GoConqr hat ein neues Design! Sag uns, wie es dir gefällt.

Kostenlos registrieren

Karteikarten

PSC Final

Ellie Wyatt Political Science Englisch 154 Karten

Karten in diesem Stapel (154)

  1. 1What year was Brutus #1 written?1787
  2. 2What was Brutus #1 about?Brutus #1 addressed the question of whether or not the United States should operate as a Confederacy (states make up many small republics) or a large republic
  3. 3What argument was made in Brutus #1?Brutus #1 argued:
    - large territories cannot be "republics"
    - true freedom comes from the people, not representatives
    - state gov'ts better represent geographical areas of the U.S.
    - ratification of the Constitution will lead to a consolidated political community
    - the necessary and proper clause and the national supremacy clause nullifies state rights
    - representatives should mean something, people should not merely obey law out of fear
  4. 4Who were a few famous federalists?Hamilton, Madison, Jay ("Publius")
  5. 5Who were a few famous anti-federalists?Patrick Henry, Sam Adams ("Brutus")
  6. 6What year was Federalist 10 written in? Who wrote it?1787
    James Madison
  7. 7What was Federalist 10 about?Federalist 10 addressed the question "How will the new Constitution protect the liberty of citizens against the tyranny of the majority?" It proposed a solution to dangerous factions
  8. 8What did Madison argue in Federalist 10?He argued:
    - "extend the sphere" and increase the # of factions to dilute their effects
    - a larger republic is harder to abuse
    - supports representatives because it protects the nation from tyrannical people
  9. 9In Federalist 10, what were Madison's 2 solutions to eliminating factions?1) Remove the cause of them by limiting political liberty and producing sameness of interests, sentiments, etc. (bad idea)
    2) control the effects of factions (yes)
  10. 10What does the Judicial Branch do?The Judicial Branch evaluates the law through the Supreme Court and other federal courts
  11. 11How many Supreme Court justices are there?9
  12. 12What does the Executive Branch do?The Executive Branch carries out the law through people like the president, vice president, and the cabinet (individuals nominated by the president and approved by the Senate)
  13. 13What does the Legislative Branch do?The Legislative Branch makes the laws through a bicameral legislature consisting of the Senate (100) and the House (435)
  14. 14What is the bicameral legislature also referred to as?Congress
  15. 15When was the Constitutional Convention? What was the original intention?May - September 1787
    The original goal was to revise and enlarge the Articles of Confederation, not draft an entirely new Constitution
  16. 16What year was Federalist 51 written in? Who wrote it?1788
    James Madison
  17. 17What was Federalist 51 about?Separation of Powers and Checks and Balances
  18. 18What did Madison argue in Federalist 51?He argued:
    - their must be a separation of powers but they must be connected just enough to be able to "check" each other through checks and balances
  19. 19In Federalist 51, what does Madison say makes up a "pure or perfect separation of powers"1) members of each branch are independent of the will of the others (this is impossible though)
    - cannot be chosen/selected by the other
    - salary must be unchangeable
    2) each branch can exercise only their "type" of power
  20. 20Who said the following: "You must first enable the government to control governed, then oblige it to control itself"James Madison (in Federalist 51)
  21. 21Who said this: "Ambition must be made to counteract ambition" In what paper?James Madison in Federalist 51
  22. 22What year was Brutus #15 written in?1788
  23. 23What is Brutus #15 about?Brutus #15 addresses:
    how long should justices serve for and what kind of power should be given to the Judicial Branch?
  24. 24What does Brutus #15 argue?It argues:
    - AGAINST giving judicial branch power to interpret the Constitution because this is too large of a power to give
    - mocks the judicial system set up by article III of the Constitution
    - judicial power is "implied" which is BAD
    - lifetime tenure is unnecessary and dangerous
  25. 25When was Federalist 78 written? Who wrote it?1788
    Alexander Hamilton
  26. 26What was Federalist 78 about?How long should justices serve for and what kind of power should be given to the Judicial Branch?
