20 terms

Constitutional Law: Quiz #1 Study Guide

POSC 304-01, Professor Richard Taskin, Spring 2014. Massachusetts College of Liberal Arts {Based on Readings: (1.) The Dynamic Constitution, 2nd Edition, by Fallon. [Preface, Prologue and P.1-19 and page 363-378 (through amendment X); Chapter 11 P.315-328] (2.) The Oath: The Obama White House and the Supreme Court by Jeffrey Toobin. [Prologue, P.1-17; Chapter 1] (3.) American Constitutional Law, Volume 2, 9th Edition by Rossum and Tarr. [P.4-14; P. 57-59; P. 76-84;P. 59-61; P.84-104]
Article 1 (Constitution)
Legislative Branch. The Constitution provides for two houses of Congress: the House of Representatives and the Senate. (Bicameral Legislature) The population of a state determines how many people it elects to the House of Representatives. Each state elects two Senators, so the Senate offers an equal playing field for small states and large states.(specifies powers that congress does not have.)

Congress has the power to make all federal laws, (explains procedures for making laws and lists the types of laws congress may pass) and only the House can introduce tax legislation. The Senate has the power to confirm or deny the President's appointments to the Cabinet, the Supreme Court, and other key positions.
Article 2 (Constitution)
Executive branch. The highest elected official in the United States, the President Is Commander in Chief of the U.S. armed forces. However, only Congress can actually declare war.The President has the power to veto legislation passed by both houses of Congress (the House of Representatives and the Senate). Congress can override the veto only with a two-thirds majority.
The President appoints Cabinet officers, Supreme Court justices, and many other officials — subject to confirmation by the Senate.

