1. Read each chapter introduction and be able to answer questions about the person 2. Pay attention to briefs
2.3 Struggle over Ratification down to NY and NH to ratify Constitution 3.1 Men and Women of October process of Supreme Court appeals/written opinions 3.6 Obama’s Supreme Court appointee’s: Sonia Sotomayor and Elena Kagan 3.7 Seventeenth Chief Justice: John G. Roberts GW Bush appointed, conservative but willing to make changes
4.2 Supreme Court Revolution of 1937 tried to authorize 15 seats on the SC 4.3 Marbury v. Madison (See court cases #44)
5.1 Constitutional Amendments and the Presidency (See question #20) 5.2 Anatomy of 2012 Presidential Election most expensive campaign, Obama won all “swing states”, democratic Senate and republican House
5.3 President’s Constitutional Powers: Article II (See question #30)
5.6 Controversy over “Recess” Appointments problem:when is the senate in “recess”? 5.11 USA Patriot Act of 2001 antiterrorism legislation (11 provisions)
6.3 Watergate Nixon’s involvement and reluctance to provide tapes bc of executive privilege
6.4 Starr Report and Clinton Impeachment Perjury and Obstruction of Justice charges 6.5 Rise of Government Corporations TVA and FDIC (“power of govt but flexibility and initiative of private enterprise”)
3. What are checks and balances? Can you think of a few examples? Def = Each branch of the government can check the other
We also discuss several other topics like What is used to test a theory?
Ex: • Both houses must pass same bill• President may veto bill• Congress may override veto• Supreme Court may strike down law• President appoints judges and other officers• Senate must confirm appointments• President may make a treaty• Senate must ratify treaty We also discuss several other topics like physics 1080
4. What was the “Revolution of 1937”?
• Old Court struck down nearly all of FDR’s first term New Deal legislation • FDR proposes plan to increase size of SC to “provide help” for older justices • No action by Congress, but FDR wins1936 election in a landslide
• Supreme Court decisions starting in 1937(West Coast Hotel v. Parrish) are different.
5. What are the individualist and communitarian theories?
Individualist = Independence takes precedence over government. Gov. must preserve and promote certain rights. We also discuss several other topics like southern illinois university chemistry
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Communitarian = Gov. plays positive role in lives of people. A substantive (firm basis of reality) view of justice vast inequalities.
6. What were the key concepts in the Declaration of Independence?
Highlight Self evident truths (all men created equal and have inalienable rights given by God; Life, Liberty and the pursuit of happiness)
Laws of nature and natures God We also discuss several other topics like nutr 303 purdue
Government derives its power from the “Consent of the Governed.” When abuses of rights occur, “it is their right, it is their duty to throw off such government. . .”
Jefferson’s words drew heavily upon the thought of John Locke.
7. What was the Northwest Ordinance?
Allowed for there to be an expansion of America. Land north and west of Ohio River. Apart of Article of Confederation.
8. What were the key weaknesses of the Articles of Confederation? Each state had only 1 vote, no permanent executive branch, and no judicial branch. No way for the gov. to force laws on states, no power to tax, no power to enforce laws, each state could create their own paper money, no national army, states could create tariffs between states, and no court system.
“Each state retains its sovereignty, freedom, and independence, and every power,jurisdiction and right which is not by this confederation expressly delegated to the United States, in Congress assembled.”
9. What is a writ of certiorari?
A type of writ, meant for rare use, by which an appellate court decides to review a case at its discretion. The word certioari comes from Law Latin and means "to be more fully informed." A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it. The U.S. Supreme Court uses certiorari to pick most of the cases that it hears. Don't forget about the age old question of What is the role of chloroplasts?
10. What is judicial review?
The power of courts to determine the validity of governmental acts.
– Legislation by Congress
– Presidential orders and actions
11. Who are the current members of the Supreme Court?
• John Roberts
• Antonin Scalia
• Anthony Kennedy
• Clarence Thomas
• Ruth Bader Ginsburg
• Stephen Breyer
• Samuel Alito
• Sonia Sotomayor
• Elena Kagan
12. From where do appeals come to the Supreme Court?
• Federal Route – 65 %
• State Route – 35%
13. Powers of the U.S. Senate and U.S. House of Representatives? House:
• Constitution requires the House to be the source of all “revenue” bills
• Constitution gives the House the power of impeachment.