  27. 27What did Hamilton argue in Federalist 78?- under article 2, judges are elected by the president
    - judicial branch is the weakest branch! and should not be the most powerful (executive branch should be)
    - judges should serve for life because it secures independence from other branches, guards from "ill humors", and attracts the best qualified candidates (reliability)
  28. 28When was Jefferson’s “Opinion on the Constitutionality of the Bank” written? By whom?1791
    Jefferson (who disagreed with Hamilton)
  29. 29What did Jefferson’s “Opinion on the Constitutionality of the Bank” argue?It argued:
    - the creation of the national bank was unconstitutional because it was nowhere stated (unenumerated)
    - Hamilton believed it to be an implied power through necessary & proper clause
    - Jefferson thinks it is convenient, but unnecessary
    - A national bank would swallow up all delegated powers to the states
  30. 30Who said the following: "If men were angels, no gov't would be needed"James Madison in Federalist 51
  31. 31How does the Executive Branch check the Legislative Branch?Vetoing Laws
  32. 32How does the Legislative Branch check the Executive Branch?Impeachment
  33. 33How does the Judicial Branch check the other 2 branches?Ruling on the constitutionality of laws
  34. 34What is NOT mentioned in article III of the Constitution?- size of Supreme Court
    - powers of the federal judiciary (judicial review??)
  35. 35What was the constitutional question behind Jefferson’s “Opinion on the Constitutionality of the Bank”?Was the creation of a national bank Constitutional?
  36. 36What amendment did Jefferson believe to be the "foundation of government"?10th amendment (anything not given to federal gov't belongs to the states)
  37. 37What year was McCulloch v. Maryland? Who authored the majority opinion?1819
    Justice John Marshall
  38. 38What are the facts behind McCulloch v. Maryland?The 2nd U.S. bank was chartered in 1816 and Maryland levied a $15,000 tax on all banks not chartered by the state (U.S. Bank). McCulloch, cashier of the U.S. Bank refused to pay and Maryland sued him.
  39. 39What constitutional question is raised in McCulloch v. Maryland (1819)?Does Congress have the constitutional power to incorporate a bank? Was Maryland's imposition of a tax on a nationally-incorporated bank constitutionally-permissible?
  40. 40What did Justice John Marshall argue in his majority opinion in McCulloch v. Maryland (1819)?He argued:
    - the power to charter a national bank is IMPLIED through the necessary and proper clause
    - federal government > state government (supremacy clause)
    - states CANNOT tax the bank though
  41. 41Who said: "the power to tax is the power to destroy"?Justice John Marshall in
    McCulloch v. Maryland (1819)
  42. 42What year was Wickard v. Filburn? Who authored the majority?1942
    Justice Jackson
  43. 43What are the facts behind Wickard v. Filburn?- FDR sought to prevent high/low prices of agricultural products
    - Agricultural Adjustment Act of 1938 limited the acreage farmers could grow wheat to 20 acres
    - Filburn exceeded the amount but said it was for “home consumption” but was fined and accused of violating the Act of 1938
  44. 44What is the constitutional question of Wickard v. Filburn?Does Congress have the authority under the commerce clause to regulate production of wheat that would never even make it into interstate markets?
