Test 1 Flashcards
(33 cards)
1
Q
- The first three articles of the US Constitution deal with what?
A
Executive, Legislative and Judicial Branches
2
Q
- According to author Jaffe, President Lincoln believed what about American democracy?
A
All men are created equal and slavery was an inherited evil
3
Q
- US Supreme Court dismissed a challenged to a ‘birth control law’ in CT why?
A
Ripe for review which means the case got to the court too early
4
Q
- Marco DeFunis was denied admission into Washington Law School his case was dismissed why?
A
The case was moot, it got to court too late.
5
Q
- Congress has what kind of powers in domestic and foreign affairs?
A
enumerated powers
6
Q
- What is Lincoln’s Ballots and Bullets argument?
A
settle by vote or end up in a war
7
Q
- Which case established ‘judicial review”?
A
Marbury v Madison
8
Q
- Chief Justice Marshall’s ruling in Marbury v Madison was attempt at what?
A
Original Jurisdiction
9
Q
- The authority to hear a case for the first time is called what?
A
Original Jurisdiction
10
Q
- Justice Taney’s ruling in the Dredd Scott case is an example of what constitutional approach?
A
Original Intent
11
Q
- What is the reason why Marbury v Madison important?
A
It established Judicial Review
12
Q
- Tinker v DesMoines is a case in which high school students were suspended from school for wearing black arm bands protesting the Vietnam War. This is an example of what?
A
Standing to Sue
13
Q
- What is the term for how the Court limits its own power?
A
Internal Restraints
14
Q
- A case that gets to the US Supreme Court too late or has been resolved is known as what?
A
Moot
15
Q
- Who would support implied powers of Congress?
A
federalist
16
Q
- In Tinker v DesMoines, the high school students wore black arm bands to school in protest of the Vietnam War. What threshold requirement is this an example of?
A
standing to sue or Suffer an actual injury
17
Q
- Is ‘standing to sue” an external restraint on the court?
A
no
18
Q
- Is ‘standing to sue” an external restraint on the court?
A
no its internal
19
Q
- What is the worst example of judicial review by the court?
A
Dredd Scott Case
20
Q
- Did Justice Taney state that slaves were to be included in the Declaration of Independence?
A
yes
21
Q
- The Dredd Scott case overturned the “Missouri Compromise”. This is an example of what?
A
Appellate Jurisdiction
22
Q
- A Federalist, like Alexander Hamilton, believed in what kind of interpretation of the US Constitution?
A
loose
23
Q
Appellate Jurisdiction
A
is the power of a higher court to review decisions and change outcomes of decisions of lower courts
24
Q
Original Jurisdiction
A
the power to hear a case for the first time
25
Judicial Restraint
judicial interpretation that encourages judges to limit the exercise of their own power
26
Judicial Activism
rulings suspected of being based on personal or political considerations rather than on existing law
27
Threshold Requirements
the individual doctrines the court considers in any law suit before they will hear a case
28
Loose Constructivist
loose interpretation of the constitution
29
Strict Constructivist
strict interpretation of the constitution
30
Original Intent
The theory of interpretation by which judges attempt to ascertain the meaning of a particular provision of a state or federal constitution by determining how the provision was understood at the time it was drafted and ratified
31
Internal Restraints
Self imposed doctrines that the court uses to maintain juducual restraint. Checks and balances limit juducual power but the court also implements its own rules in order to maintain judicial restraint.
32
Commerce Clause
Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.”
33
Necessary and Proper Clause
Often called the “elastic clause,” the necessary and proper clause simply states that Congress has the power, “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”