• Try impeachment cases
• Advise and consent powers
– Ratify treaties
– Confirm appointments (all federal judges,officers of the United States whose jobs require confirmation).
14. What was the Virginia Plan? What was the Great Compromise?
The Virginia Plan (Madison)
– Bicameral Legislature (both houses apportioned on basis of population) – Executive branch– Judicial branch
The Great (Connecticut) Compromise
– Bicameral Legislature: House based on population and Senate based on state equality
– 3/5 Compromise: representation based on whole number of free persons and 3/5 of all other persons, excluding Indians.
15. What are the 16th, 17th, and 27th Amendments about?
16th Income tax Amendment
17th Allows regular voters to vote for their senators. (Before was becoming corrupt with state legislatures only voting)
27th Congress can not give themselves a raise. They can vote for it, but it won’t go into act until next congressional members.
16. What are enumerated powers? What are implied powers? Reserved powers? Enumerated Powers of Congress
• Declare War
• Coin money, regulate value
• Raise and support armies … provide for a Navy
• Promote the progress of science and theuseful arts
• Regulate commerce
Implied Powers of Congress
• To make all laws that are “necessary and proper” for carrying out its enumerated powers.
• As long as the “end” is constitutional,Congress may use any “means” at its disposal to achieve that end. (From McCulloch v. Maryland, 1819)
Reserve (anything else)
Congress Power to Organize and Staff Government
• Establish all government agencies,departments, commissions, corporations – 14 executive departments –most recent?– Government corporations – examples?
– Independent regulatory commissions
• Staff government through a Civil Service
– 1883 Pendleton Act– Civil Service Reform Act of 1978
Congress and Money
• Power to Tax
– Individual income taxes, 42%– Corporate taxes, 9%– Social Retirement taxes, 37%
• Power to Spend
– Defense, 20%; Social security, 20%; Health,25%, Income security, 18%; Education, 4%;Agriculture, 1%; Interest on debt, 6%.
• Power to Borrow – Raising the debt limit
17. What are the essential elements of all Constitutions, according to the text? Four essential elements of all Constitution's – preamble or statement of purpose, organizational chart of the government, amendatory articles (mechanism for change), and the bill of rights.
18. What problem was Publius addressing in Federalist #10?
Publius (aka James Madison) was addressing the problem of factions. He claimed that one “extended republic” (federal government) would be able to guard against the formation of majority factions. The government would then protect the rights of all citizens
19. What did the Judiciary Act of 1789 do?
Effort to organize the court system (set size of Supreme Court to 6 (changed), created 3 circuit courts and one district court per state, and gave Supreme Court jurisdiction to hear appeals from state courts when the state: ruled against federal law, upheld federal law, or denied a right under the constitution) size of Supreme Court doesn’t matter but they have the last word
20. Know what these constitutional amendments did: 12th, 20th, 22nd , 23rd, 25th 12: Election of the Pres and VP separately
20: Shorten “lame duck” period between election and inauguration 22: Limits Pres to two terms
23: Gives DC 3 electoral votes
25: Presidential disability and succession
21. What is the Magna Carta?
Magna Carta – historical document of Great Britain, written in 1215, that limited the royal authority (not a constitution)
22. Father of the Constitution?
23. What are the key elements of “constitutionalism?”
Limited Government (checks and balances), Rule of Law (“higher law” above policies of leaders, leaders held accountable), Fundamental worth of individual 24. What were the differences between Federalists and AntiFederalists? Federalists: in favor of the Constitution
Antifederalists: against the new Constitution (much less organized) gave govt too much power
changed basic rules of govt
govt would be too big and cover too much territory
failure to contain Bill of Rights
25. What are the different types of opinions written by Supreme Court justices? Per Curiam: signed by everyone in court
Majority: opinion that majority of the court holds
Concurring: opinion that agrees on result but not reasoning Dissenting: opinion of those who disagree with majority opinion 26. What is the supremacy clause?