  45. 45What did Justice Jackson argue in his majority opinion in Wickard v. Filburn?- although the wheat was not making it into interstate markets, his consumption had a substantial effect on commerce so congress DID have the power to regulate his wheat production since
    - adopted the "aggregate effcts" doctrine
  46. 46Did Wickard v. Filburn adopt an empirical or categorical definition of commerce?Empirical (Congress can regulate anything related to or that affects commerce in any way) which is a BROAD definition of commerce
  47. 47What year was NFIB v. Sebelius? Who wrote the majority opinion? dissenting opinions?2012
    majority: Roberts
    dissenting: Ginsberg
    dissenting: Scalia
  48. 48What is the "compact" theory of the union?Federal government is just an instrument that is run by many states that have entered into a "compact" with one another
  49. 49What are the facts behind NFIB v. Sebelius?- Congress adopted Affordable Care Act (2010)
    - It challenged 2 provisions: individual mandate and medicaid expansion
    - Individual mandate required people to purchase at least a minimum health insurance coverage
    - Medicaid expansion gave states federal funds only to states that provided healthcare to everyone under a certain poverty line (<65 & below 135% FDR)
  50. 50What was the constitutional question in NFIB v. Sebelius?Did Congress have authority from powers in Article 1 Section 8 (spending power) to require you to purchase health insurance? Did Congress exceed its spending powers through the conditions attached to medicaid expansion?
  51. 51What did Roberts argue in NFIB v. Sebelius?Individual Mandate: unconstitutional
    - Congress can NOT force people to purchase health insurance
    because otherwise, Congress could force you to buy anything (broccoli)
    - can work if we view it as a tax
    Medicaid Expansion: unconstitutional
    - cannot take away 100% of funding
  52. 52What did Ginsburg argue in NFIB v. Sebelius?Individual Mandate: constitutional
    - uninsured will get hurt or sick at some point and affect commerce anyways
    Medicaid Expansion: constitutional
    - states never had the right to those medicaid funds anyways
  53. 53What did Scalia argue in in NFIB v. Sebelius?Individual Mandate: unconstitutional
    Medicaid Expansion: unconstitutional
    the entire act was coercive and Congress had no right to enforce any of it
  54. 54What was the outcome of NFIB v. Sebelius?individual mandate = constitutional (tax)
    medicaid expansion = unconstitutional (unless only a portion of federal funding was taken away)
  55. 55What Constitutional Clause and Amendment was involved in Kelo v. New London?5th Amendment
    Takings Clause
  56. 56What clause is this? “Nor shall private property be taken for public use, without just compensation.”5th Amendment
    Takings Clause
  57. 57What is eminent domain?the power to take private property for public use
  58. 58What year was Kelo v. New London? Who authored the majority opinion? Dissenting opinion?2005
    Stevens
    O'Connor (dissent)
    Thomas (dissent)
  59. 59What are the facts behind Kelo v. New London (2005)?The city of New London, CT was in a bad place after the closing of a naval center. They planned to take property to use it for the development of a Pfizer headquarters. They promised to use their eminent domain to open up public parks, marinas, offices, etc. Kilo & property owners argued this violated the 5th amendment
  60. 60What is Justice Steven's opinion in Kelo v. New London (2005)?He believes that the property takings did not violate the 5th amendment because there was a devised plan that promised public use.
  61. 61What 3 things did Justice Stevens say that the Economic Development Plan would bring to New London?1) bring job opportunities
    2) increase tax revenue
    3) revitalize the city
  62. 62What did O'Connor argue in Kelo v. New London (2005)?- Takings must immediately remove harm from the public which in this case, does not
    - all land is subject to "public use" now and this takings clause is far too vague
  63. 63What is the constitutional question in Kelo v. New London?Was the taking of Kelo's property to transfer it to private developers a violation of the takings clause?
  64. 64What did Thomas argue in his dissenting opinion in Kelo v. New London (2005)?- public use does NOT equal general welfare
    - this application to the takings clause puts poor communities at risk
  65. 65What 2 court cases dealt with the 14th amendments "liberty of contract"?West Coast Hotel v. Parrish
    Lochner v. NY
  66. 66What year was Lochner v. NY? Who authored the majority opinion?1905
    Peckham
  67. 67What were the facts behind Lochner v. NY (1905)?Bakeshop Act in NY stated that excessive work can become dangerous so there must be limitations. It enforced no more than 60 hours a week and 10 hours a day. Lochner was accused of allowing workers to surpass that amount but argued it violated the 14th amendment.
