US Constitution - GLR

0.0(0)
studied byStudied by 0 people
learnLearn
examPractice Test
spaced repetitionSpaced Repetition
heart puzzleMatch
flashcardsFlashcards
Card Sorting

1/27

encourage image

There's no tags or description

Looks like no tags are added yet.

Study Analytics
Name
Mastery
Learn
Test
Matching
Spaced

No study sessions yet.

28 Terms

1
New cards

What prompted the call for a Constitutional Convention?

  • The Articles of Confederation were too weak

  • No power to tax or regulate trade

  • No national executive or judiciary

  • Economic instability and unrest (e.g., Shays’ Rebellion)

  • States often acted like independent countries

2
New cards

What happened at the Constitutional Convention?

  • Met in Philadelphia, May 25 – September 17, 1787

  • Originally meant to revise the Articles of Confederation

  • Delegates decided to draft an entirely new constitution

  • Intense debates and compromises shaped the final document

3
New cards

Who was involved and how?

  • 55 delegates from 12 of 13 states (Rhode Island didn’t attend)

  • George Washington was elected president of the convention

  • Key figures: James Madison, Benjamin Franklin, Alexander Hamilton

  • Delegates were mostly well-educated, experienced statesmen

4
New cards

What was decided at the Constitutional Convention?

  • Created a strong federal government with three branches

  • Congress would be bicameral: House (by population), Senate (equal per state)

  • Established powers like taxation, regulation of commerce, and a military

  • Included checks and balances between branches

5
New cards

What disagreements were aired at the Constitutional Convention and how were they resolved?

  • Big states vs. small states: resolved by the Connecticut Compromise

  • Slave representation: resolved by the Three-Fifths Compromise

  • Federal vs. state power: balanced through shared sovereignty

  • Presidency: compromise on electoral college and term limits

6
New cards

What happened as the Constitution was drafted and finalized?

  • Committee of Detail wrote the first draft

  • Committee of Style polished and finalized the document

  • Final Constitution was signed on September 17, 1787

  • Sent to states for ratification

7
New cards

What happened as states ratified the Constitution?

  • Required 9 out of 13 states to ratify

  • Federalists supported ratification; Anti-Federalists opposed

  • Debates over lack of a Bill of Rights

  • Bill of Rights promised to secure final support

  • Ratified in 1788; went into effect in 1789

8
New cards

What other significant events about the Constitution are discussed?

  • Bill of Rights added in 1791 (first 10 amendments)

  • Supreme Court began interpreting the Constitution

  • Landmark cases like McCulloch v. Maryland strengthened federal authority

  • Constitution has 27 amendments total

9
New cards

What ideas and influences shaped the Constitution?

  • Enlightenment thinkers like Locke and Montesquieu

  • British legal traditions and colonial charters

  • Practical experience from state constitutions

  • Aimed to create a balanced, flexible government

10
New cards

How does the Constitution structure the branches of government and what does it say about how they function?

  • Legislative Branch (Article I): Makes laws; bicameral (House & Senate)

  • Executive Branch (Article II): Enforces laws; led by President

  • Judicial Branch (Article III): Interprets laws; led by Supreme Court

  • Checks and Balances: Each branch limits the powers of the others

  • Separation of Powers: Prevents any one branch from becoming too powerful

11
New cards

How does the Constitution specify that legislation becomes law?

  • A bill must pass both the House and Senate

  • Sent to the President for approval

  • If signed → becomes law

  • If vetoed → returns to Congress

  • Congress can override veto with 2/3 vote in both chambers

12
New cards

What requirements does the Constitution specify to hold various offices?

  • House Representative: Age 25+, citizen for 7 years, live in state

  • Senator: Age 30+, citizen for 9 years, live in state

  • President: Age 35+, natural-born citizen, U.S. resident for 14 years

  • Federal Judge: No age or citizenship requirement; serves for life (good behavior)

13
New cards

What do the various amendments accomplish?

  • Bill of Rights (1–10): Protect speech, religion, trial rights, privacy, etc.

