Exam 1 Flashcards

1
Q

habeas corpus

A

check on unlawful imprisonment

can be suspended temporarily in the event of insurrection (ex: Lincoln during civil war)

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2
Q

The Virginia Plan

A

Madison used Randolph to kill the Articles of Confederation and introduce the VA Plan

  • bicameral (lower house elected by people, upper chosen by lower)
  • “national executive” chosen by legislature
  • ‘national judiciary” chosen by legislature
  • large states preferred VA plan
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3
Q

New Jersey Plan

A

Patterson

  • unicameral with equal representation
  • more than one person as executive, chosen by legislature
  • supreme court chosen by executive
  • smaller states preferred NJ plan
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4
Q

Connecticut Plan (Great Compromise)

A
  • Bicameral
  • -lower- HoR, elected by people, 2 year terms, population based
  • -upper- Senate, equal (2/state), 6 year terms, state legislature (until 1914)
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5
Q

Three-fifths Compromise

A

Slave owning states wanted slaves to be counted as a whole person (like a white man) for tax and representative purposes. Non-slave owning states did not want to count slaves at all. Eventually they compromised at 3/5 which satisfied the south

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6
Q

Amendment Process (article 5)

A
  1. Congress (2/3 both houses)> states (3/4 of states)

2. 3/4 states>congress (2/3 each)

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7
Q

Constitutional powers of Senate

A
  • Convict during Impeachment
  • Advice and consent
  • 6 year terms, 1/3 is up for re-election every 2 years
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8
Q

Constitutional powers of House

A
  • power of the purse
  • Impeachment
  • 2 year terms
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9
Q

Constitutional powers of the President

A
  • commander in chief
  • appoint government officials
  • enter into treaties (congress approves)
  • 4 year terms (initially no # of term limit)
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10
Q

Criteria for Presidential Impeachment

A

treason
bribery
other high crimes and misdemeanors

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11
Q

Checks and Balances

A

-president may veto law passed by congress which can then by overridden by a 2/3 majority vote in both houses

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12
Q

Cycles of political system

A

supports, demands, outputs, feedback

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13
Q

Democracy

A

given by the Greeks

ruled by the people

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14
Q

Politics

A

nothing more than pursuit and exercise of power
government, democracy, and power come together in politics
possession and distribution o power

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15
Q

Republic v. Democracy

A
republic= constitution of rights to the individuals
democracy= majority can impose its will on minority
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16
Q

Natural Rights & Social Contract

A

all individuals are born with inalienable rights

the thought people would give up a few things to live in a civil society

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17
Q

Magna Carta

A

“the individual has rights the king must respect”
took away some of the king’s powers
-habeas corpus, due process

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18
Q

Mayflower Compact

A

committed the pilgrims to a body politic (civil self- government)

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19
Q

Fundamental Orders of Connecticut

A

1st written US constitution

20
Q

Articles of Confederation

A
  • unicameral congress
  • each state had one vote
  • 9/13 states for approval
  • states retained sovereignty
  • congress could not tax
  • congress powers
  • -foreign policy, declare war, court of disputes
  • problems
  • -no foreign policy, state coined their own money
21
Q

Shay’s Rebellion

A

economy bottomed out and farmers had a hard time paying back their creditors so the creditors got fed up and got the law enforcement to go to the debtors to get their payments and the farmer’s revolted by tarring and feathering the law enforcement. they also attempted to over take the armory but when it failed they ran and the militia could not do anything

22
Q

Civil Liberties

A

specific rights guaranteed by the constitution that cannot be denied to citizens by government, most are in the bill of rights

23
Q

James Madison’s role at Constitutional Convention

A

“Father of the Constitution”
he did not want the AoC, came up with the Virginia plan
persuaded Washington to attend

24
Q

George Washington’s role at Constitutional Convention

A

intervened to break up arguments and to vote on the proposed articles

25
Q

5th Amendment

A

due process
double jeopardy
right against self-incrimination (Miranda v. Arizona)

26
Q

8th Amendment

A

cruel and unusual punishment
excessive bail
death penalty (ruled over tie not cruel/unusual but few states still have it

27
Q

9th Amendment

A

unenumerated rights

28
Q

SLAPS Test

A
Serious
Literary
Artistic
Political
Scientific
value? is it obscene?
29
Q

Symbolic speech

A

flag burning, armbands to protest war (ex: vietnam)

30
Q

Factors that pushed for civil rights

A
Great Depression
World War 2
NAACP legal strategy
Cold War with U.S.S.R.
Television
31
Q

Necessary & Proper Clause

A

take actions necessary to carry out authority (ex: US mint, IRS)

32
Q

Voting Rights Act of 1965

A
  • gutted grandfather clause and literacy tests
  • banned racial gerrymandering
  • voter registration for African Americans
  • federal pre-clearance
33
Q

Women’s Suffrage

A

partial suffrage for school board elections in some states, thing changed after men returned from WW 1
1920- 19th amendment gave women the right to vote in every state

34
Q

19th Amendment

A

1920

outlawed the abrigement of the US/ any state on the right to vote by the basis of sex

35
Q

Affirmative Action

A

Bakke v Weber (1974)
-afforded colleges the ability to admit people based on sex (women) or race (blacks, etc) even if they weren’t the best candidate

36
Q

Judicial Review

A

executive or legislative actions are subject to review by the judiciary

37
Q

Incorporation

A

that the Bill of Rights was applicable to the states as well as the federal government

38
Q

John Marshall

A

dissented from Plessy v Ferguson case, wrote his opinion stating that this ruling would cause hatred between races for the different treatments based on skin color alone

39
Q

Hugo Black

A

played a large role in the incorporation of the Bill of Rights to the states

40
Q

Marbury v Madison

A

American courts have the power to strike down laws, statutes, and some government actions that contravene the U.S. Constitution

41
Q

Plessy v Ferguson

A

8-1 ruling for Ferguson
train from LA to north but was forced to sit in ‘colored’ car even though the ticket was for a much nicer car
-state sanctioned legal discrimination in states for “separate but equal”

42
Q

Griswold v Connecticut

A

no right to privacy

43
Q

Brown v Board of Ed

A

essentially nullified Plessy v Ferguson and ruled that ‘separate but equal’ was unconstitutional in an unanimous decision

44
Q

Roe v Wade

A

federally legalized abortion
7-2 ruling
many on each side agree the logic of the basis for the ruling was not sound

45
Q

John Locke

A

advanced the theory of natural rights

“all individuals are created equal with certain unalienable rights the chief of these: life, liberty, and property”

46
Q

Warrant

A

document used by a judge that allows law enforcement to search or seize items at any place that is specified

47
Q

Alexander Hamilton

A
  • Knew what he wanted

- promoted the US Constitution