Why a Bill of Rights Is Not Enough

These flashcards cover key concepts and arguments from William H. Rehnquist's essay 'Why a Bill of Rights Is Not Enough,' focusing on the importance of an independent judiciary for the enforcement of rights.

What is the main argument presented by William H. Rehnquist in 'Why a Bill of Rights Is Not Enough'?

Guarantees of rights are meaningless without an independent judiciary.

What significant event marked the bicentennial related to the Bill of Rights?

The 200th anniversary of the ratification of the U.S. Bill of Rights.

How did Rehnquist describe the significance of the independent judiciary?

It is essential for enforcing individual rights and limits on governmental powers.

What did the French Constitution of 1789 fail to do that contributed to the Reign of Terror?

It failed to create an institution capable of safeguarding individual rights.

Who was Thomas Jefferson's view regarding the necessity of a bill of rights?

Jefferson believed it was essential for citizens against government encroachments.

What was the outcome of the impeachment trial of Samuel Chase?

Chase was acquitted, setting a precedent for how impeachment should not be used to remove judges for conduct in judicial duties.

What crucial judicial principle was established in Marbury v. Madison (1803)?

The doctrine of judicial review.

In the context of judicial independence, how did the Federalists' actions prior to 1801 affect the judiciary?

They attempted to create new judicial positions to maintain control over the judiciary.

What was Rehnquist's view on the relationship between rights and an independent judiciary?

He emphasized that an impressive list of rights is insufficient without an active and independent judiciary to enforce them.

What historical event in 1806 did Thomas Jefferson blame Aaron Burr for?

A conspiracy to cause certain states to secede or mount an armed expedition against Spain.