  • 13th Amendment: Abolished slavery

  • 14th Amendment: Guaranteed equal protection under law

  • 15th, 19th, 24th, 26th Amendments: Protected voting rights

  • 22nd Amendment: Limited President to 2 terms

  • 27th Amendment: Delayed congressional pay raises until next term

14
New cards

How do various parts of the Constitution affect federal-state relations?

  • Federalism: Divides powers between federal and state governments

  • Tenth Amendment: Reserves non-federal powers to the states or people

  • Supremacy Clause (Article VI): Federal law overrides state law

  • Article I, Section 10: Limits states from making treaties or coining money

  • Shared Powers: Both levels can tax, create courts, enforce laws

15
New cards

What were the facts, questions, holding, reasoning, and opinions in Marbury v. Madison (1803)?

  • Facts: Marbury was appointed justice of the peace by John Adams but never received his commission. He sued Secretary of State Madison to compel delivery.

  • Question: Could the Supreme Court issue a writ of mandamus to force delivery? Was the Judiciary Act of 1789 constitutional?

  • Holding: Section 13 of the Judiciary Act was unconstitutional. Established the principle of judicial review.

  • Reasoning: The Constitution sets limits on the Court’s original jurisdiction. Congress cannot expand it by statute.

  • Opinion: Unanimous decision authored by Chief Justice John Marshall.

16
New cards

What were the facts, questions, holding, reasoning, and opinions in United States v. Nixon (1974)?

  • Facts: President Nixon refused to turn over Oval Office tapes subpoenaed during the Watergate investigation.

  • Question: Can the President claim absolute executive privilege to withhold evidence in a criminal trial?

  • Holding: Executive privilege is limited, not absolute, and does not apply in criminal proceedings.

  • Reasoning: The need for evidence in a fair trial outweighs generalized claims of privilege. The President is not above the law.

  • Opinion: Unanimous 8–0 decision (Rehnquist recused).

17
New cards

What were the facts, questions, holding, reasoning, and opinions in Gideon v. Wainwright (1963)?

  • Facts: Clarence Gideon was denied a court-appointed lawyer in a Florida felony case and convicted.

  • Question: Does the Sixth Amendment guarantee the right to counsel in state criminal trials?

  • Holding: Yes. The right to counsel is fundamental and applies to states through the 14th Amendment.

  • Reasoning: A fair trial isn’t possible without legal representation. Overturned Betts v. Brady.

  • Opinion: Unanimous 9–0 decision.

18
New cards

What were the facts, questions, holding, reasoning, and opinions in Tinker v. Des Moines (1969)?

  • Facts: Students wore black armbands to protest the Vietnam War. The school suspended them.

  • Question: Do students retain First Amendment rights at school?

  • Holding: Yes. Symbolic speech is protected as long as it doesn’t disrupt school functions.

  • Reasoning: The protest was peaceful. Students don’t lose constitutional rights at school.

  • Opinion: 7–2 decision. Dissent from Justices Black and Harlan.

19
New cards

What were the facts, questions, holding, reasoning, and opinions in Mapp v. Ohio (1961)?

  • Facts: Police illegally searched Mapp’s home without a warrant and found obscene materials.

  • Question: Can evidence obtained in violation of the Fourth Amendment be used in state courts?

  • Holding: No. Illegally obtained evidence is inadmissible in both state and federal courts.

  • Reasoning: The exclusionary rule is necessary to enforce the Fourth Amendment. Incorporated via the 14th Amendment.

  • Opinion: 6–3 decision.

20
New cards

What were the facts, questions, holding, reasoning, and opinions in Gonzales v. Raich (2005)?

  • Facts: Angel Raich and Diane Monson legally used homegrown medical marijuana under California law. Federal DEA agents destroyed their plants under the Controlled Substances Act.

  • Question: Can Congress ban locally grown medical marijuana under the Commerce Clause?

  • Holding: Yes. Congress may prohibit intrastate medical marijuana cultivation as part of regulating the interstate market.

  • Reasoning: Under Wickard v. Filburn, local use substantially affects the national market. The CSA is a valid exercise of Commerce Clause power.

