Shared Flashcard Set

Details

Con Law Chapter 1
Chapter 1
23
Law
Undergraduate 3
09/14/2009

Additional Law Flashcards

 


 

Cards

Term
Why was the central government established under the Articles of Confederation unworkable?
Definition
Because it allowed for very little power for government and was only allowed to represent foreign affairs.
Term
When the newly drafted Constitution was submitted to the states for ratification, there were three major objections to its adoption.  What were they?
Definition
The states did not want taxes because they were dangerous, the constitution lacked a bill of rights and assurance of a fair trial, and concentrating so much power in the governement threatened the sovereignity of the states.
Term
How many articles are there to the constitution?
Definition
7
Term
article 1
Definition
established legislative branch of government
Term
article 2
Definition
established executive branch
Term
article 3
Definition
established judicial branch
Term
article 4
Definition
establishes the responsibilities each state owes each other
Term
article 5
Definition
procedures for amending the constitution
Term
article 6
Definition
Supremecy clause - constitution, laws, treaties are the supreme law of the land and replaces contradictory state laws.
Term
article 7
Definition
the constitution must be ratified by 9 states to be operative
Term
enumerated powers delegated to the US Congress under Article 1, Section 8
Definition

Power to Tax

Power to Borrow Money

Power to regulate commerce

power to regulate immigration

power to regulate currency and post offices

power to copyright laws for authors/inventors

power to establish courts lower than S.C.

power to regulate high seas (water, air)

power to declare war

power to draft and acquire land for military

power to organize national guard

power to govern D.C. and federal installations

power to enact laws necessary to enforce them

Term
name the 3 powers congress has over regulation
Definition
power to regulate - the channels and instrumentalities used in interstate commerce (laws over highways, tunnels, bridges, air, etc), persons and articles that move in interstate commerce (can't take a minor across state lines for sex) and any commercial activity that has a substantial effect on interstate commerce. (minimum wage/crop restriction)
Term
what is the implied powers doctrine?
Definition
the government has the implied power to adopt any measures, not prohibited by the constitution, that are appropriate for carrying its delegated powers into effect.
Term
What 5 powers are states forbidden to exercise? article 1,10
Definition

1 - Enter into treaties, alliances, or confederations

 

2. coining money

 

3. require taxes on imports or exports w/o congress consent

 

4. establish a national defense system in times of peace

 

5. pass bills of attainder, ex post facto laws, or make laws impairing the obligations of contracts

Term
ex post facto
Definition
breaking a law before it was established is not allowed to be charged
Term
bill of attainder
Definition
legislative act that brands a person a criminal w/o a trial...innocent until proven guilty
Term
police powers
Definition
powers retained by the states
Term
14th amendment
Definition
due process. prohibits states from treating people differently because of race, gender, or national origin except in the most extraordinary circumstances.

also makes the bill of rights applicable to the states, prevents states from depriving people of life, liberty, or property w/o procedural and substantive due process, and gives congress power to pass legislation enforcing these restrictions.
Term
6th amendment
Definition
right to a speedy trial
right to a public criminal trial
right to a jury
Term
8th amendment
Definition
protection against excessive bail, fines, and cruel and unusual punishment
Term
procedural due process
Definition
enforces the government to notify before depriving a person of life, liberty, or property.
Term
substantive due process
Definition
establishing an adequate justification for an action
Term
equal protection clause
Definition
forbids a state to deny any person within its jurisdiction the equal protection of the laws
Supporting users have an ad free experience!