  68. 68What is the constitutional question raised in Lochner v. NY (1905)?Did the Bakeshop Act deprive Lochner of liberty without due process & thus, violate the 14th amendment?
  69. 69What was Peckham's opinion in Lochner v. NY (1905)?- the Bakeshop Act violated the liberty between employee and employer under the 14th amendment
    - The NY policy was too broad AND too narrow because it regulated so little that it was not deemed an employee health law or a public safety law
    - there was no good reason behind the policy
  70. 70What is the "state police power"? What case does it apply to?Police Power = reserved powers to secure and protect public health, morals, public safety, and common good for citizens
    - Lochner v. NY (an abuse of police power)
  71. 71What year was West Coast Hotel v. Parrish? Who authored the majority opinion?1937
    Hughes
  72. 72What are the facts behind West Coast Hotel v. Parrish (1937)?Parrish was a maid who was receiving wages below the minimum wage. She sued to have the hotel repay her the difference.
  73. 73What was the constitutional question in West Coast Hotel v. Parrish (1937)?Is imposing minimum wage for women a violation of the liberty of contract protected under the 14th amendment?
  74. 74What was Hughes' opinion in West Coast Hotel v. Parrish (1937)?- imposing minimum wages for women is not a violation and is thus constitutional
    - liberty of contract lacks a textual basis
    - there is a rational basis for imposing minimum wages (to protect women & the interests of tax payers)
  75. 75What year was Griswold v. Connecticut? Who authored the majority opinion1965
    Douglas
    Goldberg (concur)
    Black (Dissent)
  76. 76Where is the liberty of contract and right to privacy found in the Constitution?They are not in the Constitution
  77. 77What is the right to privacy?freedom from being exposed to or observed by the public or the state (Griswold also states it is freedom from being regulated by the public or state)
  78. 78What are the facts in Griswold v. Connecticut (1965)?A CT law criminalized the possession, sale, or distribution of contraceptives including for married couples. Griswold and other physicians were charged because they were counseling & prescribing them.
  79. 79What constitutional question is raised in Griswold v. Connecticut (1965)?Is a state law prohibiting the distribution and use of contraceptive advice and materials a violation of the "right to privacy"?
  80. 80What was Douglas opinion in Griswold v. Connecticut (1965)?- invalidated the CT law because it violated a marital right to privacy
    - decisions regarding child-bearing within the marital relationship are within the sphere of privacy under the penumbras of the bill of rights
  81. 81Who said this: "specific guarantees in the BOR have penumbras, formed by emanations from those guaranteed that help give them life and substance. Various guarantees create zones of privacy"Justice Douglas in Griswold v. CT (1965)
  82. 82What year was Roe v. Wade? Who authored the majority opinion1973
    Blackmun
    Rehnquist, Bryer, Sotomayer, Kagan (dissenters)
  83. 83What are the facts behind Roe v. Wade (1973)?Texas abortion statue prohibited abortion except in cases to save the mother. Roe, a pregnant and divorced women sued on the grounds that she had a fundamental right to abortion.
  84. 84What constitutional question is raised in Roe v. Wade (1973)?Did the Texas law violate the due process of the 14th amendment by prohibiting the decision to have an abortion?
  85. 85What was Blackmun's majority opinion in Roe v. Wade (1973)?- yes, the Texas statute violated the due process clause
    - 14th amendment mentions no rights of the "unborn"
    - child-bearing decisions greatly "fundamentally affect" the mother (strict scrutiny)
    - trimester framework
  86. 86What is the trimester framework?1st trimester: the state cannot regulate abortion, only the mother and physician can make those decisions
    2nd trimester: the state can regulate abortions only related to the mother's health
    3rd trimester: a state may regulate abortions/prohibit them once the fetus is "viable"
  87. 87What were the problems with Roe's trimester framework?Trimesters became increasingly irrelevant as advancements in medicine become greater. The "viability" line was not compelling because viability has changed since 1973.