Article VI of the constitution (made as a compromise to the issue of sovereignty) – “the Constitution and all laws made under its authority shall be the supreme law of the land”
27. What were the main contributions of James Madison, Thomas Jefferson, George Mason, John Marshall in Marbury v. Madison
James Madison: New Sec. of State who would not give Marbury commission Thomas Jefferson: New Pres who would not give Marbury his commission George Mason: AntiFederalist who opposed ratification of the Congress John Marshall: newly appointed Chief Justice who wanted to give Marbury his commission but faced difficult problems (broad reading of Constitution)
28. What were the Federalist Papers? Who wrote them?
Federalist Papers were what leaders of federalism believed the constitution meant (book: “defended the basic principles and provisions of the Constitution of 1787”) – written by James Madison, Alexander Hamilton, and John Jay
29. What is the President’s veto power? Consult the table in the text. Falls under the Chief Executive powers of Pres – power to sign or veto legislation, no lineitem veto power (all or none)
Only 4.3% of vetoes are overridden by Congress, Franklin Roosevelt most total vetoes (635)
pocket veto (take no action), regular veto (refuse to sign)
30. What powers are given to the President by the Constitution?
Chief Legislator (sign vetos, provide info to congress)
Chief Executive (head of exec branch of govt, pardon)
Chief Diplomat (treatymaking power, executive agreements, receive ambassadors and minister from foreign nations)
Commander in Chief (war power)
31. What are the main features of U.S. District Courts?
Exercise only original jurisdiction, federal trial courts, use of petit and grand juries, US District Attorney
32. What is executive privilege? What case was it from?
Executive privilege: power of President to deny access to info and privacy of Presidency (US v. Nixon 1974)
33. What is impeachment? How does it work? Which Presidents have been impeached?
Impeachment: strictly political remedy for wrongdoing by a president, which carries no civil or criminal penalties (can lead to removal from office) – Pres can be impeached for treason, bribery, high crimes/misdemeanors
House impeaches and the Senate convicts
Johnson and Clinton impeached but not convicted/removed, Nixon resigned 34. Explain the 25th Amendment? What is the order of Presidential succession? mechanism for replacing the Pres who becomes disabled
method for restoring power when ready
clear line of succession to Presidency:
VP, Speaker of the House, Senate President ProTempore, Secs of State,
Treasury, Defense, Attorney General
appointment of new VP when office becomes vacant
35. What determines a states’ electoral votes? How is a President elected? States receive electoral votes equal to size of their congressional delegation: one for each member in the House of Representatives plus two for your Senators. (minimum of 3 votes)
For president to win, they must obtain majority of all electoral votes
36. What is judicial activism? Judicial restraint?
Judicial activism: Judges must, on occasion, overrule actions of popular elected representatives if those actions are “unwise” or “unconstitutional”
Judicial Restraint: Judges should defer to officials in legislative and executive branches, because they are more politically responsible to the voters
37. What happens if no presidential candidate receives a majority of electoral votes? (This is not common, however) House of reps would vote on President
38. What was John Marshall’s basic philosophy of judicial nationalism? Advocated strongly Federalist and nationalist views before the Supreme CourtFederal government to have more power over the states (authoritative role of SC)
Supported advanced principles such as popular sovereignty/supremacy of Nat’l gov
Read the constitution BROADLY
39. What does the Constitution specifically require for becoming a federal judge? Article III does not set any qualifications for judges of the United States courts. As a legal matter judges are not even required to be lawyers.
While Articles I and II also set forth the method of election of the president and members of Congress, Article III does not mention the selection of judges.
The president appoints judges with the advice and consent of the Senate, and this process is defined in Article II, section 2 under presidential powers.
40. What is an amicus curiae brief?
Latin for "friend of the court."
A person or group who is not a party to a lawsuit, but has a strong interest in the matter, will petition the court for permission to submit a brief in the action with the intent of influencing the court's decision
41. Who wrote Federalist # 51? What is it about
“If men were angels, no government would be necessary”
Government must have power to govern, but also control itself
Ambition must be made to counteract ambition (checks and balances)
42. What are the three theories of executive power?
Constitutional/Whig Theory (Hamilton/Madison): President is limited to powers listed in the constitution
Stewardship Theory (Theodor Roosevelt): President can do anything necessary for the nation (unless prohibited by constitution)
Prerogative Theory (John Locke): Power of exec. to take action for public good (EVEN if contradicts constitution)
43. What are government corporations? 12 examples
A government corporation is a company that is owned by the government and operates with the same independence of a private business, except that the owner is the government. Government corporations usually are created in industries where a natural monopoly exists, it's vital to the infrastructure of the country, valuable natural resources are at stake, or there is a general public benefit at stake.
