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Study sets matching "constitutional law 2"

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Study sets matching "constitutional law 2"

33 terms
Test 2 constitutional law
When is "Plain view" allowed?
Can officers use binoculars or telesco…
exigent circumstance
When can you use a search warrant?
in a legal vantage point,probable cause (item is evidence of…
Yes
Danger to someone or evidence is being destroyed
warrant by a judge,or consent from someone with "apparent aut…
When is "Plain view" allowed?
in a legal vantage point,probable cause (item is evidence of…
Can officers use binoculars or telesco…
Yes
195 terms
Constitutional Law2
42 U.S.C. section 1982
Abridgment
Absolute Privilege
Actual Malice
"All citizens of the United States shall have the same right…
A diminishing or curtailing of rights.
Unconditional or unqualified immunity enjoyed by a person.
Knowledge of falsity or reckless disregard of the truth of fa…
42 U.S.C. section 1982
"All citizens of the United States shall have the same right…
Abridgment
A diminishing or curtailing of rights.
12 terms
Constitutional Law 2 - Speech
1A Prima Facie Case
Gov't Action
Abridgment
Burden
Gov't action that abridges freedom of speech is void unless p…
Where a public agency is acting, it is state action
when gov't penalizes or burdens the exercise of free speech o…
Denial of a benefit to a person on the basis of speech is an…
1A Prima Facie Case
Gov't action that abridges freedom of speech is void unless p…
Gov't Action
Where a public agency is acting, it is state action
Chapter 2: Constitutional Law
Federal Form of Goverment
Checks and Balances
Commerce Clause
Heart of Atlanta Motel vs. United States
A system of government in which the states form a union and t…
The principle under which the powers of the national governme…
The provision in Article 1, Section 8, of the US Constitution…
Government sanctioned segregation, owner of Heart of Atlanta…
Federal Form of Goverment
A system of government in which the states form a union and t…
Checks and Balances
The principle under which the powers of the national governme…
66 terms
constitutional law 2.10
natural law
Common law"
case law
constitutional law
people have rights in which they were born with
body of law that developed throughout history in the countrie…
part of common la... interpretates the laws and the application…
law of the land form and structure of government provides and…
natural law
people have rights in which they were born with
Common law"
body of law that developed throughout history in the countrie…
19 terms
Chapter 2 Constitutional Law
Federal Form of Government
Checks and Balances
Commerce Clause
Police Powers
A system of government in which the states form a union and t…
The principle under which the powers of the national governme…
The provision in Article I, Section 8, of the U.S. Constituti…
Powers possessed by the states as part of their inherent sove…
Federal Form of Government
A system of government in which the states form a union and t…
Checks and Balances
The principle under which the powers of the national governme…
18 terms
Constitutional Law Test 2
Schenck v U.S.
Abrams v U.S.
Gitlow v N.Y.
Dennis v U.S.
Know and be able to explain the application of the "clear and…
Know about the development and application of the "bad tenden…
Another application of the "dangerous tendency test". The inc…
Understand the application of the test that assesses the "gra…
Schenck v U.S.
Know and be able to explain the application of the "clear and…
Abrams v U.S.
Know about the development and application of the "bad tenden…
25 terms
2 Constitutional Law
3 ways to interpret the law
strict construction
Originalism
dynamic
strict construction, originalism, and dynamic
trying to find the plain meaning in the words of the constitu…
needing to find what the legislative intent was behind the law
We shouldn't be constrained by what was done and what was int…
3 ways to interpret the law
strict construction, originalism, and dynamic
strict construction
trying to find the plain meaning in the words of the constitu…
30 terms
Ch. 2: Constitutional Law
Federal form of governemnt
Checks and balances
Commerce clause
Police powers
system of government in which the states form a union and the…
principle under which the powers of the national government a…
provision in Article 1, Section 8 of the USC that gives Congr…
powers possesed by the states as part of their inherent sover…
Federal form of governemnt
system of government in which the states form a union and the…
Checks and balances
principle under which the powers of the national government a…
Constitutional Law Test #2
Legislative veto
Article II Powers
Separation of powers
Executive privilege
A veto exercised by a legislature nullifying or reversing an…
Article 2 of the United States Constitution is the section th…
An act of vesting the legislative, executive, and judicial po…
Executive privilege is the constitutional principle that perm…
Legislative veto
A veto exercised by a legislature nullifying or reversing an…
Article II Powers
Article 2 of the United States Constitution is the section th…
68 terms
Legal English 2 - Constitutional Law
accountability
adjudicate
amendment
ballot
odpowiedzialność
orzec, rozsądzić
poprawka
głosowanie (zwykle tajne)
accountability
odpowiedzialność
adjudicate
orzec, rozsądzić
15 terms
Ch 2 constitutional law
federal form of government
Checks and Balances
commerce clause
police powers
...