(Section 2: Appointments, Advise and Consent; Section 4 Disqualifications)
Article 3 (Constitution)
Judicial Branch. Each justice is nominated by the President, confirmed by the Senate, and has the opportunity to serve in that position for life as long as he or she demonstrates what the Constitution calls "Good Behaviour." The Supreme Court effectively determines what the Constitution means.
Article 4 (Constitution)
State Records, Citizenship, The admission of New states to the Union, Guarantee Republican form of government
Article 5 (Constitution)
The Amendment Process. Amendments Proposed 2/3 vote. Amendments ratified 3/4 of state legislatures agree
Article 6 (Constitution)
establishes the government outlined in the Constitution as the most powerful government in the land. The Tenth Amendment, ratified in 1791, counterbalanced this article by guarding and preserving states' rights.
The U.S. Constitution and any laws or treaties made in accordance with the U.S. Constitution are the "supreme law of the land." Judges in each state are bound by the U.S. Constitution and must ignore any state law that contradicts it.
All members of the Senate and the House of Representatives, members of state legislatures, and executive and judicial officers at the national and state level are bound by oath to support this Constitution.
A religious affirmation can never be required in order to hold any office or position in the United States.
Article 7 (Constitution)
defines the Constitution as the law of the land upon its ratification by 9 of the existing 13 states. Less than one year after it was proposed, 9 states did ratify the Constitution, but it was not until 1790 that all 13 states formally agreed.
Conventions to ratify the U.S. Constitution will be called in each of the 13 states. When 9 of the 13 states formally ratify the document, it will officially go into effect in those 9 states. It will apply to each additional state as each state ratifies the document.
This document was completed and agreed to unanimously by the undersigned delegates on September 17, 1787. [What follows is a list of 40 names, including George Washington, Alexander Hamilton, Benjamin Franklin, and James Madison.]
Ex Parte Milligan
1866 Supreme Court decided that the suspension of habeas corpus was unconstitutional because civilian courts were still operating, and the Constitution of the United States (according to the Court) only provided for suspension of habeas corpus if these courts are actually forced closed. In essence, the court ruled that military tribunals could not try civilians in areas where civil courts were open, even during wartime.
Korematsu V. United States
1942, FDR issued Executive order to ban American Citizens of Japanese Ancestry from certain areas for domestic security. They also set up internment camps for these people during the war. One citizen chose not to leave his home in San Leandro California and took the case to the Supreme Court. 1944, The Supreme Court upheld the order providing for the relocation of Japanese Americans. Justice Robert Jackson felt it was unconstitutional. It was not until 1988 that Congress formally apologized and agreed to pay $20,000 to each survivor.
Hamdi V. Rumsfield
an American citizen who was allegedly working as an enemy combatant in Afghanistan. The U.S.A was holding him in prison, but denied him a trial. The Supreme Court ruled that Hamdi's right to a trial had been violated, which was given to him by the 5th amendment.
(2004), is a United States Supreme Court case in which the Court recognized the power of the government to detain enemy combatants, including U.S. citizens, but ruled that detainees who are U.S. citizens must have the rights of due process, and the ability to challenge their enemy combatant status before an impartial authority.
Boumediene V. Bush
The Supreme Court held that the Guantanamo prisoners had a right to habeas corpus protection under the US Constitution which stated that their indefinite detention without trial is not legally permissible.,
Citizens have the writ of habeas corpus (prisoner can be brought before a judge to determine the legality of his imprisonment) lots of people did this after 9/11 and congress tried to say that the wohc couldn't apply to those imprisoned for terrorist suspects, the court denied this approach in this court case b/c the laws of the constitution are designed to survive, but this case did not end this debate
McCullogh V. Maryland
(1819) the Supreme Court ruled that Congress had implied powers under the Necessary and Proper Clause of Article I, Section 8 of the Constitution to create the Second Bank of the United States and that the state of Maryland lacked the power to tax the Bank. Arguably Chief Justice John Marshall's finest opinion, McCulloch not only gave Congress broad discretionary power to implement the enumerated powers, but also repudiated, in ringing language, the radical states' rights arguments presented by counsel for Maryland.
Dred Scott V. Sandford
A Missouri slave sued for his freedom, claiming that his four year stay in the northern portion of the Louisiana Territory made free land by the Missouri Compromise had made him a free man. The U.S, Supreme Court decided he couldn't sue in federal court because he was property, not a citizen.
(1857), the Supreme Court ruled that Americans of African descent, whether free or slave, were not American citizens and could not sue in federal court. The Court also ruled that Congress lacked power to ban slavery in the U.S. territories. Finally, the Court declared that the rights of slaveowners were constitutionally protected by the Fifth Amendment because slaves were categorized as property.
Marbury V. Madison
(1803) Marbury was a midnight appointee of the Adams administration and sued Madison for commission. Chief Justice Marshall said the law that gave the courts the power to rule over this issue was unconstitutional. established judicial review
John Marshall
Appointed by John Adams (1801) as Chief Justice of the Supreme Court- was a Virginia Federalist who was disliked by the state's rights Jeffersonians. (Served 30 days under Federalist administration and 34 years under the Jeffersonians and their successors) The Federalists died out but Marshall continued to hand down Federalist decisions. IMPORTANT ACT- Although he dismissed the Marbury suit ( 1801) to avoid direct political showdown, he said that part of the Judiciary Act of 1789, on which Marbury tried to base his appeal was unconstitutional.
Fletcher V. Peck
(1810), the Supreme Court ruled that a grant to a private land company was a contract within the meaning of the Contract Clause of the Constitution, and once made could not be repealed. In addition to establishing a strict interpretation of the Contract Clause, the case marked the first time the Supreme Court struck down a state law on constitutional grounds. , (1810) U.S. Supreme Court decision in which Chief Justice John Marshall upheld the initial fraudulent sale contracts in the Yazoo Fraud cases; Congress paid $4.2 million to the original speculators in 1814.
Interstate Commerce
Approved on February 4, 1887 the Interstate Commerce Act created an Interstate Commerce Commission to oversee the conduct of the railroad industry. With this act the railroads became the first industry subject to Federal regulation.
Suspension Clause
All persons on US territory are entitled to habeas corpus to review basis for their detention, unless the privilege of seeking habeas corpus has been suspended.
Strict Scrutiny
A Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal
Due Process of Law
5th Amendment. Fair treatment through the judicial system: The right to a fair and speedy trial judged by an impartial jury of one's peers.