Midterm

Question 0

The Petition of Rights- 1628

Answer 0

British parliament secures purse

Question 1

The Magna Carta- 1215

Answer 1

First document in England limiting king’s power

Question 2

English Bill of Rights

Answer 2

King could not suspend laws
Needed parliament’s approval to field an army
Protestants had the right to bear arms “as allowed by law”

Question 3

Mayflower Compact- 1620

Answer 3

First written framework for government in the American colonies

Question 4

England-American Divide

Answer 4

The Navigation Acts- 1651 (Salutary neglect)
The Proclamation of 1763
Forbade expansion west of the Appalachian Mountains
The Declaration of American Rights- 1774
Response to Coercive Acts (1774)

Question 5

The Articles of Confederation- 1781-1787

Answer 5

Federal government was the legislature
Every state had one vote in Congress
National government controlled external matters, states controlled internal
Congress could wage war
Congress could not regulate trade & levy taxes

Question 6

Article I- The Legislative Branch

Answer 6

Longest Article & Only branch directly chosen by the people
All revenue bills start in house & Commerce Clause
Cannot make military appropriations for more than 2 years
Necessary & Proper Clause (Elastic Clause)- allows congress to carry out enumerated powers
Ex Post Facto

Question 7

Article II- The Executive Branch

Answer 7

Natural-born requirement
Electors do not have to be chosen by the people
Power to make recess appointments when Senate is adjourned
Take Care Clause- source of much presidential power including executive orders
Impeachment procedures

Question 8

Article III- The Judicial Branch

Answer 8

Makes no mention of judicial review, although idea discussed
Supreme Court only court established by constitution
Has varied from 6-9 members & no qualification requirements
Original Intent, Textualism, & Judicial Activism
Writ of Certiorari- filed by parties in federal or state cases in which a question of federal law is involved (4 justices have to agree to hear)

Question 9

Article IV- Full Faith & Credit, Privileges, & Immunities

Answer 9

Full faith & credit- states must respect one another’s laws, recording, & rulings
Can make some exceptions (civil unions)
Privileges & Immunities
States cannot discriminate against citizens of other states without justification (Alaskan Pipeline worker controversy)

Question 10

Article V- The Amending Process

Answer 10

2/3rds of both houses or application of 2/3rds of states

Ratified by 3/4ths of state legislatures or 3/4ths of states through convention

Question 11

Article VI- Federal Supremacy

Answer 11

Federal laws must be upheld by states over state laws

Question 12

Article VII- Ratification

Answer 12

Straight forward

Question 13

McCulloch v. Maryland- 1819

Answer 13

Maryland, among other states, tax National Bank
Necessary & Proper Clause used to determine necessity of National Bank
States denied right to tax, therefore control or destroy a federal creation

Question 14

Gibbons v. Ogden- 1824

Answer 14

Gibbons & Coasting Act (federal) vs. Ogden & monopoly (state)
Federal authority over Commerce Clause

Question 15

Worcester v. Georgia (1832)

Answer 15

Native American tribes were distinct polities

Federal government is the only entity that could negotiate over land

Question 16

Prigg v. Pennsylvania

Answer 16

Personal liberty laws ruled unconstitutional

stemming from MO Compromise

Question 17

Slaughterhouse Case- 1873

Answer 17

Court narrows 14th Amendment’s Privileges & Immunities clause to distinguish between federal/state rights and Bill of Rights not incorporated into amendment

Question 18

United States v. Reese- 1876

Answer 18

Two election inspectors charged w/ infringement of voting rights
Conviction appealed all the way to Supreme Court
Overturned as not direct violation of wording in 15th Amendment
Opens door to voting restrictions like literacy tests & grandfather clauses

Question 19

United States v. Cruikshank- 1876

Answer 19

Clauses in 14th Amendment must be protected/enforced by state, not federal government

Question 20

Civil Rights Cases- 1883

Answer 20

Designed to forbid discrimination in hotels, restaurants, etc…
13th Amendment did not bar prejudice
Congress had no authority to deal with private discrimination

Question 21

Plessy v. Ferguson (1896)

Answer 21

Railroad car segregation

Question 22

Lochner v. New York (1905)

Answer 22

Liberty of contract influenced by Laissez Faire economics

Sets precedent against state intervention in the workplace

Question 23

The Limitations of the First Amendment

Answer 23

Schenk, Debs, Abrams, Gitlow

Question 24

Ozawa & Thind

Answer 24

Race & Supreme Court

Question 25

West Coast Hotel v. Parrish

Answer 25

Upheld legality of minimum wage

Notable turn in Lochner Era

Question 26

Flag Cases

Answer 26

U.S. v. Carolene (opens door w/ footnote for following)
Minersville v. Gobitis
West Virginia BoE v. Barnette

Question 27

Internment

Answer 27

Hirabayashi & Korematsu

Question 28

Mapp v. Ohio (1960)

Answer 28

Illegal search & seizure

Court ruled in Mapp’s favor

Question 29

Gideon v. Wainwright (1962)

Answer 29

Right to public defender
Abe Fortas appointed to appeal case to Supreme Court
Court rules that 6th Amendment guarantees right to attorney

Question 30

Miranda v. Arizona (1966)

Answer 30

Right to be informed of rights
5-4 decision to overturn conviction
Court rules people must be read their rights