  • Opinion: 6–3 decision. Majority by Justice Stevens, Scalia concurred. Dissenters: O’Connor, Rehnquist, Thomas

21
New cards

What were the facts, questions, holding, reasoning, and opinions in Brown v. Board of Education (1954)?

  • acts: African American children in several states challenged segregation in public schools under the “separate but equal” doctrine.

  • Question: Does segregated public education violate the Equal Protection Clause of the 14th Amendment?

  • Holding: Yes. School segregation is inherently unequal and unconstitutional.

  • Reasoning: Separation creates psychological harms and conveys a message of inferiority. Racial segregation thus violates equal protection.

  • Opinion: Unanimous decision authored by Chief Justice Warren

22
New cards

What were the facts, questions, holding, reasoning, and opinions in Heart of Atlanta Motel, Inc. v. United States (1964)?

  • Facts: Motel refused service to Black customers in violation of Title II of the Civil Rights Act of 1964.

  • Question: Can Congress forbid racial discrimination in public accommodations under the Commerce Clause?

  • Holding: Yes. Congress lawfully regulated private businesses affecting interstate commerce.

  • Reasoning: Racial discrimination by hotels undermines interstate travel and commerce. Title II is valid under Commerce Clause.

  • Opinion: Unanimous decision (Burger Court).

23
New cards

What were the facts, questions, holding, reasoning, and opinions in Van Orden v. Perry (2005)?

  • Facts: Ten Commandments monument on Texas State Capitol grounds was challenged as a violation of the Establishment Clause.

  • Question: Does the display violate the First Amendment by promoting religion?

  • Holding: No. The display has historical and cultural significance and does not primarily endorse religion.

  • Reasoning: Context matters; not coercive or an active religious endorsement. Considered part of heritage.

  • Opinion: 5–4 decision. Plurality by Rehnquist; dissents stressed religious messaging.

24
New cards

What were the facts, questions, holding, reasoning, and opinions in McCreary County v. ACLU of Kentucky (2005)?

  • Facts: County displayed framed Ten Commandments in courthouses; challenged as unconstitutional.

  • Question: Do these displays violate the Establishment Clause?

  • Holding: Yes. Displays intended to promote religion rather than historical context.

  • Reasoning: Court looked at purpose—display lacked secular intent and emphasized religion.

  • Opinion: 5–4 decision. Majority by Souter; dissent focused on tradition and state's right to express moral values.

25
New cards

What were the facts, questions, holding, reasoning, and opinions in New York Times Co. v. Sullivan (1964)?

  • Facts: Alabama official sued NYT for defamation over a civil-rights ad containing untrue allegations.

  • Question: Does First Amendment protect media from libel claims by public officials absent actual malice?

  • Holding: Yes. Public officials must prove “actual malice” to win defamation suits.

  • Reasoning: Protects free debate; error must be tolerated. “Actual malice” balances protection and accountability.

  • Opinion: Unanimous decision (Brennan Court).

26
New cards

What were the facts, questions, holding, reasoning, and opinions in Texas v. Johnson (1989)?

  • Facts: Johnson burned the American flag in protest. He was convicted under Texas law banning flag desecration.

  • Question: Is flag burning protected speech under the First Amendment?

  • Holding: Yes. It’s expressive conduct and protected symbolic speech.

  • Reasoning: Government cannot prohibit expression based on its message or viewpoint.

  • Opinion: 5–4 decision. Majority by Brennan; dissent argued flag deserved special protection.

27
New cards

What were the facts, questions, holding, reasoning, and opinions in Miranda v. Arizona (1966)?

  • Facts: Miranda was interrogated without being informed of his rights and confessed. He was convicted.

  • Question: Must police inform suspects of their rights (right to remain silent, counsel) before interrogation?

  • Holding: Yes. Suspects must be warned; otherwise, statements aren't admissible.

  • Reasoning: Protection against self-incrimination requires clear warnings and opportunity to invoke rights.

  • Opinion: 5–4 decision. Majority by Warren; dissenters argued warnings unnecessary and harmful to effective law enforcement.

28
New cards