American Jurisprudence Civics Flashcards
(24 cards)
What is jurisprudence?
the theory or philosophy of law
Common sources of rules for legal profession
- Constitutions
- Judicial Decisions (Common law)
- Statutes/Codes
- Administrative Regulations
- Executive Orders and Treaties
What does Article 1 of the Constitution do?
Established Legislative Branch to make law, Commerce Clause
What does Article 2 of the Constitution do?
Established Executive Branch to Execute/Carry out Law
Article 3 of the Constitution does what?
Establishes Judicial Branch to Interpret Law
What does Article 4 of the Constitution do?
States- Full Faith and Credit Clause and Privileges and Immunity Clause
Article 5 of the Constitution does what?
How to Enact Constitutional Amendments
Article Six of the Constitution does What?
Supremacy Clause
Article 7 Of the Constitution does what?
Ratification Procedure
Bill of Rights, First Amendment?
Establishment Clause, Free Exercise Clause; Freedom of Speech; Freedom of Press; Freedom of Assembly; Right to Petition
Second Amendment?
Right to Bare Arms
Third Amendment?
Protection form quartering of troops
Fourth Amendment?
Protection from unreasonable search and seizure
Fifth Amendment?
Due process, double jeopardy, self incrimination, eminent domain
Sixth Amendment?
Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel
Seventh Amendment?
Federal civil trial by jury
Eight Amendment ?
Prohibition of excessive bail and cruel and unusual punishment
Ninth Amendment?
Protection of rights not specifically enumerated in the Constitution
Tenth Amendment?
Residual authority of state governments made explicit
What are the three functions of the United States Constitution?
- Established a strong national government with power separated into three branches
- Article I: Legislative Branch
- Article II: Executive Branch
- Article III: Judicial Branch
* This is known as horizontal division of power* - Divided power between federal and state governments
- Known as vertical organization - Protected individual rights
Describe the Check on Executive Branch
Congress can impeach the president if he or she commits a crime; Congress must confirm some appointments. Supreme Court has the power to review executive actions.
Describe the check on Legislative Branch
Congress’ bills must be signed into law by President, who may veto bills. Congress is also checked by the judicial branch. Supreme Court has the power to review any law created by Congress
Check on Judicial Branch
President selects Supreme Court Justices. The Senate must approve these choices
Hierarchy Sources of Law
United States Constitution
Federal statutes
Federal agency regulations
State constitutions
State statutes
State agency regulations
City/County charters (constitutions)
Local laws and ordinances
Local agency regulations