American Constitutional Development
American Constitutional Development PSC 2302
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This 17 page Class Notes was uploaded by Kacie Littel on Saturday October 3, 2015. The Class Notes belongs to PSC 2302 at Baylor University taught by James Curry in Fall. Since its upload, it has received 13 views. For similar materials see /class/217923/psc-2302-baylor-university in Political Science at Baylor University.
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Date Created: 10/03/15
2712 StudyB ue Fashcard Pr ntng of exam 1 rev ew Whatwas the Revolution of 1937 JohnLocke SWEdwanlCoke Jean JacquesRousseau Whatare checks and balances examples wwwstudyb uecomlserv etprntF ash cardDeck7deckld11 44896 1 Old court struck down nearly all of FDRs first term new deal legislation 2 FDR proposes plan to increase size of supreme courts to quotprovide helpquot for older justices 3 No action by congress but FDR wins 1936 election in a landslide 4 Supreme court decisions starting in 1937 are different Second Treatise on Government State of Nature in which persons have equal rights of life liberty and property Government is necessary to mediate conflicts between individuals Government must protect rights If it abuses these rights people have right to overthrow and form a new government The Common Law limits the power of Parliament and the Monarch Argued that individuals depend upon each other The political community is necessary to fulfill inherent needs notjust to resolve conflicts Social Contract individuals agree to obey government but they make their own laws Communities can tell individuals what to do but individuals have a say eachgovt branch can check the other the judiciary branch can check on the executive branch 117 2712 Whatwas Charles Beard s main argument Whatare the individualist and communitarian theories Whatwere the key concepts in the Declaration of Independence Whatwas the Northwest Ordinance Whatwere the key weaknesses of the Articles of Confederation wwwstudyb uecomlserv etprntF ash cardDeck7deckld11 44896 StudyB ue Fashcard Pr ntng of exam 1 rev ew the constitutional convention was an economic conspiracy by an elite to safeguard their own interests at the expense of the popular majority individualists governments serve the individual less govt control communitarian governments serve human rights and communities more govt control lawsof quotnature and natures godquot naturalrights government derives its power from the consent of the governed when abuse of rights occur it is their right and duty to throw ofsuch a govt designed to provide for govt in the lands north and west of the Ohio river provided process of expansion forthe US unicameral congress in which each state had evote no permanent executive branch orjudicial branch congresshad limited power couldn39t levy taxes only use expressly delegated powers each state retains it39s sovereignty 217 2712 StudyB ue Fashcard Pr ntng of exam 1 rev ew Whatis a writ of certiorari Whatis judicial review Whoare the current members of the Supreme Court Fromwhere do appeals come to the Supreme Court Powersof both the US Senate and US House of Representatives wwwstudyb uecomserv etprntF ash cardDeck7deckld11 44896 the approval of the supreme court to hear an appeal the power of the courts to determine the validity of government acts John Roberts Antonin Scalia Anthony Kennedy Clarence Thomas Ruth B Ginsburg Stephen Breyer Samuel Alito Sonia Sotomayor Elena Kagan Federal 35 and State65 courts 1 Power to legislate 2 Power to investigate 3 Both house and senate must approve a new vice president by majority vote 317 2712 StudyB ue Fashcard Pr ntng of exam 1 rev ew Whatwas the Virginia Plan What was the Great Compromise Whatis the 17thAmendment Whatare enumerated powers What are implied powers Reserved powers Whatare the essential elements of all Constitutions according toDuchacek Whatproblem was Publius addressing in Federalist 10 wwwstudyb uecomserv etprntF ash cardDeck7deckld11 44896 Virginia Plan bicameral legislature both houses apportioned on basis ofpopulation executive branch judicial branch Great Compromise bicameral legislature house based on population senate based onstate equality 35 compromise representation based on whole number of free ppl and35 of others directpopular election of senators enumerated 17 expressed grants of congress authority from the constitution implied article I section 8 ability to make all laws which shall be necessary and proper for carrying into execution the foregoing powers reserved powers reserved soley for the states 1 preamble or statement of purpose 2 organizational chart of the govt 3 amendatory articles describing how the supreme law may change 4 bill of rights how to guard against quotfactionsquot or groups of citizens with interests contrary to the rights of others or the interests of the whole community 417 2712 StudyB ue Fashcard Pr ntng of exam 1 rev ew Whatdid the Judiciary Act of 1789 do Knowwhat these constitutional amendments did 12th2oth22 d 25th Whatis the significance of the Magna Carta Whatwas the purpose of the Eleventh Amendment Whatare the key elements of constitutionalism wwwstudyb uecomserv etprntF ash cardDeck7deckld11 44896 set supreme