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Questions and Answers
What distinguishes libel from slander?
What distinguishes libel from slander?
Libel refers to written defamation, while slander refers to spoken defamation.
What is the significance of the Supremacy Clause in the U.S. Constitution?
What is the significance of the Supremacy Clause in the U.S. Constitution?
The Supremacy Clause establishes that national law is supreme over state laws.
Explain the concept of reserved powers and provide an example.
Explain the concept of reserved powers and provide an example.
Reserved powers are those not delegated to the federal government, such as the power to regulate elections.
What are Bills of Attainder and why are they prohibited?
What are Bills of Attainder and why are they prohibited?
How does Dillon's Rule affect local governments?
How does Dillon's Rule affect local governments?
What significant power did Marbury v. Madison establish for the Supreme Court?
What significant power did Marbury v. Madison establish for the Supreme Court?
What argument did McCulloch use to justify the establishment of a bank in Maryland?
What argument did McCulloch use to justify the establishment of a bank in Maryland?
What was the main ruling in Nixon v. Watergate regarding presidential privilege?
What was the main ruling in Nixon v. Watergate regarding presidential privilege?
What was the outcome of US v. Lopez regarding the Gun Free School Zones Act?
What was the outcome of US v. Lopez regarding the Gun Free School Zones Act?
Why did the Supreme Court rule against voluntary prayer in Engel v. Vitale?
Why did the Supreme Court rule against voluntary prayer in Engel v. Vitale?
What constitutional right was upheld in Wisconsin v. Yoder for Amish parents?
What constitutional right was upheld in Wisconsin v. Yoder for Amish parents?
In Tinker v. Des Moines, what was the basis for the Court's decision to protect symbolic speech?
In Tinker v. Des Moines, what was the basis for the Court's decision to protect symbolic speech?
What did the ruling in Brown v. Board of Education declare about educational segregation?
What did the ruling in Brown v. Board of Education declare about educational segregation?
What does the Writ of Mandamus require from an official?
What does the Writ of Mandamus require from an official?
Explain the principle of Stare Decisis in the judicial system.
Explain the principle of Stare Decisis in the judicial system.
What is the primary purpose of a Grand Jury?
What is the primary purpose of a Grand Jury?
Describe the significance of the Incorporation Doctrine.
Describe the significance of the Incorporation Doctrine.
What is the main focus of the PATRIOT Act?
What is the main focus of the PATRIOT Act?
How does Judicial Restraint influence judicial decision-making?
How does Judicial Restraint influence judicial decision-making?
What was the main argument in Federalist 10 regarding factions?
What was the main argument in Federalist 10 regarding factions?
What does the Exclusionary Rule entail?
What does the Exclusionary Rule entail?
What does the term 'Civil Disobedience' refer to?
What does the term 'Civil Disobedience' refer to?
Explain the role of the Solicitor General in the justice system.
Explain the role of the Solicitor General in the justice system.
What is the social contract theory and how does it relate to the Enlightenment thinkers?
What is the social contract theory and how does it relate to the Enlightenment thinkers?
Describe two differences between participatory and elite democracy.
Describe two differences between participatory and elite democracy.
What major weaknesses of the Articles of Confederation were revealed through Shays' Rebellion?
What major weaknesses of the Articles of Confederation were revealed through Shays' Rebellion?
What was the Great Compromise and why was it significant?
What was the Great Compromise and why was it significant?
Explain the concept of federalism in the context of the U.S. Constitution.
Explain the concept of federalism in the context of the U.S. Constitution.
What role does the Commerce Clause play in U.S. governance?
What role does the Commerce Clause play in U.S. governance?
How can Congress use discretionary spending to impact government programs?
How can Congress use discretionary spending to impact government programs?
What is the significance of the filibuster in the Senate?
What is the significance of the filibuster in the Senate?
Define affirmative action and its purpose.
Define affirmative action and its purpose.
What precedent did the Supreme Court set in Tinker v. Des Moines regarding freedom of speech?
What precedent did the Supreme Court set in Tinker v. Des Moines regarding freedom of speech?
What is the principle of 'separation of powers' in the U.S. government?
What is the principle of 'separation of powers' in the U.S. government?
In what ways did the 14th Amendment protect civil rights?
In what ways did the 14th Amendment protect civil rights?
What mechanisms exist for Congress to exert oversight over the executive branch?
What mechanisms exist for Congress to exert oversight over the executive branch?
What is the difference between civil liberties and civil rights?
What is the difference between civil liberties and civil rights?
Discuss the significance of the 22nd Amendment.
Discuss the significance of the 22nd Amendment.
Flashcards
Critical Period
Critical Period
The chaotic period after the American Revolution where former colonies were governed under the Articles of Confederation. It was a time of instability and economic hardship.
Bill of Attainder
Bill of Attainder
A legal document that declares an act illegal without a judicial trial.
Ex post facto laws
Ex post facto laws
Laws that make an action punishable as a crime even if the action was legal when it was committed.
