Questions and Answers
What is the primary purpose of the Constitution and how is it achieved?
The primary purpose of the Constitution is to establish a central government authorized to deal directly with individuals and to incorporate a system of checks and balances that limits government power. This is achieved by separating power between the federal government and states and through the branches of government.
What were some states' reasons for reluctance to accept the Constitution, and how was this issue remedied?
Some states were reluctant to ratify the Constitution due to debates over how strong the central government should be. This was remedied by Federalists compromising and creating a Bill of Rights to protect individual liberties.
What is the basic purpose of the American legal system and why is American law described as a living law?
The basic purpose of the American legal system is to ensure fairness in balancing individual and societal rights and needs while preventing excessive government power. American law is a living law because it can change along with society.
What are the similarities and differences between consensus and conflict theory?
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In the supremacy clause, the ______ declared itself to be the supreme law of the land.
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A _____ is a system of basic laws and principles that establishes the nature, functions, and limits of the government or other institution.
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Which amendment do you believe is the most important and which is the least important? Justify your answer.
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Stare decisis is a common law doctrine requiring that ______ set in one case shall be followed in all cases having the same or similar circumstances.
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As a term in American law, common law is synonymous with _____ law.
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_______ describes the authority of a court to hear cases first, try them and render decisions.
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What are the two schools of thought regarding the purpose of the criminal justice system?
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Early English judge-made law, based on customs and traditions that were followed throughout the country, is known as ______.
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Courts that may hear a wide range of cases have ______ jurisdiction.
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Local jurisdictions, such as at the county or municipal level, may enact their own specific codes, often referred to as ________.
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Courts with general jurisdiction may hear a wide range of cases, whereas those of _______ jurisdiction hear a much narrower range of cases.
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The _____ was established vertically through the separation of power between the federal government and the states, and laterally through the three branches of government.
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Study Notes
Constitution and Its Purpose
- The Constitution establishes a central government that interacts directly with individuals instead of states.
- It incorporates checks and balances to limit government power.
- Power is separated between federal and state governments, and among different branches (executive, legislative, judicial).
Ratification Concerns
- Some states were hesitant to ratify the Constitution due to disagreements over the strength of central government.
- Federalists supported a strong central government; anti-Federalists favored a weaker government.
- The introduction of the Bill of Rights by Federalists helped assuage concerns regarding individual liberties.
American Legal System
- Aims to balance individual rights with societal needs, preventing excessive governmental authority.
- American law is considered a "living law," able to adapt as society changes.
Consensus vs. Conflict Theory
- Consensus theory views laws as expressions of societal values and shared morals, requiring some personal freedom concessions for social benefit.
- Conflict theory posits laws are designed to maintain power for the dominant class, often at the expense of marginalized groups.
Supremacy Clause and Constitution Definition
- The Constitution is deemed the supreme law of the land according to the supremacy clause.
- A constitution is defined as a system of basic laws and principles that outline the government's nature, functions, and limitations.
Bill of Rights
- The first ten amendments to the Constitution were adopted in 1791 to protect individual rights.
- The First Amendment is often considered the most crucial due to its guarantee of fundamental rights; the Third Amendment is viewed as less relevant in modern times.
Legal Doctrines and Terminology
- Stare decisis refers to the doctrine requiring precedent set in one case to be followed in similar circumstances.
- Common law is synonymous with case law as it develops through judicial decisions.
- Original jurisdiction describes a court's authority to hear a case first and deliver judgments.
Criminal Justice System Models
- The Crime Control Model prioritizes efficiency, presumes guilt, and treats justice as an assembly line process.
- The Due Process Model emphasizes individual rights, presumes innocence, and views justice as an obstacle course that must ensure fairness.
Historical and Jurisdictional Concepts
- Early English common law was based on customs and precedent, shaping the legal framework.
- Courts with general jurisdiction can hear a broad range of cases, while those with limited jurisdiction handle a narrower scope.
- Local jurisdictions can create their own ordinances to govern specific areas, reflecting community needs.
Separation of Powers
- The separation of powers is established vertically between federal and state governments, and laterally among the three branches to provide a system of checks.
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Description
Test your understanding of the primary purpose of the Constitution in this week 1 quiz. The quiz covers how the Constitution establishes a central government and incorporates a system of checks and balances. Challenge yourself with key concepts and terminology associated with constitutional law.
