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| essays that were written in support of the constitutions ratification and have become a classic argument for the American constitutional system |
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| articles of confederation |
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| the first (1781-1789) basic governing document of the united states and forerunner to the constitution |
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| constitutional convention proposal that created a house proportionate to population and a senate in which all states were represented equally |
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| necessary and proper clause |
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| – constitutional clause that gives congress the power to take all actions that are necessary and proper to the carrying out of its delegate powers [aka elastic clause] |
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| constitutional provision that counted each slave as three fifths a person when calculating representation in the house of representative; repealed by the 14th amendment |
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| collision of beliefs and values about the justification and operation of a country’s government |
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| a philosophy that elevates and empowers the individual as opposed to religious, hereditary, governmental or other forms of authority |
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| politicizing the nomination process through an organized public campaign that portrays the nominee as a dangerous extremist |
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| power of the courts to declare null and void laws of congress and state and of state legislature they find unconstitutional |
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| supreme court decision (1803) in which the court first exercised the power of judicial review |
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| a theory of constitutional interpretation that determines the constitutionality of a law by asserting the intentions of those who wrote the constitution |
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| living constitution theory |
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| a theory of constitutional interpretation that places the meaning of the constitution in light of the total history of the US |
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| plain meaning of the text theory |
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| a theory of constitutional interpretation that determines the constitutionality of a law in light of the words the constitution obviously means to say |
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| the court is weak and has no enforcement power |
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| agent of social change, make change in social policy; only body with judicial review [after 1950’s] |
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| clear and present doctrine |
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| the principle that people should have complete freedom of speech unless their language endangers the nation |
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| espionage act made it illegal to obstruct armed forces recruitment. Court upheld the conviction of a man who mailed anti-conscription materials. Freedom of speech unless a clear and present danger will provoke “evils that congress has a right to prevent” |
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| the principle, endorsed by the Supreme Court in Chaplinsky v New Hampshire (1942), that some words constitute violent acts and therefore not protected under the first amendment |
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| Chaplinsky v new Hampshire |
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| Smith act (1940) forbade advocating the forceful overthrow of the government. –Jehova’s witness wanted police protection from a threatening crowd objecting to his pacifist beliefs |
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| – the principle enunciated by the courts that freedom of speech must be balanced against other competing public interests at stake in particular circumstances |
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| fundamental freedoms doctrine |
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| court doctrine stating that laws impact impinging on the freedoms that are fundamental to the preservation of the domestic practice – the freedoms of speech, press and assembly and religion – are to be scrutinized by the courts more closely than other legislation |
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| – Connecticut law prohibited the use of any instrument for contraception. Court ruled the law unconstitutional. Douglas: there is a “right to privacy” older than the bill of rights. * court opinion matched public opinion of married couples’ use of contraceptives |
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| Texas state law prohibiting abortion was ruled too broad and therefore unconstitutional. Majority decision: * a woman’s right to privacy can only be overruled when the state has a compelling interest * trimester framework. * state’s compelling interest begins at viability. Opinion contains a great deal of history. Regulating abortion but not prohibiting. |
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| the Supreme Court takes a restrictive view of the equal protection clause. Civil rights act of 1875 (abolished segregation in public places) are ruled unconstitutional. *state action doctrine: only the actions of local governments, not individuals must conform to the equal protection clause. (reflects public attitudes at the time) |
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| rule stating that only the actions of state and local governments, not those of private individuals, must conform to the equal protection clause |
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| decision declaring separate but equal public facilities constitutional |
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| – rule stating that equal protection clause was not violated by the fact of racial segregation alone, provided that separate facilities were “equal” |
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| Brown v Board of education of Topeka, KS |
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| 1954 Supreme Court decision declaring racial segregation in schools unconstitutional |
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| "with all deliberate speed" |
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| decision did not tell the school board what they had to do to comply with the decision |
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| racial segregation that is legally sanctioned |
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| segregation that occurs as the result of decisions by private individuals |
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| regents of the university of california Bakke |
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| – issue of medical school admissions –constitutional issue do affirmative action programs violate the equal protection clause of the constitution. *very fragmented and complicated decision –quota systems are not constitutional but a university has a constitutional interest in having a diverse student body. (Paul) |
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| – division of sovereignty between at least two different levels of government |
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| doctrine of nullification |
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| state legislatures can invalidate an act of congress that they feel threatens state of individual liberties |
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| decision of 1819 in which the supreme court declared unconstitutional the state’s power to tax a federal government entity |
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| interstate commerce clause |
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| congress can regulate commerce among the states. Crucial distinction between interstate and intrastate |
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| substantive issue: gun free school zone act of – 1990 constitutional issue: does this constitute interstate commerce? No…. congress may not use a relative trivial impact on commerce as a m excuse for broad general regulation |
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| Cooperative (“marble cake”) federalism |
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| – all levels of government can and do work together to perform governmental functions for example law enforcement. Principles were put into practice during the war on poverty |
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