Ex: United States Postal Service (USPS) or Public Broadcasting Services (PBS) 44. Cases: What were the rulings and significance of:
Bush v. Gore;
Background: Presidential election is close: recount demanded in two countiesà however, constitution requires all electoral votes must be counted by midDecember
*Judicial Review to strike down a state court order that conflicts with a federal law* Results: Federal law is upheld over a SC order… only recounting two counties denies equal protection lawà BUSH WINS
Marbury v. Madison;
Background: Marbury wanted judgeship that Adams gave him, but Madison and Jefferson (new sec of state and president) wouldn’t give it to him
Is Marbury entitled to his judicial commission? YES
Do the laws of this country offer a remedy to Marbury that will get him his judicial commission? YES
If Marbury has a legal remedy, is that remedy a writ of mandamus issued by this Court? NO— case must arise under appellate jurisdiction not original
Results: Marbury does not get commission/ Judicial review becomes a thing Baker v. Carr;
Background: State of Tennessee had not redrawn district lines since 1901. Massive differences in size of districts. State legislature refuses to reapportion the state. Citizens filed civil suit claiming denial of equal protection of the law.
Is drawing of district lines a “political question” left to legislatures or a matter in which Courts should become involved?
Results: Equality in representation is required by the Constitution. “One person, one vote” City of Boerne v. Flores
Background: Congress passes Religious Freedom Restoration Act in 1993, requiring any government to prove a “compelling interest” when it imposes any burden on the free exercise of religion. Congress passed RFRA to overturn the Supreme Court’s decision in Oregon v. Smith (1990)
City of Boerne Historical Commission denies permission for the Roman Catholic diocese to add a new addition to the existing church because it is located in a Historical District.. Results: The RFRA is unconstitutional as it applies to the states.
Youngstown Sheet and Tube v. Sawyer;
Question: Can Pres. Truman order the seizure of entire steel industry to prevent a strike by workers because he considers it to be a national emergency?
Answer: No. Congress had passed TaftHartley Act which denied President this power and ordered the use of a court injunction to stop a strike.
As a result, Truman’s actions are illegal.
The President may not act contrary to the expressed will of Congress in domestic affairs.
Korematsu v. US;
Question: May the President and Congress authorize military zones and detention of all JapaneseAmericans during wartime?
Answer: Congress and the president have the authority in wartime to segregate those who might pose “a menace to the national defense and safety.”
Result: Upheld military exclusion orders and detained thousands of Americans of Japanese ancestry for several years.
U.S. v. Nixon;
Question: Can Pres. Nixon refuse to turn over tapes of White House conversations to a federal district court for upcoming trials because he claims Executive Privilege?
Answer: No. The Presidential claim of Executive Privilege must be balanced against a legitimate need for the information in ongoing judicial proceedings.
Nixon’s claims of separation of powers and a need for confidentiality in decision making were insufficient to justify withholding of the tapes.
Outcome: Tapes show Nixon’s involvement. He resigns.
Clinton v. NY;
Background: Congress passes law creating the the Line Item Veto. Clinton uses it to cutout millions of dollars of spending from a bill. LineItem veto is used by governors in numerous states as a way of cutting spending.
Question: Is the lineitem veto constitutional?
Answer: No. Violates the separation of powers. Constitution requires that President must accept the whole bill or none of it.
Clinton v. Jones;
Background: Paula Jones claims Bill Clintonsexually harassed her before he was President. Lawyers want Clinton to have to testify in the case.
Question: What remedies are available against a sitting President for actions allegedly committed prior to entering office?
Answer: President is not completely immune from cooperating with authorities in a legal matter. He may not be compelled to testify,but he must cooperate on his own terms.
U.S. v. CurtissWright Export Corporation;
Question: May the President take actions in foreign affairs that are not specifically found in the Constitution:
Answer: Yes. The President possesses “Inherent Powers”:
Congress must accord the President a degree of discretion and freedom from statutory restriction which would not be admissible were domestic affair salone involved. …we are here dealing with … the very delicate, plenary and exclusive power of the President as the sole organ of the federal government in . . .international relations.
Hamdi v. Rumsfeld,
Hamdi, a US citizen, is captured in Afghanistan, sent to Gitmo, then to US and held as “enemy combatant.”