...
...
...
federal form of government
...
Checks and Balances
...
35 terms
Week 2 Constitutional Law
Colonial Rule
Rights of Englishman
How many original states were there?
What was the purpose of the Declaratio…
Americans lived under Colonial rule for over 100 years
Colonials felt their "Rights of Englishman" were being violat…
There were thirteen original states.
To create thirteen individual Sovereigns(states) and to provi…
Colonial Rule
Americans lived under Colonial rule for over 100 years
Rights of Englishman
Colonials felt their "Rights of Englishman" were being violat…
15 terms
Chapter 2: Constitutional Law
Federal Form of Government
Checks and Balances
Commerce Clause
Police Powers
A system of government in which the states for a union and th…
The principle under which the powers of the national governme…
The provision in Article I, Section 8 of the US constitution…
Powers possessed by the states as part of their inherent sove…
Federal Form of Government
A system of government in which the states for a union and th…
Checks and Balances
The principle under which the powers of the national governme…
16 terms
ex 2. Constitutional Law
what represents the entire original Co…
-These were the first 10 amendments ad…
1st Amendment... 2? 3? 4, 5 6, 7 ,8 10?
If the Federal Government has the powe…
The Articles (1 thru 7)
The Bill of Rights
1 - Freedom of Speech / Religion / Press... 2 -"Right to Bear Ar…
Article VI (Supremacy Clause)
what represents the entire original Co…
The Articles (1 thru 7)
-These were the first 10 amendments ad…
The Bill of Rights
Constitutional Law test 2
Minersville vs. Golatis
What clause was involved in Minersvill…
In Minersville vs. Golatis the clause…
Which two amendments have due process
Jehovah witness; gov't passed law for compulsory flag salute;…
Free exercise of religion
deinied
5th and 14th amendement
Minersville vs. Golatis
Jehovah witness; gov't passed law for compulsory flag salute;…
What clause was involved in Minersvill…
Free exercise of religion
20 terms
Constitutional Law Part 2
Article II, Section 3
Article III, Section 1
Article III, Section 2
Article IV
State of the Union
Judicial power of the US shall be vested in the supreme court…
Gives the courts jurisdiction
Full faith and credit clause. Recognizing public acts and cas…
Article II, Section 3
State of the Union
Article III, Section 1
Judicial power of the US shall be vested in the supreme court…
22 terms
Constitutional Law Quiz 2
Nullification Crisis
The Political Question Doctrine
The Commerce Clause
The Embargo Act of 1807
Federal Tariffs were harming South Carolina, they refused to…
The question of whether or not the court system is an appropr…
Granted congress the ability to regulate commerce with foreig…
Act passed by Thomas Jefferson that prevented states and comp…
Nullification Crisis
Federal Tariffs were harming South Carolina, they refused to…
The Political Question Doctrine
The question of whether or not the court system is an appropr…
15 terms
Chapter 2: Constitutional Law
Federal Form of Government
Checks and Balances
Commerce Clause
Police Powers
-A system of government in which the states form a union and…
-The principle under which the powers of the national governm…
-The provision in Article I, Section 8, of the US constitutio…
-Powers possessed by the states as part of their inherent sov…
Federal Form of Government
-A system of government in which the states form a union and…
Checks and Balances
-The principle under which the powers of the national governm…
59 terms
Constitutional Law (Set 2)
Thin Sense of a Constitution
Thick Sense of a Constitution
Constitutionalism
Meta Question 1
Law that establishes and regulates main organs of government…
(1) Contains substantive and procedural norms that define org…
Ask: (1) Why is it legitimate and how to interpret it? (2) Do…
Is the gov't body's action constitutional?
