Midterm Flashcards
Dred Scott v. Sandford
-Strengthens State government.
-Slaves have no rights because they are property
-Congress doesn’t have the power to stop the spread of slavery
Gibbons v. Ogden (boat thingy)
-Strengthens National government
-Commerce Clause (powerful*)
-Supremacy Clause
McCulloch v. Maryland
Question: (1) Can the U.S Government operate its own bank? (2) Can Maryland tax the bank
Answer: (1) Yes, it’s an implied power. The government has related enumerated powers (coin money, regulate commerce). (2) No, “the power to tax is the power to destroy the supremacy clause” (UNANIMOUS)
Impact: Strengthens interpretations of implied powers. Strengthens the application of the Supremacy Clause.
U.S. v. Lopez
Question: (1)Is the application of the Gun-Free School Zones Act Constitutional? (2)Is the application of the commerce clause appropriate in this matter?
Answer: (5-4 Loss for the federal government)
Impact: Restricted federal power
Buckley v. Valeo
This determined that no limits could be placed on the amount of his or her own money a candidate spends in an election.
NY Times v. U.S.
Prior restraint. NY Times won. 1st amendment rights.
Necessary and Proper Clause
Found in Article I Section 8 of the Constitution. It gives Congress the authority to make laws that are necessary to carry out its duties.
Commerce Clause
Enumerated power that gives Congress the power “to regulate Commerce (trade) with foreign Nations, and among the several States, and with the Indian Tribes”
Articles of Confederation problems
- It required unanimous consent from the states for ratification
- Difficult to correct because any changes require unanimous approval
- Weak National Government
-Every state had their own currency
3/5 Compromise
Provision concerning slavery
Ratifying the Constitution
required 9 of the 13 states for ratification.
(Waited for NY and VA because they made up 40% of the population)
Federalist vs. Anti-federalist
Federalists supported the ratification of the constitution. Anti-Federalists prefer the articles of confederation.
Media effects
The influence of news sources on public opinion (ex. agenda setting, and framing).
Media Consolidation
refers to an ongoing process in which more and more media companies are falling into the hands of fewer and fewer owners.
Electoral College
- needs 270 electoral votes to become president.
- Problem: the popular vote winner may not get elected
1st Amendment
guarantees freedoms concerning religion, expression, assembly, and the right to petition
10th Amendment
Powers not given to the federal government and not prohibited to the states by the Constitution are reserved for the states and the people.
12th Amendment
Separates the candidates for president and vice president. (They were previously elected from the same pool of candidates)
This resulted from the tie between Aaron Burr and Thomas Jefferson in the election of 1800