Question: Does Constitution require Hamdi be given basic rights of due process? Ruling: War is not a “blank check” for the President when it comes to the rights of citizens. Hamdi is entitled to challenge his classification: must receive notice of the factual basis and opportunity to rebut the charges.
Hamdan v. Rumsfeld;
Question: Can “enemy combatants” at Gitmo be put on trial before military tribunals under existing federal law?
Answer: No. 53 Court says that Habeas Corpus cannot be suspended except in case of domestic invasion. Due process guarantees apply to those held in American custody.
Boumediene v. Bush
Question: Do detainees have a constitutional right to challenge their detention in civilian courts? Answer: Yes. 54 majority holds that the President does not have the authority to imprison a person and deny them the right to challenge their imprisonment.
Justice Kennedy: “Few exercises of judicial power are as legitimate or as necessary as the responsibility to hear challenges to the authority of the Executive to imprison a person. The Framers decided that Habeas Corpus, a right of first importance, must be a part of that law.
45. What are major sources of revenues for U.S. government? Major expenditures? Income taxes, Social Retirement taxes, Corporate Income Tax
Military/National Defense, Social Security, Income Security, Medicare/Medicade & Health 46. Which case involved “political questions?
Baker v. Carr—drawing district lines up to legislature of matter of courts: equal protection of law even if it involves a political question (according to constitution), but must excersize constitutional interpretation
47. What is “standing to sue?”
Ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case.
48. Has any U.S. President not been elected either President or VicePresident? General Rudolf Ford
49. Which case involved the TaftHartley Act? Which case involved the Religious Freedom Restoration Act?
TaftHartley Act (denies president power to seizure) Youngstown Sheet and Tube v. Sawyer Religious Freedom Restoration Act City of Boerne v. Flores
50. Theodore Roosevelt’s theory of presidential power?
“The interpretation of the laws is the proper and peculiar province of the courts. A constitution is . . . and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning. .
The authority, therefore, given to the Supreme Court by the act . . . to issue writs of mandamus to public officers appears not to be warranted by the Constitution.
Marbury vs. Madison
When the exercise of religion has been burdened in an incidental way by a law of general application, it does not follow that the persons affected have been burdened any more than other citizens . . .
Boerne vs. Flores
Of course, the mere fact that the suit seeks protection of a political right does not mean it presents a political question.
Baker v. Carr
“But the great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others. . . . Ambition must be made to counteract ambition.”
Federalist No. 51
“Even though “theater of war” be an expanding concept, we cannot with faithfulness to our constitutional system hold that the Commander in Chief of the Armed Forces has the ultimate power as such to take possession of private property in order to keep labor disputes from stopping production.”
Youngstown Sheet and Tube co. v. Sawyer
“Absent a claim of need to protect military, diplomatic, or sensitive national security secrets, we find it difficult to accept the argument that even the very important interest in confidentiality of Presidential communications is significantly diminished by production of such material for in camera inspection . . .
US v. Nixon
“If there is to be a new procedure in which the President will play a different role in determining the final text of what may “become a law,” such change must come not by legislation, but through the amendment procedures set forth in Article V of the Constitution.” Clinton v. New York
Congress must accord the President a degree of discretion and freedom from statutory restriction which would not be admissible were domestic affairs alone involved. …we are here dealing with … the very delicate, plenary and exclusive power of the President as the sole organ of the federal government in . . . international relations.
US v. Curtiss Wright Export Co.
We hold these truths to be selfevident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
Declaration of Independence
Each state retains its sovereignty, freedom, and independence, and every power . . which is not by this Confederation expressly delegated to the United States . .
Articles of Confederation
Congress relied on its Fourteenth Amendment enforcement power in enacting the most far reaching and substantial of RFRA’s provisions, those which impose its requirements on the states . . .
City of Boerne v. Flores
In most cases, comity and respect for federalism compel us to defer to the decisions of state courts on issues of state law. . . But there are a few exceptional cases . . . This is one of them. Bush v. Gore
These are the considerations justifying a presumptive privilege for Presidential communications. The privilege is fundamental to the operation of Government and inextricably rooted in the separation of powers under the Constitution.
US v. Nixon (1974)
We therefore hold that a citizendetainee seeking to challenge his classification as an enemy combatant must receive notice of the factual basis for his classification, and a fair opportunity to rebut the Government’s factual assertions before a neutral decision maker Hamdi v. Rumsfeld (2004)