Thin Sense of a Constitution
Law that establishes and regulates main organs of government…
Thick Sense of a Constitution
(1) Contains substantive and procedural norms that define org…
15 terms
CH2 - Constitutional Law
Federal Form of Government
Checks and Balances
Commerce Clause
Police Powers
A system of government in which the states form a union and t…
The principle under which the powers of the national governme…
The provision in Article I, Section 8, of the U.S. Constituti…
Powers possessed by the states as part if their inherent sove…
Federal Form of Government
A system of government in which the states form a union and t…
Checks and Balances
The principle under which the powers of the national governme…
25 terms
Chapter 2: Constitutional Law
Federal Form of Government
Commerce Clause
Gibbons v. Ogden
Police Powers
a system of government in which the states form a union and t…
gives Congress the power to regulate INTERstate commerce... -not…
ruled that the US Supreme Court held that the national govern…
Powers possessed by the states as part of their inherent sove…
Federal Form of Government
a system of government in which the states form a union and t…
Commerce Clause
gives Congress the power to regulate INTERstate commerce... -not…
15 terms
Chapter 2 - Constitutional Law
Federal Form of Government
Checks and Balances
Commerce Clause
Bill of Rights
A system of government in which the states form a union and t…
The principle under which powers of the national government a…
The provision in Article I, Section 8 of the US Constitution…
The first ten amendments to the US Constitution
Federal Form of Government
A system of government in which the states form a union and t…
Checks and Balances
The principle under which powers of the national government a…
11 terms
Chapter 2: Constitutional Law
Federal Form of Govt.
Checks And Balances
Commerce Clause
Police Powers
System of govt where states form a union and sovereign power…
Allows each branch to limit actions of other two branches pre…
Provision that gives congress the power to regulate interstat…
Powers possessed by the states as part of their inherent sove…
Federal Form of Govt.
System of govt where states form a union and sovereign power…
Checks And Balances
Allows each branch to limit actions of other two branches pre…
66 terms
Constitutional Law 2
Rights from Bill of Rights applicable…
Rights not applicable to states:
Fourteenth amendment
State action
Protects the right to compensation for property taken by the…
The third amendment prohibition against quartering troops.... Th…
Prohibits states from depriving someone of life, liberty, or…
fourteenth amendment applies only if there is action by local…
Rights from Bill of Rights applicable…
Protects the right to compensation for property taken by the…
Rights not applicable to states:
The third amendment prohibition against quartering troops.... Th…
25 terms
Constitutional law 2
Free exercise clause
Establishment clause
Legal definition of religion
Time, place and manner restrictions
Congress shall make no law respecting an establishment of rel…
is a limitation placed upon the United States Congress preven…
"Congress shall make no law respecting an establishment of re…
Has to be reasonable Krishna case
Free exercise clause
Congress shall make no law respecting an establishment of rel…
Establishment clause
is a limitation placed upon the United States Congress preven…
179 terms
Constitutional Law 2
Judicial Power
Marbury v. Madison
Cooper v. Aaron
Dickerson v. United States
1. Article 3 creates the federal Judiciary and defines its po…
establishes the power of Judicial Review... Principles:... 1a. The…
clearly affirmed (or reaffirmed) broader holding in Marbury t…
Expands Marbury by saying that not only can court rule on whe…
Judicial Power
1. Article 3 creates the federal Judiciary and defines its po…
Marbury v. Madison
establishes the power of Judicial Review... Principles:... 1a. The…
72 terms
2 Constitutional Law
Administrative Warrants
Anti-federalists
Articles of Confederation
Bill of Rights
a demand to enter for the purpose of inspection
Opponents of the American Constitution at the time when the s…
This document, the nation's first constitution, was adopted b…
1st 10 Amendments
Administrative Warrants
a demand to enter for the purpose of inspection
Anti-federalists
Opponents of the American Constitution at the time when the s…
148 terms
Constitutional Law 2
Privileges or Immunities Clause
Only "Fundamental Rights" Protected
FOURTEENTH AMENDMENT—PRIVILEGES OF NAT…
Bill of Rights Not Included
The Fourteenth Amendment Privileges or Immunities Clause prot…
The Interstate Privileges and Immunities Clause prohibits dis…
The Fourteenth Amendment Privileges or Immunities Clause proh…
The Slaughterhouse Cases, 83 U.S. 36 (1873), held that the fu…
Privileges or Immunities Clause
The Fourteenth Amendment Privileges or Immunities Clause prot…
Only "Fundamental Rights" Protected
The Interstate Privileges and Immunities Clause prohibits dis…
104 terms
ch. 2 constitutional law
constitution
reserved powers clause
weakened ties to the crown
sugar act of 1764
establishes a federal system, federalism ... defines relationshi…
