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| English philosopher who influenced the framers and some of the beliefs in the constitution including the idea that all people should have "life, liberty, and the pre suit of happiness" |
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| Population-based representation. Large States were in favor of this. Gives us the HoR |
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Small states supported
Equal representation for each state
Gives us Senate |
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| Written by Alexander Hamilton, John Jay, and James Madison. Argues for checks & balances, |
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| Believed to be written by Robert Yates from New York. Argues that there are not enough checks and balances on the Judiciary branch. |
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| Highly Infulencal: 4th Chief Justice of the Supreme Court. Strong advocate of federalism. Helped establish the fact that the Supreme Court is the final authority in federal cases and in interpreting the constitution. The Sole Organ Doctrine is based on his writings. |
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| The 4th President of the United States and the principle author of the constitution. He was one of the writers of the Federalist Papers. |
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| means "To command" - writ to instruct a gov't official to carry out his or her duty. |
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| Often called a Writ of Cert. Means literally "To make more certain". from supreme court to a lower court to send the records to the supreme court b/c they are going to here it. A petititon of cert is a request for the supreme court to hear a case. |
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| "To let the decision stand". The principle that the court should use previous decisions to decide cases. |
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| There are 13 appeals courts that are divided into 11 districts. This does not include 2 additional Federal appeals courts which are for specialized uses. |
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| There are 94 Federal District Courts (most districts have more than one court house). First level of Federal Courts. |
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| The territory or sphere of activity over which the legal authority of a court or other institution extends. |
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| whether the litigant is entitled to have the court decide the merits of the dispute or of particular issues. |
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| is a court specifically created by Article III of the United States Constitution. Also known as constitutional courts. |
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| States that the Constitution is the Supreme Law of the Land and that all Judges -- Federal and State -- are bound by its requirements and mandates. It has also been inturperted as such that federal law is supreme to any state law. |
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| Says that congress has the power to regulate commerce both among the states and nations. |
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Applies only to:
states
legislation
contracts existing before/at time of the legislation |
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| Nessessary and Proper clause |
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| Gives congress the POWER to do what is "nessessary and proper" to use its enumerated powers (including using unenumerated powers... powers not specically laid out in the constitution). |
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| Specifically lays out the enumerated powers of the United States Congress. |
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| Derived from Chief Justice John Marshall's Statement: The President is the sole organ of the nation in its external relations, and its sole representative with foreign nations. |
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| police power is the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the general welfare, morals, health, and safety of their inhabitants. |
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| The Supreme Court of Wisconsin released a slave (booth) even though he was being held in Federal custody. They released him b/c they said that the Fugitive Slave Act, the reason he was being held, was unconstitutional. SCOTUS overturned the SC of wisconsin saying that they the Federal Judiciary supersedes the state. |
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| us vs. curtiss wright export corp |
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| sells machine guns to boliva... president says no... can congress give it's powers to president? Yes b/c it's foriegn affairs not domestic. |
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| youngstown sheet & tube v. sawyer |
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| President takes nationalized nations steelmills to avoid strike. Supreme court says no, it's illegal, president cannot do that. Cannot take possession of private property. |
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| Does nixon get to claim executive privilege? SCOTUS says ONLY on the most sensitive national security matters. |
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| Can states regulate commerce? no.... steamboats. |
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| UNITED STATES v. E.C. KNIGHT CO. |
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| Sherman Anti-Trust Can. Is it constituional. EC Knight was company that controlled 98% of the sugar refining business. Act found constitutional but does not apply to manufacturing. |
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| SCHECHTER. v. UNITED STATES |
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| Act of congress gave the president power to set industrial codes to regulate work hours, wages, etc. Is it constitutional? No, delegates a power of congress to the president. |
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| NLRB v. JONES & LAUGHLIN STEEL CORP. |
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| National Labor Relations act. Jones corp was discrimitating aganist union employees. NLRB charged them with violating the National Labor Relations act. SCOTUS found constitutional because it was consistant w/ the commerce clause b/c congress has the power to regulate things that might restrict interstate commerce. |
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| Dept of Ag goes after a Wheat Farmer for making too much Wheat during the Great Depression. The SCOTUS found in favor of the Federal Gov't and against Filburn |
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| HEART OF ATLANTA MOTEL v. U.S. |
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| Hotel in Atlanta wouldn't allow blacks. The Civil Rights Act said that this is illegal. Is it unconstitutional to tell people who they can and cannot allow as customers? SCOTUS decided that it had a direct effect on the flow of goods and people and therefore could be regulated by congress per it's power given in the COMMERCE CLAUSE |
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| Kid brought a concealed gun to school in San Antonio. Can congress regulate this under the commerce clause? NO!, carrying a concealed weapon is NOT an economic activity. |
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| DARTMOUTH COLLEGE v. WOODWARD |
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| The state of New Hampshire tried to take over Darthmouth. SCOTUS found this unconstitutional under the contracts clause. |
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| Barron v. Mayor of Baltimore |
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| Barron's owned portion of the Baltimore harbor was getting filled with sand from the devolopment of the rest of the harbor. Question--Does the state have the power to takeover public property for private use? SCOTUS decided that it was NOT a federal issue and had no jurisdiction in federal court. |
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| Nine black kids were accused of raping two white women. The State of Alabama tried them all within one day and sentenced them to death the same day. They did give them legal counsel but the counsel did not really represent them and did not even meet with them. They merely appeared as to fulfill the technicalities of the law. SCOTUS decided that it was a violation of due process. |
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| a black teen in Lousiana barely assulted a white guy. He was fined $150 and given 60 days in prison. He was refused a jury trial. Did the state violate his right to a jury trial? SCOTUS says that petty crimes aren't requried to get jury trials. |
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| Chicago banned guns, SCOTUS says the 14th amendment makes the 2nd amendment apply to the states. |
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| Washington vs. glucksberg |
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| The right to commit suicide is not protected by due process. |
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