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Const. Law exam 1
| Question | Answer |
|---|---|
| What was the Continental Congress | The branch of government before the articles of confederation. A group of delegates from the 13 colonies in 1774. Peyton Randolph was the President of the Continental Congress. |
| Why did the Articles of Confederation fail? | The Articles required unanimous consent to any amendment, so all 13 states would need to agree on a change. Given the rivalries between the states, that rule made the Articles impossible to adapt after the war ended with Britain in 1783. |
| What was Shay's Rebellion? | Shays' Rebellion was a series of violent attacks on courthouses and other government properties in Massachusetts that began in 1786 and led to a full-blown military confrontation in 1787. |
| What was the VA Plan? | The VA Plan called for 3 branches of government. It also called for the legislative branch to be divided into two bodies. These people really wanted the states to be represented by their population size AKA giving us the House of Representatives. |
| What was the NJ Plan? | The NJ Plan wanted the legislative branch to have a body that was equal representation of all the states. They felt that smaller states would have been underrepresented AKA giving us the Senate and each states gets 2 representatives. |
| What are the Federalists Papers? | The Federalist papers were written by Madison, Hamilton, and Jay. They were essay/reading to help sell the idea of the Constitution to the public. |
| What is the amendment process contained within Article V of the U. S. Constitution? | Amend. may be proposed either by the Congress, through a joint resolution passed by a two-thirds vote, or by a convention called by Congress in response to applications from two-thirds of the state legislatures. It takes 2/3 of Congress to propose an ame |
| What is original intent? | That the judiciary should interpret the Constitution exactly how it was written and understood at the time it was written. |
| What is a writ of certiorari? | A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it. The U.S. Supreme Court uses certiorari to select most of the cases it hears. |
| What is original and appellate jurisdiction? | Appellate jurisdiction- means that the Court has the authority to review the decisions of lower courts. Original jurisdiction- Article 3, A court's power to hear and decide a case before any appellate review. |
| What is precedent or stare decisis? | Precedent refers to a court decision that is considered as authority for deciding subsequent cases involving identical or similar facts, or similar legal issues. Precedent is incorporated into the doctrine of stare decisis and requires courts to apply the |
| What is the Rule of Four? | The “rule of four” is the Supreme Court's practice of granting a petition for review only if there are at least four votes to do so. The rule is an unwritten internal one; it is not dictated by any law or the Constitution. |
| What is the certiorari pool? | The cert pool is a mechanism by which the Supreme Court of the United States manages the influx of petitions for certiorari ("cert") to the court. |
| 1. Discuss the political environment leading to the Court's decision in Marbury v. Madison (1803). What was the legal basis for Chief Justice John Marshall securing the power of judicial review? | |
| What is the writ of mandamus? | Is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. |
| What is judicial review? | The power to declare governmental acts unconstitutional |
| What is the Judiciary Act of 1789? | September 24, 1789. Article III of the Constitution established a Supreme Court but left to Congress the authority to create lower federal courts as needed. |
| What is the Judiciary Act of 1925 | provided the justices with the sole discretion to determine their caseload. In order to issue a writ of certiorari, which grants a court hearing to a case, at least four justices must agree (the “Rule of Four”). |
| What constraints are places on judicial power? | |
| Who was William Marbury? | Marbury was a federalists. William Marbury had been appointed Justice of the Peace in the District of Columbia, but his commission was not delivered. Marbury petitioned the Supreme Court to compel the new Secretary of State, James Madison, to deliver the |
| Why does Hamilton refer to the judiciary as the least dangerous branch? | In the Federalist Papers, Alexander Hamilton predicted that the federal courts would be the "least dangerous branch" of the federal government, because they had neither soldiers nor money to enforce their decrees. |
| Who was Alexander Hamilton? | Nevisian-born American military officer, statesman, and Founding Father who served as the first United States secretary of the treasury from 1789 to 1795. Born out of wedlock in Charlestown, Nevis, Hamilton was orphaned as a child and taken in by a prosp |
| Edwin Meese | Meese argues that we should follow the Const. by its original intent. That civil liberties and civil rights de-politicize and remain neutral. And he believed in judicial restraint, strict interpretation, and majority rule. |
| William Brennan | Brennan that the Const. should be interpreted based on the current time period. He believed that civil liberties and civil rights need to be modernized and he believed in judicia activism, equality, majority rule and minority rights. |
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