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the main focus of the supreme court during
1800- 1850 |
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Definition
| powers of federal government vs. state government |
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main focus of the supreme court during
1875-1935 |
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| government power to regulate economy |
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main focus of the supreme court during
1940- present |
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Definition
individual rights and liberties
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| the verdict of the Supreme Court concerning President Roosevelt's "court-packing" plan |
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| "Clear and Present Danger" clause |
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Definition
- was not originally in the constitution
- its a doctrine used to help the Supreme Court interpret the freedom of speech clause
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Term
| 1st Amendment and Clear and Present Danger clause are similar to... |
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Definition
| 14th amendment and Separate but Equal Doctrine |
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the meaning of nationalization of Bill of Rights
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| refers to a series of cases in which the Supreme Court interpreted the (Due Process clause of the) 14th amendment as incorporating provisions of the Bill of Rights and thereby making them applicable to the states |
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| a judge's tenure in office |
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a federal judgeship is "life-time appointment"
Article III |
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| rationale for judicial independence |
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Definition
independent because so there will be no pressure from public opinion or other officials
Federalist 78 |
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| appointment of a federal judge according to the Constitution |
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Definition
| there are no qualifications stated in the Constitution |
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| promotion from a federal court of appeals or state Supreme Court to the Supreme Court |
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strict construction/ original intent
literal meaning of Constitution |
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loose construction/ evolving intent
Constitution is flexible and evolving (ex: freedom of press clause) |
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| Congress has the power to... |
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Definition
collect taxes
pay debts
borrow money
regulate commerce w/ foreign countries |
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the power to tax is a concurrent power with what two entities? |
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Definition
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| judges who are ready to declare acts of Congress as unconstitutional |
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Term
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| present political minorities have the right to try to convert themselves into future political majorities by exercising freedoms of speech, press, assembly and petition |
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Term
John Stuart Mill
author of Oh Liberty |
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Definition
was very intermediate in beliefs
a skeptic (you can never be sure whether beliefs are true or false)
was a utilitarian (institutions and practices should not based on utility |
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Term
| purpose of Bill of Rights |
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Definition
a concession to Antifederalist & to states
not to limit the powers of the state governement
most states had their own Bill of Rights |
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Definition
no ex post facto laws
no laws of attainder
no titles of nobility |
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| Bill of Rights put limits on which gov't?? |
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Definition
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Term
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voting rights given to all based on color
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| first amendment to put limitations on state gov't on the basis of voting |
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Definition
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| 14th amendment (2-4 sections) |
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Definition
- states that states may place limits on voting rights but the state will lose seats in the House
- no one who took place in the rebellion could be an election official unless approved by Congress
- all debts acquired by the Confederacy will be considered illegal & void
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Term
| 14th amendment, Section 1 |
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Definition
reversed Dred Scott
placed limitations on the state gov't
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Term
| includes Due Process Clause, Citizenship Clause, Privileges & immunities clause and Equal Protection Clause |
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Definition
| 14th amendment, Section 1 |
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Term
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| everyone has access to due process- fair and speedy trial |
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Term
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| everyone born or naturalized in US are citizens of the US and state where they reside |
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Term
| privileges and immunities clause |
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Definition
| no state can make or enforce any law that abridges the privileges or immunities of citizens of US |
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Term
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Definition
| everyone has equal protection |
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Term
| problem with Privileges and Immunities Clause |
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Definition
no one could figure out what they were and
it only protects the citizens of the United States whereas the Bill of Rights protects everyone within the bounds of the US territory |
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| Intent of Section 1 of 14th amendment |
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Definition
| to protect African Americans against abuse by state governments when Southern states regained self governemnt |
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Term
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Definition
restricted meaning: the gov't cannot prohibit the accused from hiring assistance to counsel
expansive meaning: the gov't must provide assistance for defense |
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| 3 provisions within the Constitution that dealt with slavery |
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Definition
- Apportionment Clause: 3/5...
- Commerce Clause: "the migration or importation of such persons as any of the states now existing shall think proper to admit
- if a slave escapes and is caught, he must go back to the slave state from which they ran
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| for the first time provisions were made to protect people of any color against abuse by their state |
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| using federal power to secure rights of racial minorities against abuse by the state governments |
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Term
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Definition
2 Principle Elements:
de jure and de facto |
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Term
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Definition
| (in law) racial segregation - not publicly prohibited by the post civil war amendments |
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Term
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Definition
| (in fact)- racial disenfranchisement (explicitly prohibited by the 15th amendment) |
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Term
| Racial Disenfranchisement |
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Definition
accomplished by indirect means, subterfuge, and intimidation
examples: literacy tests, poll taxes, voter registration procedures |
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Term
| the problem with the NAACP and separate but equal cases |
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Definition
| NAACP could win any school segregation case on the grounds that separate schools for African Americans were not equal but there were 1000s of schools like this |
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Term
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Definition
- gave federal government more power to enforce Brown v. Board of Education
- outlawed most forms of private racial segregation/discrimination
- Congress used Interstate Commerce Power
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Term
| Federal Aid to Education Act (1965) |
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Definition
| granted funding to schools in South with poverty with desegregation condition attached |
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Definition
| representing the American people as a whole |
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Term
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Definition
| individual representatives (or Senators) representing the people in their constituencies |
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Term
| descriptive representation |
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Definition
representation as similarity
'x' represents 'y' means 'x' looks like 'y' |
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Term
| reasons why descriptive representation is imperfect |
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Definition
- Members of Congress are to a great extent, self elected
- Among those who desire office, the actual office holders are selected in competitive elections
- The competition process is locally based
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Term
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Definition
a way to get perfect national representation
- service would have to be mandatory
- one term limit on members
- probably would not be effective
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Term
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Definition
| 'x' represents 'y' means 'x' acts on behalf of 'y' |
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Term
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| the agent merely stands in or speaks for the principle (people or group being represented) |
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Term
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| advance the best interest of people/ group |
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Term
| 18th century vs 20th century |
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Definition
| uninstructed trustees (lengthy delivery time) vs instructed delegates (instant communication) |
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Term
term limits of House of Representatives
term limits of Senators |
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Definition
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Term
| The Original Apportionment Clause |
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Definition
- does not fix the size of the House
- excluded Native Americans but included slaves
- every 10 years a census must be conducted to reapportion seats
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Term
| apportionment of House seats is based upon |
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Definition
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| Apportionment Bill of 1790 |
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Definition
Based on Hamilton's Method of Largest Remainders
vetoed based on Jefferson's advice
another bill was enacted based on Jefferson's Method of Greatest Divisors
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Term
actions of the House during
1912 and 1940 |
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Definition
1912: Congress froze the size of the House at 435
1940: Congress permanently adopted the Method of Equal Proportions from apportioning the 435 |
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Term
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Definition
| drawing district boundaries (weird shapes) in order to advance one's political interest |
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Term
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Definition
partisan: district drawing to maximize the number of seats to be controlled by a certain party
bipartisan: to create equality amongst the seats
non partisan: to protect incumbents so they may achieve seniority
racial/ethnic: to maximize/minimize the number of minority members likely to be elected |
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Term
| aspects of parliamentary systems |
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Definition
- legislative & executive elections are fused
- legislative organization is highly centralized and highly party focused
- the executive dominates the legislative
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Term
| aspects of presidential/ separation of powers system |
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Definition
- the legislature and executive branches are separated
- legislative organization is decentralized and less party focues
- the legislature and executive "check and balance" one another
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Term
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Definition
- executive and legislative powers are fused and centralized
- voters are voting for a party, prime minister, and government when they vote for the members of parliament
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