court size to 6 six circuit courts gave supreme courts jurisdiction to hear appeals from state courtswhen 1 State court ruled against federal law 2 State court upheld 0 12th election of the president and vice president separate 0 20th shortens lame duck period election and inauguration 0 22nd limits president to 2 terms o 25th presidential disability and succession set fundamental acts of Parliament the citizens of one state cannot sue another state against its will Limited Government The Rule of Law Fundamental worth of each individual 517 2712 StudyB ue Fashcard Pr ntng of exam 1 rev ew Whatwere the differences between Federalists and Anti Federalists Whatare the different types of opinions written by Supreme Courtjustices Whatis the supremacy clause Whatwere the main contributions of James Madison Thomas JeffersonGeorge MasonJohn Marshall Whatwere the FederalisfPapers Who wrotethem wwwstudyb uecomserv etprntF ash cardDeck7deckld11 44896 Federalists gave support to the new constitution and anti39s didn39t Majority Concurring Dissenting Per Curiam the constitutionand the laws under it shall be the supreme laws of the land James Madison Federalist 51 Thomas Jefferson Declaration of Independence George Mason bill of rights and constitution of Virginia JamesMadison Alexander Hamilton John Jay Articles that provided the best insight into the intentions of the Founders 617 2712 StudyB ue Fashcard Pr ntng of exam 1 rev ew Whatis the President s veto power Whatpowers are given to the President by the Constitution Whatare the main features of US District Courts Whatis executive privilege Whatis impeachment How does it work Which Presidents have beenimpeached wwwstudyb uecomserv etprntF ash cardDeck7deckld11 44896 able to fully veto or pocket veto Chief Diplomat Commanderin chief Chief Legislator Chief Executive 679 judgeships located in all 50 states and dc Guam puerto Rico norther marinasand virgin islands at least 1 per statetexas has 4 exercise only original jurisdiction federa trial courts use of petit and grand juries us district attorney us Marshall what president uses to refuse to divulge various types of political military or diplomatic information that they dont want the public to have EX Nixon Watergate 1 Impeachment is the only constitutional method house impeaches senate convicts 2Treason bribery or other high crimes and misdemeanors 3Presidents impeached Johnson and Clinton 4Nixon the only president to resign 717 2712 Explainthe 25thAmendment What is the order of Presidential succession Whatdetermines a states electoral votes How is a President elected Whatis judicial activism Judicial restraint Political questions Whathappens it no presidential candidate receives a majority of electoralvotes Whatwas John Marshall s basic philosophy wwwstudyb uecomlserv etprntF ash cardDeck7deckld11 44896 StudyB ue Fashcard Pr ntng of exam 1 rev ew 1 Mechanism for replacing president who becomes disabled or cant perform his duties 2 Clear line of success to the presidency vp speaker president pretempore secs of state treasury defenseattorney general presidential succession act of 1947 3Provides for appointment of new vice president when office becomesvacant Each state has electoral votes equal to its total congressional delegation Elector casts 2 votes at least one of which must be for a person from another state Candidate receiving majority of electoral votes is President Judicial restraint judges should defer to the officials in the legislative and executive branches Judicial activism judges must on occasion overrule the actions of popularly elected representatives if those actions are either unwise public policy or contrary to some particular provision of the constitution Political questions questions that courts shouldn39t get involved in due to being of a political nature House of Representatives chooses President quotJudicial Nationalismquot principles such as popular sovereignty supremacy of the nationalgovern ment authoritative role for the Supreme Court in interpreting theCo nstitution 817 2712 StudyB ue Fashcard Pr ntng of exam 1 rev ew www5tudyb uecomlserv etprntF ash cardDeck7deckd11 44896 917 2712 StudyB ue Fashcard Pr ntng of exam 1 rev ew Whatdoes the Constitution ifi llr ir for becominga federal judge Whatis the meaning of common law Whowrote Federalist 51 What is it about Whatare the 16th17thand 27thAmendments about Whatare the three theories of executive power wwwstudyb uecomserv etprntF ash cardDeck7deckld11 44896 It doesn39t specifically require anything 1 Appointed by the president 2 Confirmed by the senate 3 Removable by impeachment law that stems from court decisions handed down by judges James Madison if men were angels no govt would be needed government must have the power to govern ambition must be made to counteract ambition ALL deal with congress 16th Congress has thepower to tax incomes 17th Direct popularelection of US Senators 27th Anycongressional pay raise may not take effect until after the next election ConstitutionalNVhig Theory HamiltonMadison pres limited to powers on const Stewardship Theory Rooseveltpres can do anything country needs unless prohibited Prerogative Theory Locke power of exec to take action of public good even if opposed by lawconstitution 