The Articles of Confed. & Federalism
What is the difference between federalists & anti-federalists?
federalists - wanted stronger central government
anti-federalists - wanted power to remain with the states, and feared a central government.
What branch is established by Article 1?
Legislative
How many are the number of votes for the Senate and the House of Representatives decided?
Senate = 2 per state
HOR = determined by the population of the state
What is the order in which a case is to move through the federal court system
US Dist. Court - US Court of Appeals - Supreme Court
Amendment #3
Soldiers can’t just take over your house in peace time without your permission
Amendment # 13
*No slavery it is illegal in the US
Dred Scott v. Sanford 1857
Slaves were property, not citizens. No rights.
Overturned Missouri Compromise (free states)
United States v. Nixon
1974
Executive Privilege not absolute; can’t cover up crimes! – Limits President’s power
Describe 3 positives about the the Articles of Confederation.
- states got to keep their power and independence
- gave Congress the power to create a military
- no all powerful central government
- representatives were elected for state representation
What branch is established by Article 2?
Executive
This term refers the power of the Supreme Court to decide whether or not laws violate the U.S. Constitution.
Judicial Power
What is concurrent jurisdiction?
The power of the Supreme Court to review any federal, state, or local law to see if it's Constitutional
Amendment #4
The government can’t search or take your property without a warrant or your permission. |
Amendment # 14
*If you are born here you are a US citizen. That means you have the rights and liberties that all citizens have and are protected under the law. No state can try to make laws that take these away from you.
Plessy v. Ferguson
1896
Separate but Equal constitutional; 14 amendment only required equal access to facilities, not the same facilities
Regents of California v. Bakke
1978
Colleges can’t use race as the only determining factor in admissions; Quotas violate Civil Rights Act and 14th Amendment
- No central government meant nothing got done
- large states felt under represented
- all states had to agree to pass federal laws
- congress couldn't enforce laws or collect taxes
What branch is established by Article 3?
Judicial
What year was the US Constitution written and signed?
1787
What is judicial review?
The power of the Supreme Court to review any federal, state, or local law to see if it's Constitutional
Amendment #5 & 6
5 - You can’t be tried in court for the same crime twice. You can’t be deprived of your legal rights.
You have the right not to incriminate yourself. Your property can’t be taken by the government without proper compensation
6 - You have the right to a lawyer. You have the right to speedy trial with a non-biased jury
Amendment # 15
*If you are a US citizen you can’t be denied the right to vote based on race or the fact that you were formerly a slave.
Brown v. Topeka
Board of Ed
1954
Overturned Plessy v. Ferguson
Racial Segregation violates 14th Amend. Equal Protection Clause
Swann v. Charlotte-Meck Schools 1941
Fed. District Courts could order school districts to force busing to de-segregate
Name 3 items the Constitution and the Articles of Confederation had in common.
- both created a gov., had a congress, created a military, had representative government, and wanted states to have some level of independence
What is established by Article 4?
Federalism - Dividing powers between the federal government and state governments
This term refers to the national government sharing power with state governments
federalism
How many justices are supposed to sit on the Supreme Court?
9
Amendment #7 & 8
7 - You have the right to a jury in a civil (non-criminal) trial
8 - Bail must be fair/ reasonable
Amendment # 19
*Any US citizen can vote and cannot be discriminated against because of gender.
* Women’s right to vote
Marbury v. Madison
1803
Judiciary Act is unconstitutional
Established JUDICIAL REVIEW – Supreme Court has final say in interpreting Constitution
Leandro v. State (NC)
1997
Created guidelines to defining “sound basic education”; equal access to educ, not equal funding
Name 3 items the Constitution and the Articles of Confederation differed on.
- Const has 3 branches, a president, stronger central government, bicameral congress to represent small and large states needs, the power to enforce federal laws and tax, and 2/3 of congress needs to agree to pass a law.
- one branch, states had total power, all states had the same amount of votes in congress, all states had to vote to change laws
What is established by Article 5 & 7?
5:
- In order to amend the Constitution the amendment needs to be proposed (introduced) and then ratified (passed) by 2/3 of the entire Congress.
7:
- This article discussed how to ratify or make the Constitution the law of the land (9/13 must vote in favor of ratification)
- It allowed for the Amendments (including The Bill of Rights) to the Constitution in later years.
What are the lengths of terms for each of the following:
President
Senator
House of Representatives Member
President = 4 years (2 term max)
Senator = 6 years
HOR = 2 years
Describe the 5 step process the SC uses to make a decision.
1. Lawyers from each side prepare a brief.
2. Each lawyer gets 30 minutes to present their oral arguments.
3. The justices get together and conference about the material presented. They then vote on a decision.
4. Once justice writes down the court's decision and reasoning.
5. The court reports the decision.
Amendment #9
Not all rights are listed in the Constitution, but just because it is not listed doesn’t mean you don’t have that right.
Amendment # 18 & 21
18 amendment = prohibition, so the 21st is the amendment that repeals it
Korematsu v. United States
1944
Rights may be denied during times of crisis—“emergency and peril”
Internment critical for national defense
Bethel Schools v. Frasier
1986
Schools can limit speech if it is lewd or offensive
What was the compromise that appeased both the federalists and the anti-federalists?
The Amendments to the Constitution
What is established by Article 6?
This term refers to Congress and describes how legislative power is to be shared between two bodies of authority so that one doesn't have more power than the other.
Bicameral
What is Writ of Certiorari?
An order for lower court to send its records to the Supreme Court for review
Amendment #10
The Constitution is not the only place where a citizens rights are provided. States and the citizens themselves have power to determine rights not listed.
Amendment # 26
*Voting age for US citizens is 18+ years of age
Roe v. Wade
1973
Women choice to abort in 1st trimester
State to define Abortion policies during 2nd and 3rd
Engel v. Vitale
1962
Prayer in schools is an official approval of religion, violating the Establishment Clause of the 1st Amendment