Exam #3 Flashcards
(90 cards)
1
Q
Why are the state governments intimatley linked to rights
A
- reminds the states where their power hits
- States have a bill of rights
2
Q
What is the Bill of Rights attached too?
A
The state constutions and the constutions
3
Q
What are the three kinds of constitutional rights
A
natural rights, legal rights, political rights
4
Q
what are natural rights
A
rights you are born with
5
Q
what are legal rights
A
particular protections
6
Q
what are political rights
A
particular rights we have as citizens
7
Q
A
8
Q
What type of government was the national bill of rights
A
limited government
9
Q
what is a limited gov
A
gov with particular aimms attached to it
10
Q
Do states have a bill of rights
A
yes
11
Q
Why do states have a bill of rights
A
reminds the states where their power hits, their rights
12
Q
what is the Bill of rights attached too
A
state constutions and the constution
13
Q
What are the three kinds of constutional rights
A
natural rights, legal rights, political rights
14
Q
what are natural rights
A
rights your born with
15
Q
what are legal rights
A
particular protections
16
Q
what are political rights
A
particular rights we have as citizens
17
Q
How are natural rights played out
A
by being linked to both legal and political
18
Q
What does wilson argue about natural rights/BOR
A
it limits the rights to the ones on the bill only
19
Q
What does Jefferson argue about natural rights/BOR
A
necessary because it protects specific natural rights
20
Q
What is the danger on writing the rights out
A
tells the gov that they can act up to certain points, and changes the governmental game
21
Q
Does Marshall think that the fifth amendment applies to the states?
A
nope thinks they don’t apply
22
Q
Hurtado v. Cali (1884)
A
shows the difficult of incorropration
about weather 5th amend. allows for all states to have a grand jury in order to charge for murder
23
Q
Barron V. Baltimore (1833)
A
- ## Court is tasked with the fifth amen.
24
Q
What was the first national plan
A
- 1787, ntional powers can be used for slavery
25
What states wanted to keep slaves
N/S carolina and georgia
26
What is section 9, art 14 about?
-Constutional Structure
27
Section 9 art. 6 says?
- External matters and internal matters and rightd granted
28
What do external matters deal with
international and federal territories and trade
29
What do internal matters deal with
states, domestic
30
Why did they start trading slaves
they thought they could fix the debt issues
31
Were slaves and the states listed in the constution
the states were not, nor was slave. Carolinas and georgia wanted protection so they were gonna say slaves but went with persons
32
Who said that they were going to say persons and the states
Gov. Morris
33
What was the Northwest Ordinance about
founding perspective, national powers and interal/external concerns
34
What was Cheif Justice Taneys views on Citizenship
1. What citizenship meant at the founding, like ancestory
2. Public opinion at founding, "personhood"
35
What is the importation clause
It prevented Congress from banning the slave trade before 1808.
States could continue importing enslaved people until that date.
36
What is the Fugitive slave clause
Required that escaped enslaved people who fled to free states be returned to their enslavers.
Prevented free states from using their own laws to protect escaped slaves.
37
Who linked the ideas of national and state citizenship
Judge Curtis
38
How many states granted citizenship and extended the right of sufferage
5 states
39
What was Lincolns view with Dred Scott v. Standford
public opinion, principle of equality and that the states are making advances but they can still go backwards
40
What amedments worked together to change slavery in the constution
13,14,15
41
what is the 13th amedment
no slavery or involentary servitude (individual level)
42
What is the 14th amendment
Imp. for segregation and gives citizenship for those who are born or naturalized, linking state and national citizenship. (on the states)
43
How was state and national citizenship done
though...
1. Privilegde and immunities clause
2. Due process clause (builds out to defend liberty)
3. Equal protection clause
44
What is the 15th amend.
ensures voting rights, the same given to all despite color, previous condition of servitude (individual)
45
Plessy V. Furguson
-1896
- Test case
- Plessy was denied a set on a railway car
46
Why was plessy v. furguson a test case
because plessy is biracial so he was challenging the Lousianna laws
47
What was the argumet of plessy v. furg.
That it goes against the 13, 14, 15 amendment
SCOTUS did not accept this argument as inferiority is outside legal equality
48
What amend. lead segregation to a badge of inferiority
13th
49
What was the equal and protection question
can states treat ppl diff due to race
50
What does the Justice say about being equal
Says you can be seperate but equal
51
What doctrine did P v. F establish
The Seperate but equal doctrine
52
What stops seperate but equal from holding
Brown v. Board of Edu (1954)
53
How many times does brown v. board of edu go to court
three times
54
Who declares that seperate but equal cannot hold and why
Justice Warren because edu is different the government goods, brings inferiority feeling to childen
55
Who was the head of political party the federalist party
Hamilton
56
Who was the head of political party the Jeffersonian party
Thomas Jefferson
57
What do political parties lead
- Era of Good Feelings
- Democratic republicans
58
What was alexis's thoughts on political parties
they were inspiring/directing political actors to work/act in particular way
59
What was Washington's thoughts on political parties
Parties led to un-unity, jealousy and endanger constutional life
60
Who was Alexis
French lawyer who came to look at american prisons to reform prisons
61
what do parties must have to be a party
must be opinion based
62
What are Great parties based on
based on principles (liberty and equality)
63
What are minor parties based on
"ego", focused on quick actions to support aims of individual politicians
64
What are the dangers that threaten constitutional order
Geographical distinctions and constitutional interperation
65
What are geographical distinctions
cant have sectional divide
66
what are constutional interpretations
great danger on making parties based on interpretation
67
What are the problems with dem gov
1. Constant campaning
2. Popular and section appeals
3. Smal majorities
4. NO effective policy making
68
Party platform based on principle
clear and public-ppl know them and can best choose for themselves
69
What does Van Buren think parties are for
organizing popular thought
70
What does the EC allow for
large body to make choices by breaking into smaller groups to let everyone be heard
71
What does the EC prevent
cabal, intrigue and corruption
72
What would happen if congress chose president
cabal and corruption
73
What would happen if the ppl chose president
chaos and intrigue
74
What is the first class of presidents
men of admin, largeness of view, dignity of character
75
What is the second class of presidents
mere politicians or military heros
76
What is the third class of presidents
more then mere politicans, want to make a difference
77
Who thought of presidential classes
Bryce
78
According to Bryce what is the number one thing a president needs
electability, parties prefer a safe option over new and good ones
79
what are the checks and balances for shared powers
treaty-making, appointments and war powers
80
Treaty-making:
The President negotiates treaties, but the Senate must ratify them with a 2/3 vote.
81
Appointments:
The President nominates federal judges and officials, but the Senate confirms them.
82
War Powers:
Congress declares war, but the President commands the military.
83
What are the checks and balances for limiting power
impeachment, judicial review, power of the purse and veto
84
Impeachment (Legislative → Executive/Judicial):
- House votes to impeach
- Senate holds the trial and votes to remove
85
Judicial Review (Judicial → Legislative/Executive):
The Supreme Court can declare laws or executive actions unconstitutional.
86
Power of the Purse (Legislative → Executive):
Congress controls federal spending, limiting executive actions.
87
Veto
- The President can veto laws passed by Congress.
- Congress can override with a 2/3 vote in both chambers.
88
Term length of a U.S. Senator
6 years (no term limit)
89
Term length of U.S. Representative (Congressman)
2 years (no term limit)
90
Term length of President
4 years (limited to 2 terms by the 22nd Amendment)