10th amendment... divides power between national and state gover…
French and Indian war... taxes --> unfair ... colonists rejected Br…
sugar, wine, coffee... most products imported to colonies
constitution
establishes a federal system, federalism ... defines relationshi…
reserved powers clause
10th amendment... divides power between national and state gover…
68 terms
2 - Constitutional Law
accountability
adjudicate
amendment
ballot
odpowiedzialność
orzec, rozsądzić
poprawka
głosowanie (zwykle tajne)
accountability
odpowiedzialność
adjudicate
orzec, rozsądzić
10 terms
Constitutional Law 2
Prigg v Pennsylvania, Justice Story
South Carolina's Declaration of Secess…
Lincoln's Inaugural speech
Slaughterhouse Cases, Justice Miller
It is scarcely conceivable that the slaveholding states would…
The parties to whom the[e] Constitution was submitted, were t…
The Union is much older than the Constitution. It was formed,…
The language is, "No State shall make or enforce any law whic…
Prigg v Pennsylvania, Justice Story
It is scarcely conceivable that the slaveholding states would…
South Carolina's Declaration of Secess…
The parties to whom the[e] Constitution was submitted, were t…
49 terms
CHAPTER 2: CONSTITUTIONAL LAW
What is the basic structure of the US…
A system of government in which the es…
allows each branch of government to li…
What constitutional clause gives the f…
the US Constitution established a federal form of government,…
FEDERAL FORM OF GOVERNMENT
CHECKS AND BALANCES
COMMERCE CLAUSE
What is the basic structure of the US…
the US Constitution established a federal form of government,…
A system of government in which the es…
FEDERAL FORM OF GOVERNMENT
Constitutional Law Holdings 2
Bush v. Gore
Clinton v. City NY
Morrison v. Olson
U.S. v. Nixon
Yes, the recounts of the votes in Florida are unconstitutiona…
Yes, the Line Item Veto Act violates the Presentment Clause i…
No, the independent counsel provision of the Ethics in Govern…
No, the President's right to safeguard certain information is…
Bush v. Gore
Yes, the recounts of the votes in Florida are unconstitutiona…
Clinton v. City NY
Yes, the Line Item Veto Act violates the Presentment Clause i…
Constitutional Law Terms 2
Prerogative power
Perfect War
Imperfect War
Formalists
The executive must do whatever is necessary in times of emerg…
Formally declared war
Military actions not authorized via formal declaration of war
Federal judges should not allow deviations from the plan unle…
Prerogative power
The executive must do whatever is necessary in times of emerg…
Perfect War
Formally declared war
25 terms
Unit 2: Constitutional Law
Common Law
Republic
Appellate Court
Tort
Law based on current standards or customs of the people
Governmental system in which citizens elect representatives t…
Reviews decisions of lower courts to determine if a significa…
Private or civil wrong for which the law grants a remedy
Common Law
Law based on current standards or customs of the people
Republic
Governmental system in which citizens elect representatives t…
Constitutional Law Themes 2
Expands Presidential Powers
Limites Presidential Powers
Expands Congressional Powers
Limits Congressional Powers
Curtiss-Wright: Foreign affairs... The Prize Cases: issuing blo…
Clinton v. City NY: Line Item Veto Act... Nixon: does not have…
Morrison v. Olson: Independent counsel, Congress can allow in…
INS v. Chadha: legislative veto
Expands Presidential Powers
Curtiss-Wright: Foreign affairs... The Prize Cases: issuing blo…
Limites Presidential Powers
Clinton v. City NY: Line Item Veto Act... Nixon: does not have…
29 terms
Constitutional Law
Incitement
Obscenity
Defamation
Libel
To encourage a crowd to commit violence
Vulgar, lewd or pornographic material
to lie about someone and injure their reputation
Written defamation
Incitement
To encourage a crowd to commit violence
Obscenity
Vulgar, lewd or pornographic material
33 terms
Constitutional Law Cases 2
Slaughter-House (1873)
Plessy v. Ferguson (1896) [overruled b…
Yick Wo v. Hopkins (1886)
Williamson v. Lee Optical (1955)
14th amendment applies to citizens of U.S; LA law established…
In one phrase: Separate-equal does not violate EP; Plessy 1/8…
In one phrase: Law may appear equal on its face but be unequa…
In one phrase: legislatures have right to be wrong (rational…
Slaughter-House (1873)
14th amendment applies to citizens of U.S; LA law established…
Plessy v. Ferguson (1896) [overruled b…
In one phrase: Separate-equal does not violate EP; Plessy 1/8…
89 terms
Constitutional Law 2
dead-hand problem
Originalism
Non-originalism
District of Columbia v. Heller
the Framers are able to reach into the future, with their now…
a provision of the Constitution must mean today what it meant…
the Constitution's meaning today is not always the meaning it…
A complete prohibition on gun possession in the home is inval…
dead-hand problem
the Framers are able to reach into the future, with their now…
Originalism
a provision of the Constitution must mean today what it meant…
15 terms
Constitutional Law Quiz 2
Magna Carta year
Magna Carta alternate name
What type of person did the Magna Cart…
Which king agreed to the Magna Carta?
