exam 1 set 2 Flashcards
(25 cards)
what is judicial review
power of a court to determine a law or government action to be unconstitutional & therefore void
what is judicial supremacy
the belief that the supreme court is the final arbiter and interpreter of law, and decisions are binding on the other branches (dminant view ever since marbury v madison)
what is original intent?
constitution ought to be expounded in light of the purpose of their framers (by intent of law giver)
what is textualism
constitution ought to be expounded upon in light of the plain meaning of its words (literal sense)
what is living constitutionalism
theory that constitution has a changing meaning that must be understood in light of changing circumstances
what is judicial restraint
the theory that courts should typically defer to the elected branches of gov to their own precedents
what is judicial activism
theory that the courts should excersize judicial review to strike down legislation where it is percieved to extend beyond their constitutional authority
what is executive privelege
president’s power to maintain confidential communications
what is executive order
instruction issued by the pres to executive subordinate regarding interpretation/enforcement of law
what was whiskey rebellion
rebellion by farmers. washington was an example of “decision, activity, secrecy, and dispatch” when he road out to the head of the army and ended the rebellion
what is energy in the executive
quality that allows the ppres to protect the rights of a person and property in both normal and extraordinary circumstances
what is stewardship theory
teddy r’s theory that the belief of the pres’s authority is limited only by the things forbidden in the constitution. a much more expansive theory
what is administrative state
where the beuracracy acts as the leader. sometimes called the 4th branch of gov
what is the executive office of the pres
collection of offices/agencies that work directly under the pres to coordinate policy implementation
what was the neutrality proclamation
washing said US will remain neutral during wars w france even after we signed a defensive alliance
explain pacificus-helvidius debate
hamilton (pacificus) said washington was allowed to make/judge treaties, and that it’s necessary
madison (helvidius) argued that granting the pres that power might limits congress’ power to declare war
what happened during the korean war (and youngstown sheet and co)
truman said “we are not at war”, but congress is the only one who can declare war. truman tried to also seize steel mills, which led to the youngstown sheet and tube co v sawyer, and the court ruled that the pres couldn’t seize private property during war
what happened during libyan campaign
nato launched bombing campaign, and obama joined w/o congressional approval, but obama said it wasn’t a war because there were no soldiers on the ground and he didn’t need congressional approval
gibbons v ogden
ruled congress’ power over interstate commerce extends to navigation on waterways since they cross state borders
marbury v madison
jefferson was elected and ordered madison not to deliver the undelivered commissions, but it was ruled that marbury has a right to the comissions, but the supreme court doesn’t have the power to write the writ
cooper v aaron
case in which court asserted judicial supremacy, and declared that the court is the law of the constitution. the problem: says constitution is supreme over all government
humphrey’s executor vs US
william humphry almost got fired by a new president (FDR) but the court ruled that simply opposing him is not enough
wickard v filburn
filburn was growing his own wheat, but the court said he can’t do that because it has an indirect effect on the economy. it expanded commerce power under the interstate commerce law
youngstown sheet and tube co v sawywer
ruled that pres does not have the right to seize property during war