1017 2712 StudyB ue Fashcard Pr ntng of exam 1 rev ew Bush v Gore Marburyv Madison Bakerv Carr Cityof Boerne v Flores wwwstudyb uecomlserv etprntF ash cardDeck7deckld11 44896 Background 2000 presidential election waiting on Florida ballot issues Question Was Florida Supreme Court39s decision allowing manual recounts in 2 diff counties Outcome No Florida SC was inconsistent w federal statute req all state electoral slates to be done by DEc 12 NO RECOUNT William Marbury wanted his judgeship and tried to use the write of mandamus Jefferson told the new sec of state James Madison not to give itto him because he didn39t want more federalists in power John Marshallnewly appointed chiefjustice wanted to give marbury his commission but wasn39t able to because they deemed it unconstitutional to use that law Result Judicial Review is born State of Tennessee had not redrawn its district lines since 1937 state legislature refused to reapportion the state should courts become involved in it because it was a quotpolitical matterquot outcome they should because the constitution says there must be equal rights so there must be equal representation L Congress passes religious freedom restoration act in 1993 requiring any govt to prove a compelling interest when it imposes any burden on the free exercise of religion City of boerne historical commission denies permission for the new roman catholic diecese to add a new addition to the existing church because it is in the historical district 3 Supreme court dismissed the compelling interest standard l 1 1952 Question can pres Truman order the seizure of entire steel industrys to prevent a strike by workers because he considers it to be a national emergency Answer no congress had passed N 1117 2712 StudyB ue Fashcard Pr ntng of exam 1 rev ew YoungstownSheet and Tube v Sawyer Taft Hartley act which denied president this power and ordered the use of a court injunction to stop a strike 3 Result trumans actions are illegal The president may not act contrary to the expressed will of congress in domestic affairs wwwstudyb uecomserv etprntF ash cardDeck7deckld11 44896 1217 2712 StudyB ue Fashcard Pr ntng of exam 1 rev ew Korematsuv US U S v Nixon Clintonv NY Clintonv Jones wwwstudyb uecomlserv etprntF ash cardDeck7deckld11 44896 Background Congress passes law creating 1944 Question may the president and congress authorize military zones a detention of all Japanese Americans during wartime 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 1974 Can Nixon refuse to turn over tapes of white house recordings because he claims exclusive privileges Answer no the claim must be balanced against a legitimate need forthe information in ongoing judicial proceedings Outcome tapes show nixons involvement he resigns 1998 the the Line Item Veto Clinton uses it to cutout millions of dollars of spending from a bill Line ltem 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 Background Paula Jones claims Bill Clinton 1997 sexually 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 1 1935 1317 2712 StudyB ue Fashcard Pr ntng of exam 1 rev ew May the president take actions in foreign affairs that are not specificallyfound in the constitution U S V CUI tISSWl lght Export 2 Answeri Vest Inherent Powers corporation 3Congress must accord the president a degree of discretion and freedomfrom statutory restriction which would not be admissible weredomestic affairs alone involved 4We are dealing here withthe very delicate plenary and exclusivepower of the president as the sole organ of the federal government ininternational relations wwwstudyb uecomlserv etprntF ash cardDeck7deckld11 44896 1417 2712 Hamdiv Rumsfed Hamdanv Rumsfed Boumedienev Bush What are major sources ofrevenues for US government Major expenditures Are there limits on thePresident s power to pardon wwwstudyb uecomlserv etprntF ash cardDeck7deckld11 44896 StudyB ue Fashcard Pr ntng of exam 1 rev ew 2004 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 2005 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 2008 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 major expenditures social security defense sources of revenues power to tax individual Income and retirement no no limits beyond anyones39 question or trol Usually president uses this power right beforethey leave office debatable but cant change it 1517 2712 StudyB ue Fashcard Pr ntng of exam 1 rev ew What are some examples ofcongressional investigations What does it mean for thePresident to receive ambassadors What is the civil service What are governmentcorporations Examples powers of the house of representatives wwwstudyb uecomlserv etprntF ash cardDeck7deckld11 44896 Mcgrain vs Daughtery 1927 Watkins vs US 1957 Barenblatt vs US 1959 as chief diplomat he receives ambassadors and ministers form foreign nations government jobs system that theoretically shields federal bureacracy from partisan politics postal service amtrak 1 the source of all revenue bills 2 House has the right to impeach 1617 2712 StudyB ue Fashcard Pr ntng of exam 1 rev ew 1 Try impeachment cases 2 Advise and consent powers ratify treaties confirm appointments wwwstudyb uecomlserv etprntF ash cardDeck7deckd11 44896 1717
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