1215
"Great Charter
English Nobles
King John
Magna Carta year
1215
Magna Carta alternate name
"Great Charter
111 terms
2- constitutional law
federalism
4 functions of constitution
articles of confederation
chaotic period
constitution separates state and federal law (branches)
-separation of power... -defines relationship between citizens a…
idealistic, yet dysfunctional document... -domination by states…
-movement to change central government, ... -chaotic economic re…
federalism
constitution separates state and federal law (branches)
4 functions of constitution
-separation of power... -defines relationship between citizens a…
26 terms
Constitutional Law Exam #2
case that established means v end
necessary = "___ and ___" (MvM)
whats clear in the ICC
whats unclear in the ICC
McCulloch v Maryland
useful, appropriate
Congress' power, not states
definition of regulate, among, commerce
case that established means v end
McCulloch v Maryland
necessary = "___ and ___" (MvM)
useful, appropriate
35 terms
Constitutional Law Exam 2
Myers vs U.S
Humphrey's Executor vs. U.S
Ex Parte Miligan
Korematsu vs U.S
Chief Justice Taft 1926
Justice Sutherland 1935
Justice Davis 1866
Justice Black 1944
Myers vs U.S
Chief Justice Taft 1926
Humphrey's Executor vs. U.S
Justice Sutherland 1935
30 terms
Constitutional Law 2
Reynolds v. US
Cantwell v. Connecticut
Sherbet test 1962
Strict scrutiny
Can federal law ban polygamy? Yes, they can ban polygamy with…
Can Connecticut deny permit for religious reasons? No, they c…
Strict scrutiny... Quasi-strict scrutiny ... Minimal scrutiny test
The courts can look closely for fundamental freedom which may…
Reynolds v. US
Can federal law ban polygamy? Yes, they can ban polygamy with…
Cantwell v. Connecticut
Can Connecticut deny permit for religious reasons? No, they c…
22 terms
constitutional law 2
gibbons v ogden
us v e.c. knight
stafford v wallace
champion v ames
Special permits giving rights to operate steamboats on New Yo…
ruled that companies engaged in manufacturing rather than int…
meat packing ... packers and stockyard act... stockyards are the th…
Upheld law prohibiting transport of lottery tickets across st…
gibbons v ogden
Special permits giving rights to operate steamboats on New Yo…
us v e.c. knight
ruled that companies engaged in manufacturing rather than int…
22 terms
Constitutional Law #2
Defunis v. Odegaard (1974)
Luther v. Borden (1849)
Colegrove v. Green (1946)
Baker v. Carr (1962)
Defunis was denied entry into Washington Law School. He claim…
1841 Rhode Island was in unrest, state was split apart becaus…
Colegrove is a political science professor at Northwestern an…
1901 Tennessee legislature proves reapportionment every 10 ye…
Defunis v. Odegaard (1974)
Defunis was denied entry into Washington Law School. He claim…
Luther v. Borden (1849)
1841 Rhode Island was in unrest, state was split apart becaus…
53 terms
Constitutional Law Cases 2
Cohens v Virginia
Coyle v Smith
Baldwin v Montana Fish and Game Commis…
Dred Scott v Sandford
Federal permission to do something doesn't override state pro…
Congress cannot tell a state where its capital must be, as al…
Non-residents can be charged more for hunting licenses. Equal…
Congress cannot prohibit slavery in federal territories. Slav…
Cohens v Virginia
Federal permission to do something doesn't override state pro…
Coyle v Smith
Congress cannot tell a state where its capital must be, as al…
56 terms
Constitutional Law Review #2
Ashwander v. TVA (1936)
case or controversy
Bellotti v. Baird (1979)
friendly suit
case that lays out many of the rules of judicial self-restrai…
requirement that a case has a concrete controversy with real,…
case in which a Massachusetts law requiring consent from both…
a case in which the two parties are technically opposed, but…
Ashwander v. TVA (1936)
case that lays out many of the rules of judicial self-restrai…
case or controversy
requirement that a case has a concrete controversy with real,…
61 terms
Constitutional Law
4 Justiciability Doctrines
4 Components of Standing
Exceptions to Mootness
Nonjusticiable Political Questions
1. Standing... 2. Ripeness... 3. Mootness... 4. Political Question
1. Injury: personal and likelihood of future harm for injunct…
(i) wrong capable of repetition but escaping review, (ii) vol…
(a) republican form of government clause, (b) challenges to P…
4 Justiciability Doctrines
1. Standing... 2. Ripeness... 3. Mootness... 4. Political Question
4 Components of Standing
1. Injury: personal and likelihood of future harm for injunct…
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