government

U.S. vs. Nixon in five words:

Elk Grove vs. Newdow in five words:

Show standing or judicial limited principle