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hist. final
ongpauco
| Question | Answer |
|---|---|
| Due Process | Procedural due process means the government must use fair procedures before taking life, liberty, or property. Substantive due process protects certain rights from government interference even when procedures are fair. |
| Glucksberg uses history and tradition to define rights. | |
| Obergefell uses autonomy and evolving understandings of liberty. | |
| Shays’ Rebellion | |
| Revealed fears about unrestrained democracy and instability. | |
| Showed the Articles were too weak to protect property and order. | |
| Led elites to support a stronger Constitution. | |
| Tri World Perspective | |
| Their World focuses on how people understood themselves and their choices. | |
| That World looks at big structures like economy, empire, and politics. | |
| Our World connects past patterns to present questions. | |
| American Revolution and Britishness | |
| Colonists believed they were true heirs of British rights. | |
| Conflicts over taxes became debates over what it meant to be British. | |
| Elites feared commoners defining liberty for themselves. | |
| Checks and Balances | |
| Designed because the Founders believed people act from self-interest. | |
| Ambition checks ambition. | |
| Judicial review becomes part of this system even though not written out like the veto. | |
| Marbury v. Madison | |
| Marbury’s right vested when the commission was signed and sealed. | |
| Court could not issue mandamus because Article III did not give that original jurisdiction. | |
| Marshall avoided a direct clash with Jefferson. | |
| Political Question Doctrine separates legal duties from executive discretion. | |
| Supremacy Clause | |
| Marshall’s view: the Constitution is supreme over ordinary laws. | |
| Alternative view: the Constitution and laws made under it together form the supreme law. | |
| expressio unius est exclusio alterius | |
| If the Constitution lists powers, unlisted powers may be excluded. | |
| Used to argue against broad implied powers or judicial review. | |
| McCulloch v. Maryland | |
| Congress has implied powers to carry out enumerated powers. | |
| The Bank was a reasonable means. | |
| States cannot tax federal institutions. | |
| Case strengthened national supremacy. | |
| Native and Colonial Encounters | |
| Native creation stories show identity through the natural world. | |
| Gaspesian man critiques European hierarchy. | |
| Aztec stories reflect attempts to explain catastrophe. | |
| Morton contrasts Native and English cultures. | |
| Hofstadter’s Interpretation | |
| Founders saw humans as self-interested. | |
| Institutions channel ambition into controlled arenas. | |
| They accepted equality of opportunity, not full social leveling. | |
| Glorious Revolution | |
| Established parliamentary supremacy and rulers bound by law. | |
| Colonists believed these rights applied to them as Britons. | |
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alyssa121