Test 1 Flashcards
(51 cards)
Definition of a Constitution
A document with a body of fundamental principles and/or established precedents according to which a state is governed
Definition of Constitutional Law
The body of court decisions applying the provisions and principles of the Constitution to controversies over powers and protections
What was the first written Constitution
The Magna Carta
What type of charters are the precursors to our state and federal constitutions
Colonial Charters
What was the first written Constitution for the U.S
The Articles of Confederation
Why were the Articles created
As a reaction to the unitary system used in Britain, in which all of the power and sovereignty is vested in the central government
What kind of legislature was Congress under the Articles
Unicameral Legislature
Was each state sovereign under the AOC
Yes
How many votes did each state have in Congress
One
How many states were necessary to pass a law
Nine
How many states required to Amend
13
Was there an executive or judiciary under the AOC
No
Three problems with the AOC
1) No power to tax
2) No power to regulate commerce
3) States conducted their own trading
5 divisions at the Constitutional convention
1) Regional
2) Size
3) Economy
4) Ideology
5) Slavery
Virginia Plan
Sovereignty vested in the people, representation based on population
New Jersey Plan
Gives each state one vote of representation in congress
Connecticut Plan
The great compromise, a bicameral legislature, legislation must satisfy both big and small states
5 principles of American constitutionalism
1) Popular sovereignty
2) Limited government
3) National Supremacy
4) Rule of Law
5) Individual Liberties
What are 4 checks on Judicial power
1) Congress has some authority to alter the jurisdiction of federal courts
2) Congress can propose constitutional amendments that, if ratified by the States, can effectively reverse judicial decisions
3) Congress can impeach and remove federal judges
4) President (with the advice and consent of the Senate) appoints federal judges
Name the 4 types of cases that the Supreme Court hears
1) Cases arising under the Constitution, federal laws and treaties
2) Cases in which the US is a party
3) Admiralty and Maritime cases
4) Disputes between states, citizens of different states, and foreign nationals
Definition of Judicial Review
Judicial review is the power of a court to decide whether a law or other action violates the constitution and to overturn it
What case established Judicial Review
Marbury v. Madison
What has been the long term effect of Marbury v. Madison
Allows the Court to have the final say in what the Constitution means
What was the first bill considered by the Senate
Judiciary Act of 1789