  88. 88What year was Washington v. Glucksberg? Who authored the majority opinion?1997
    Rehnquist
  89. 89What are the facts behind Washington v. Glucksberg (1997)?Under WA law, promoting a suicide was a felony. Physicians challenged this law by arguing it violates liberty protected under the 14th amendment
  90. 90What is the constitutional question in Washington v. Glucksberg (1997)?Did WA law banning physician assisted suicide violate a liberty interest under the due process clause of the 14th amendment?
  91. 91What was Rehnquist's opinion in Washington v. Glucksberg (1997)?- No, the WA law banning it is not a violation of a liberty interest because it is not rooted in our history or traditions
    - the State had a legitimate interest to preserve life
  92. 92What year was Lawrence v. Texas? Who authored the majority opinion?2003
    Kennedy
  93. 93What are the facts behind Lawrence v. Texas (2003)?TX statute prohibited same-sex sodomy. Upon entering a home for weapon search, police found Lawrence engaging in same-sex sodomy and was convicted for violating this statute. Lawrence argued the statute was a violation of liberty under the 14th
  94. 94What constitutional question was raised in Lawrence v. Texas (2003)?Did the state law prohibiting same-sex sodomy violate Lawrence's liberty under the due process clause?
  95. 95What was Kennedy's majority opinion in Lawrence v. Texas (2003)?- the TX law did violate Lawrence's liberty
    - this case failed the rational basis test because the state had no legitimate goal
    - outcome: invalidated TX law and legalized same-sex activity across the country
  96. 96What year was Obergefell v. Hodges? Who authored the majority opinion?2015
    Kennedy
  97. 97What was the facts in Obergefell v. Hodges (2015)?Several states defined marriage as a union between man and women. 14 same sex couples and 2 same-sex widows claimed that state officials violated the 14th amendment by denying them the right to marry
  98. 98What is the constitutional question in Obergefell v. Hodges (2015)?(1) Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex?
    (2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex that was legally licensed and performed in another state?
  99. 99What is Kennedy's opinion in Obergefell v. Hodges (2015)?- when states limit marriage recognition to opposite-sex unions, they are denying same-sex a fundamental right to marry
    - this exclusion denies these couples of "dignity"
    - there is no compelling interest to barr same-sex marriages
    - outcome: all same-sex couples have a right to marry
  100. 100According to Kennedy in Obergefell v. Hodges, why is the right to marry fundamental?1) the right to personal choice is inherit in the concept of AUTONOMY
    2) suppers two-person COMPANIONSHIPS
    3) provides safeguards for CHILDREN
    4) keystone in SOCIAL order and provides PUBLIC BENEFITS
  101. 101When was Dobbs v. Jackson Women's Health Organization? Who wrote the majority opinion? Who was the concurrer? Who were the dissenters?2022
    Alito
    Thomas (concurring)
    Bryer, Sotomayer, Kagan
  102. 102What are the facts behind Dobbs v. Jackson WHO (2022)?Mississippi Gestational Age Act prohibited abortion after the fetus reached 15 weeks:
    - fetus had the capacity to feel pain
    - barred pre-viability abortion
    Jackson WHO sued saying that it violated Roe because the government was banning abortion in pre-viability (prohibited in Roe)
  103. 103What is the constitutional question raised in Dobbs v. Jackson WHO (2022)?Does the Constitution confer a right to abortion?
    Should Roe v. Wade and Planned Parenthood v. Casey be overruled?