Privileges and Immunities Clause
Privileges and Immunities Clause
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Supremacy Clause
Supremacy Clause
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Popular Sovereignty
Popular Sovereignty
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Elite Democracy
Elite Democracy
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Enumerated Powers
Enumerated Powers
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Reserved Powers
Reserved Powers
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Implied Powers
Implied Powers
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Inherent Powers
Inherent Powers
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Participatory Democracy
Participatory Democracy
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Pluralist Democracy
Pluralist Democracy
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Electoral College
Electoral College
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Federalism
Federalism
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Gerrymandering
Gerrymandering
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Pork Barrel Legislation
Pork Barrel Legislation
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Limited Government
Limited Government
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Divided Government
Divided Government
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Lame Duck President
Lame Duck President
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Judicial Review
Judicial Review
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Programmatic Requests/Pork
Programmatic Requests/Pork
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Writ of Mandamus
Writ of Mandamus
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Stare Decisis
Stare Decisis
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Senatorial Courtesy
Senatorial Courtesy
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Writs of Certiorari
Writs of Certiorari
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Writs of Habeas Corpus
Writs of Habeas Corpus
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Grand Jury
Grand Jury
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Double Jeopardy
Double Jeopardy
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Exclusionary Rule
Exclusionary Rule
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Marbury v. Madison
Marbury v. Madison
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McCulloch v. Maryland
McCulloch v. Maryland
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Nixon v. United States
Nixon v. United States
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United States v. Lopez
United States v. Lopez
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Engel v. Vitale
Engel v. Vitale
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Wisconsin v. Yoder
Wisconsin v. Yoder
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Tinker v. Des Moines
Tinker v. Des Moines
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New York Times v. United States
New York Times v. United States
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Study Notes
The Enlightenment Period
- Influenced the creation of government
- Key philosophers: John Locke, John-Jacques Rousseau, and Thomas Hobbes
- Important ideas: Social contract, Natural Rights, Popular Sovereignty, Republicanism
Models of Democracy
- Participatory Democracy: Citizens decide policies, politicians implement.
- Pluralist Democracy: Many groups compete for influence.
- Elite Democracy: Small group (wealthy/educated) make decisions.
Articles of Confederation
- Weak government, trying to recover from monarchy.
- Weaknesses: Each state had its own currency, Congress couldn't levy taxes, one vote per state, no executive branch, required 13/13 votes for amendments and 9/13 for laws, etc.
- Shay's Rebellion exposed weaknesses.
Federalists and Anti-Federalists
- Federalists supported ratification of the Constitution, Anti-Federalists opposed it.
Madisonian Representative Democracy
- Includes: Federalism (shared powers), Checks and balances, separation of powers, popular sovereignty, limited government.
Compromises Made in Ratification of the Constitution
- Great Compromise: Bicameral legislature (House of Representatives based on population and Senate equal representation).
- Electoral College and Three-Fifths Compromise: Method for electing president and counting slaves for representation.
Constitutional Basis of Federalism
- Enumerated Powers: Powers explicitly given to Congress.
- Implied Powers: Powers not explicitly given, but understood.
- Inherent Powers: Powers assumed by the president.
- Reserved Powers: Powers for the states.
- Privileges and Immunities Clause
- Full Faith and Credit Clause
- Extradition Clause
- Federalism in Action: Fiscal Federalism (grants-in-aid), Dual Federalism, Cooperative Federalism and New Federalism.
- Key Federalism Clauses: Commerce Clause, Necessary and Proper Clause
Article One - Legislative Branch
- Congress (bicameral legislature): Senate (6 year terms, 1/3 up for reelection) & House of Representatives (2 year terms)
- Enumerated Powers
- Impeachment trials
- Powers to introduce bills, make laws, etc
- Important Vocabulary: Filibuster, Cloture, Rules Committee
- Committee of the Whole, Discharge Petition, Types of Committees (Standing, Conference, Select, Joint).
- Congressional Spending (Discretionary, Mandatory)
- Congressional Actions (Pork-barrel legislation, logrolling)
- Ideological Divisions, Gerrymandering, Reapportionment, Divided Government, Congressional Models (Trustee, Delegate).
Article Two - Executive Branch
- Presidential Powers (Formal and Informal)
- Chief Executive, Chief Diplomat, Commander in Chief.
- Cabinet, Ambassadors, White House Staff.
- Federalist 70: Hamilton's argument for a strong executive.
- 22nd amendment
- Bureaucracy, and Interactions with Congress.
- Civil Service
- Pendleton Act
- Examples of Bureaucratic agencies
Independent Executive Agencies and Government Corporations
- Established by Congress, outside executive branch.
- Serve specific purposes (e.g., NASA, EPA).
- Independent Regulatory Commissions (Federal Reserve Board)
- Provide services that cannot be effectively handled by the private sector
Congressional Oversight
- Ensure legislation is implemented as intended.
- Committee hearings: Make sure everything is running well.
- Power of the Purse: Allocate funding for laws to survive
Judicial Branch – Checks and Balances
- President appoints judges, but Senate confirms.
- Judicial Review (Marbury v. Madison)
- Dissenting and Majority opinions
- Judicial Restraint; Judicial Activism
- Judicial Implementation
- Incorporation Doctrine (14th Amendment)
- Judiciary Act of 1789, and Presidential Succession Act of 1974
- Congressional Budget Act of 1974
- Congressional Research Service, Congressional Budget Office, Office of Management and Budget
Unit 3 - Bill of Rights and Civil Liberties
- First 10 amendments protecting individual liberties.
- Civil Liberties: Limitations on government.
- Civil Rights Act of 1964
- Balancing Minority and Majority Rights.
- Types of actions and court cases for Civil Liberty protections
Electing a President
- Incumbency advantage
- Libel, Slander
- Critical Period.
- Various powers used in election process
- Powers of the president
- Documents: Declaration of Independence, Articles of Confederation, and Federalist 51.
Important Court Cases
- Marbury v Madison
- McCulloch v Maryland
- Significant cases
Additional Topics
- Various topics and court cases that address different parts of government
- Various Supreme Court cases that demonstrate how different clauses work
- Explanation of the different clauses.
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Description
Test your understanding of key legal concepts in U.S. Constitutional Law. This quiz covers important distinctions such as libel vs. slander, the significance of the Supremacy Clause, and the implications of Dillon's Rule on local governance. Dive into the foundational principles that shape American law.