Ex go
Constitutional Principles
10th Amendment: Powers not stated in the Constitution are reserved for the states.
Necessary and Proper Clause: Grants Congress the authority to make laws deemed necessary and proper that are not explicitly stated in the Constitution.
Supremacy Clause: Establishes that federal law overrides conflicting state laws.
Commerce Clause: Allows Congress to regulate commerce with foreign nations, among states, and with Indian tribes.
Judicial Concepts and Models
Stare Decisis/Precedent: Legal principle of determining points in litigation according to precedent.
Judicial Restraint: Philosophy wherein judges base rulings on precedents rather than personal or political considerations.
Judicial Activism: Philosophy prioritizing judges' interpretations based on personal views over strict adherence to current law.
Executive Authority
Executive Orders: Laws issued by the President, often used to direct the operations of the executive branch without congressional approval.
Often based on vague congressional legislation, leading to potential overreach.
Political Practices
Nepotism/Patronage: Hiring based on personal relationships or loyalty rather than merit, leads to a partisan government.
Gerrymandering: Manipulation of district boundaries for electoral advantage through:
Cracking: Spreading voters across districts to dilute their influence.
Packing: Concentrating voters of a particular type into one district to minimize their influence elsewhere.
Filibuster: A Senate procedure that allows prolonged debate to prevent a vote on legislation, requiring 60 votes to end.
Representation Models
Delegate Model: Representatives act according to the wishes of their constituents.
Trustee Model: Representatives make decisions based on their own judgment and conscience.
Politico Model: A mix of the delegate and trustee models, where representatives switch roles based on the context of issues.
Powers and Governance
Expressed Powers: Powers explicitly stated in the Constitution.
Devolution: The transfer of authority from a central to local government.
Oligarchy: A form of government where a small group holds power.
Supreme Court Case Summaries
Marbury v. Madison (1803): Established judicial review; the Supreme Court ruled the Judiciary Act of 1789 unconstitutional.
McCulloch v. Maryland: Confirmed the supremacy of federal laws over state laws and the establishment of a national bank as necessary under the Necessary and Proper Clause.
United States v. Lopez: Declared that gun possession near schools could not be regulated by Congress as it did not significantly affect interstate commerce.
Shaw v. Reno: Held that race cannot be the sole factor in redistricting, requiring strict scrutiny for racial classifications.
Baker v. Carr: Allowed federal courts to hear cases regarding gerrymandered districts violating the Equal Protection Clause.
Gibbons v. Ogden: Affirmed federal power to regulate interstate commerce.
Federalist Papers Summaries
Federalist No. 78: Advocates for an independent judiciary, highlighting its role as the weakest branch and the necessity of lifetime appointments to ensure impartiality.
Federalist No. 70: Argues for a strong, single executive to enhance accountability and effective governance.
Federalist No. 51: Describes the structure of government that provides checks and balances to prevent any one branch from becoming too powerful.
Brutus No. 1 Summary
Brutus No. 1: Expresses concern about a strong central government leading to loss of individual and state freedoms, arguing for the dangers of the Necessary and Proper Clause and the Supremacy Clause.
Declaration of Independence Summary
Declaration of Independence: Document declaring the colonies' separation from Britain, emphasizing unalienable rights to life, liberty, and the pursuit of happiness while listing grievances against King George III.