  104. 104What is Alito's opinion in Dobbs v. Jackson WHO (2022)?- Roe must be overruled because the reasoning was weak since the court failed to identify the abortion right being rooted in anything
    - Roe was wrong in defining 3rd party harm
    - viability line makes no sense
  105. 105What did Thomas say in his concurring opinion in Dobbs v. Jackson WHO (2022)?- we must overrule Roe but for a different reason
    - Roe was an enforcement of substantive due process which is "fallacious/wrong interpretation" of due process
    - we should go overrule EVERY case that involved substantive due process (obergefell, lawrence, griswold, and roe)
  106. 106What did the dissenters have to say in Dobbs v. Jackson WHO (2022)?Breyer, Sotomayer, Kagan argue:
    - Roes identification and enforcement of a previability abortion right rested on the recognition of the conflicting interests at stake
    - substantive due process was applied to balance the differing interests
    - the majority "discards" this balance by determining what liberty meant in 1868 rather than 2022
  107. 107What is this from: “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”Vesting Clause
    Article 1 Section 1
  108. 108What is this from: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”10th amendment
  109. 109What is this from: “To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.”Article 1 Section 8
    Necessary and Proper Clause
  110. 110What is this from: “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States”Article 1 Section 8
    Spending and Taxing Power
  111. 111What is this from: "To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;"Article 1 Section 8
    Commerce Clause
  112. 112What is this from: “The Executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years.”Article II
    Vesting Clause
  113. 113What is this from: “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.”Article III
    Vesting Clause
  114. 114Where is this from: “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people”9th amendment
  115. 115Where is this from: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”10th amendment
  116. 116Where is this from: "nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."5th amendment
    Takings Clause
  117. 117Where is this from: "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."13th amendment
  118. 118Where is this from: "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;"14th amendment Sec. 1
    Privileges or Immunities Clause
  119. 119Where is this from: "nor shall any state deprive any person of life, liberty, or property, without due process of law"14th amendment Sec. 1
    Due Process Clause
  120. 120Where is this from: "nor deny to any person within its jurisdiction the equal protection of the laws."14th amendment Sec. 1
    Equal Protection Clause
  121. 121Where is this from: “The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.”14th Amendment Sec. 5
    Enforcement Clause
  122. 122What year was Plessy v. Ferguson? Who wrote the majority opinion? Who wrote the dissenting opinion?1896
    Brown
    Harlan (famous dissent)
  123. 123What was the constitutional question raised in Plessy v. Ferguson (1896)?Did the law requiring "equal, but separate" accommodations violate the 13th amendment's abolition of slavery, the Equal Protection Clause, or other provisions of the 14th amendment?
  124. 124What was Brown's opinion in Plessy v. Ferguson (1896)?- Segregation was ok as long as it was equal but separate
    - The 14th amendment intended to establish legal equality between races not social equity or racial assimilation.
    - The segregation law applies equally to whites and non-whites.
  125. 125What is the Reasonability Rule?A rule presented in Plessy v. Ferguson that stated the segregation to be:
    a “reasonable” means to promote social peace and social comfort
  126. 126What was Harlan's opinion in Plessy v. Ferguson (1896)?- The Constitution is colorblind
    The intention of the 13th and 14th amendment was to:
    --- Provide equal rights in a race neutral basis
    --- Deny the significance of racial difference as a basis of legal distinction
    - Racial segregation deprives individuals of liberty
    - Race-based distinction is arbitrary and limits liberty on an arbitrary basis
  127. 127What is the Separate but Equal Doctrine? What dates was it in effect?1896-1938: the Court upheld a legal segregation in all areas of life if the state could show that the law was "Reasonable". Reasonable = maintaining customs and preventing threat to public order
  128. 128What shut down the Equal but Separate Doctrine? In what year?1938: Carolene Products - Footnote Four addressed that the Court needs to provide stricter scrutiny in evaluating segregation laws
  129. 129What occurred from 1938-1954?Upheld segregation laws BUT required more from states to show "reasonability" of law
  130. 130What did the Equality of Accommodations require?it required equality in both tangible factors (measurable) and intangible factors
  131. 131Who said "separate is inherently unequal"? In what cases?Warren
    Brown v. Board of Education
  132. 132What year was Brown v. Board of Education? Who wrote the majority opinion?1954
    Warren
  133. 133What was the constitutional question in Brown v. Board of Education (1954)?Did states that provided separate public schools for whites and blacks that had equal facilities violate the Equal Protection Clause?
