SCOTUS Cases
The process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary.
What is judicial review? (Marbury v Madison)
Article 1 section 8 summary
specifies the enumeratred powers of Congress in great detail + necessary and proper clause
Explain Marijuana legalization and the conflict
The states cannot be prohibited from liberalizing their own laws and cannot be compelled to help the federal government enforce its own marijuana laws. But neither can the states protect their citizens from the threat of federal enforcement or the collateral consequences of federal marijuana prohibition.
Who was Daniel Shays and why did he rebel? What did his rebellion do?
Daniel Shays was a poor veteran farmer who was angry at the government for the hig taxes, debt collection practices, and for not being payed for his service. His rebellion showed how weak the federal government under the Articles of Confederation was, since there was no army and the government couldn't raise money for one through taxes.
This Enlightenment concept in the Declaration of Independence states that government power comes from the people.
What is popular sovereignty?
What and why was the decision for US v Lopez?
Lopez, ruled (5–4) that the federal Gun-Free School Zones Act of 1990 was unconstitutional because the U.S. Congress, in enacting the legislation, had exceeded its authority under the commerce clause of the Constitution.
How did the 14th amendment take power from states?
Yes, the 14th Amendment to the United States Constitution expanded federal power and reduced state autonomy. The 14th Amendment's Equal Protection Clause, for example, protects citizens from state laws that abridge their rights, and has been used to invalidate state laws that violated civil rights.
Explain issues with Paris Agreement
Government entered through Obama executive order, not congress. Applied national restrictions, but then Trump left the agreement, but states like California kept the requirements. Caused conflict between state protocols versus national levels allowed.
Who was James Madison and what 2 documents did he write? What were their purposes/ arguments?
James Madison was a federalist founding father and the 4th president of the United States. He wrote Federalist 10 and the Consitution. Main argument of fed 10 was that a strong federal government can protect liberty because it guards against the dangers of factions. Constitution set up governmnet, creating republican democracy and 3 branch political system.
The phrase "life, liberty, and the pursuit of happiness" in the Declaration echoes this Enlightenment thinker's ideas on natural rights.
Answer: Who is John Locke?
Who is John Locke?
What was the decision for McCulloch V Maryland?
The court decided that the Federal Government had the right and power to set up a Federal bank and that states did not have the power to tax the Federal Government. Marshall ruled in favor of the Federal Government and concluded, “the power to tax involves the power to destroy."
Why was 10th amendment ratified?
The Tenth Amendment to the United States Constitution was passed to address concerns that the new national government might exercise powers not granted to it, and to confirm that powers not granted to the federal government are reserved for the states or the people
Explain the issues with No Child Left behind policy
States thought the goals were unrealistic and they weren't helped enough to fulfill the goals, they thought low income areas were unfairly punished by act, they thought the law's sanctions against schools that didn't meet the requirements were unfair, and it was federal overreach and took power from states.
Locke V Hobbes state of nature
Locke views the state of nature more positively and presupposes it to be governed by natural law. He differentiates the state of nature from the state of war, unlike Hobbes who conceives the state of nature per se as equivalent to the state of war.
This Enlightenment principle, found in both documents, ensures that no single branch of government becomes too powerful.
How is checks and balances observed in Marbury v Madison?
How is elastic clause related to congress implied powers? In what case is it used?
The "Elastic Clause," also known as the "Necessary and Proper Clause," is directly linked to Congress's implied powers because it allows Congress to enact laws that are deemed "necessary and proper" to carry out its enumerated powers, essentially granting Congress additional powers not explicitly listed in the Constitution; this is the basis for the concept of implied powers.
Explain federalism in Lopez v US and how situation was fixes
The Supreme Court ruled that Congress had exceeded its constitutional authority under the Commerce Clause when it passed a law prohibiting gun possession in local school zones and that states. Lopez's conviction was overturned and the the new law requires prosecutors to prove that the gun used in a crime moved in interstate or foreign commerce.
What's Brutus No. 1? What's main argument?
Brutus No. 1 is a series of essays written by Robert Yates, a New York judge who was opposed to the new U.S Constitution. Argued that the proposed Constitution would usher in a consolidated national government, and that this was an error likely to lead to disaster. * Supremacy clause andelastic clause would give federal government too much power at the expense of the states.
The Constitution's system of checks and balances was influenced by this French philosopher's idea of preventing tyranny.
Who is Montesquieu?
Reasoning for McChulloch V Maryland decision
The Supremacy Clause of the U.S. Constitution establishes that the U.S. Constitution and federal laws are “the Supreme Law of the Land.” As such, states cannot impose sales tax on the federal government.
An amendment may be proposed by a two-thirds vote of both Houses of Congress, or, if two-thirds of the States request one, by a convention called for that purpose. The amendment must then be ratified by three-fourths of the State legislatures, or three-fourths of conventions called in each State for ratification.
What are police powers? Who has them? Give examples.
Police powers are powers to create and enforce laws on health, safety, and morals. States have them. States fund and operate hospitals and clinics. Law enforcement is predominatly composed of state personell. States can put their own laws on speed limits, seat belts, and smoking in public places.
English philosopher, father of liberalism, "Life, liberty, property". John Locke's political theory directly influenced the U.S. Declaration of Independence in its assertion of natural individual rights and its grounding of political authority in the consent of the governed. Natural law says individuals have a duty to respect the property (and lives and liberties) of others even in the state of nature.
This Enlightenment concept, implicit in the Constitution's structure, suggests that people give up some rights to the government in exchange for protection and order.
What is the social contract?