  134. 134Where is the Equal Protection Clause found in the Constitution?14th amendment
  135. 135What was Warren's opinion in Brown v. Board of Education (1954)?Relied on social psychology
    - segregated schools produced feelings of inferiority which produced worse educational outcomes in minority schools
  136. 136What were the facts behind Brown v. Board of Education (1954)?this case consolidated several cases in which states provided segregation in public elementary schools with equal facilities, pay for teachers, funding, but which were challenged as contrary to the Equal Protection clause.
  137. 137What is substantive due process?Asks whether or not the government’s deprivation of life, liberty, or property was justified for a sufficient purpose. Governs WHAT rights are deprived
  138. 138What is procedural due process?Asks whether the correct procedures were followed when taking away life, liberty, or property. Governs the MANNER in which they are deprived
  139. 139What is the extended republic argument?Madison’s view in Federalist 10 how if we extend the sphere, we can limit the powers of factions. Essentially, saying that a larger republic is better than a confederacy.
  140. 140What is strict construction? And how does it relate to federalism?DUAL FEDERALISM: limits Congress by a strict construction of the commerce power in order to preserve state authority from national encroachment
  141. 141Does strict construction adopt a categorical or empirical definition to commerce? Why?Categorical because it limits Congress to ONLY what the Constitution says
  142. 142What is the "Aggregate Effects Doctrine"?By adding up all of the individual cases and looking at issues on the WHOLE, under this doctrine, Congress is essentially allowed to try to solve the problem by doing/enforcing anything or law they want.
    - If there is an obesity problem -> force people to buy veggies.
    - If there are wheat trade problems -> Congress can limit the amount of wheat farmers can buy
  143. 143What is a physical taking?When the government encroaches upon private land for its own proposed use
  144. 144What is a regulatory taking?arise although the government actions do not encroach upon or occupy the property but still affect and limit its use to such an extent that a taking occurs.
  145. 145When a court uses strict scrutiny, is the law presumptively unconstitutional or constitutional? What is the state attempting to prove?In strict scrutiny, the law is presumptively unconstitutional and the states must justify why the law IS constitutional
  146. 146When the court uses rational basis, is the law presumptively unconstitutional or constitutional? What is the state attempting to prove?In rational basis, the law is presumptively constitutional and the states must justify why it is unconstitutional
  147. 147What is Selective Incorporation?The idea that framers believed only SOME of the rights in the BOR should be incorporated into the Constitution (some are more important than others)
  148. 148What is Total Incorporation?The idea that the framers intended for ALL of the rights in the BOR to be in the Constitution
  149. 149What was Barron v. Baltimore (1833) about?Outcome: the Bill of Rights only applied to federal government, not state governments
  150. 150What amendment overruled Barron v. Baltimore (1833)?14th amendment
    (B.O.R. now extends to federal AND state governments)
  151. 151What court case applied the "Reasoned Judgement" Doctrine? What does this mean?Obergefell v. Hodges (2015)
    Even though the right to marry was rooted in history, is it a fundamental right outlined in the constitution?
    [Kennedy says yes]
  152. 152Who said this: "But the question respecting the extent of the powers actually granted is perpetually arising, and will probably continue to arise so long as our system shall exist.”Justice Marshall
    McCulloch v. Maryland
  153. 153Did “Strict Scrutiny” of Laws Impair Preferred Rights or Non-Preferred RightsPreferred Rights
  154. 154Did "Rational Basis" of Laws Impair Preferred Rights or Non-Preferred Rights?Non-Preferred Rights

Informationen

Beschreibung
Political Science Karteikarten am PSC Final , erstellt von Ellie Wyatt am 03/12/2022.
Erstellt von
Ellie Wyatt
Aufrufe
8
Bewertung

Feedback

Worum geht es?

Wie gefällt dir das neue Design?

Dein Eindruck