Term
| How did Aristotle define democracy? |
|
Definition
| "rule by the many in the interest of all" |
|
|
Term
| What were the alternatives to democracy, according to Aristotle? |
|
Definition
| 1. Kingship (tyranny) 2. Aristocracy (oligarchy) |
|
|
Term
| How does the modern conception of democracy differ from the classical conception of democracy? |
|
Definition
| Modern: Usually a "liberal democracy": aimed at protecting individual rights (natural or human); participation promotes "liberty" by protecting individuals from government abuse. Liberty no longer means participation in government |
|
|
Term
| What is constitutionalism? |
|
Definition
| idea that government can and should be legally limited in its powers, and that its authority depends on its observing these limitations |
|
|
Term
| it always been linked to democratic governments? |
|
Definition
| No, developed for the idea of Monarchy in mind |
|
|
Term
|
Definition
| idea that rulers and ruled are equally subject to the law |
|
|
Term
| How does constitutionalism relate to rule of law? |
|
Definition
| Rule of law is broader...larger... bigger than constitutionalism |
|
|
Term
| What has been the traditional purpose of constitutionalism |
|
Definition
| Liberty: Protect the people form government (monarchical) abuse |
|
|
Term
| Why does legal realism cast doubt on the possibility of constitutionalism? |
|
Definition
| Legal realism says law is "Authoritative rules made by a sovereign (and backed by the threat of sanction.)" |
|
|
Term
|
Definition
| laws made by state governments |
|
|
Term
|
Definition
| laws made by local governments |
|
|
Term
|
Definition
| rules made by administrative agencies to have the force of law. Ex. EPA |
|
|
Term
|
Definition
| laws that executives (president or governors) can pass without legislature |
|
|
Term
| How does constitutional law differ from those types of law? |
|
Definition
| fundamental and supreme laws that specify what governments, or different parts of government, may and may not do; what they are required to do; the manner in which they make, enforce, and interpret laws; and the manner in which individual persons acquire official government power |
|
|
Term
| What were the four basic structural principles of the U.S. Constitution discussed in class? |
|
Definition
| Federalism, Separation of Powers (Checks and Balances), Individual Rights and Protections, Democracy |
|
|
Term
|
Definition
| principle of government that provides for the division of sovereign power between a national government - supreme with its own sphere - and a collection of state governments - supreme within their own spheres - operating over the same geographical area |
|
|
Term
| Inadequacy of confederation |
|
Definition
| Confederation: Economic inefficiency, External insecurity/unfit for warmaking: national gov't could not raise the appropriate amount of money (resources) and troops..., Unfit for keeping peace among states: South v. North |
|
|
Term
| Advantages of partial state sovereignty (federalism) |
|
Definition
| Promotes liberty: locals have an effect in their jurisdiction, steers away from monarchy; "Laboratories of democracy", allowing states to experiment with their own sets of democracy to advance political scientific knowledge; Promoting and preserving geographic cultural pluralism: to accommodate cultural, local preferences |
|
|
Term
| How does the Constitution seek to structure executive independence from Congress? |
|
Definition
| Electoral college (not necessarily better form of election; alternative was to have Congress vote, states were concerned about sovereignty with the citizens directly electing the president, an attempt to have the president more independent from Congress), 4 year terms with re-eligibility; Protection against diminution of salary: while Congress has the "power of the purse" |
|
|
Term
| How does the Constitution seek to structure judicial independence from Congress? |
|
Definition
| Service during "good behavior", Protection against diminution of salary |
|
|
Term
| Where does the original Constitution (prior to the ratification of the Bill of Rights) offer individual rights protections? |
|
Definition
Article I, Sec. 9
Article I, Sec. 10 "no states shall" specific limits placed on states |
|
|
Term
| Which Court(s) does Article III of the U.S. Constitution establish? How are other federal courts created? |
|
Definition
| The judicial power of the U.S., shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish... |
|
|
Term
| What are the two primary safeguards established by the Constitution to prevent abuse of judicial independence? |
|
Definition
| #1: Political selection of judges #2 Removal of judges by impeachment (only) |
|
|
Term
|
Definition
| authority of a court to hear a case |
|
|
Term
| What question about federal court jurisdiction was resolved by the 11th Amendment? |
|
Definition
| That a citizen of one state cannot sue another State (as a whole) |
|
|
Term
|
Definition
|
|
Term
| discretionary jurisdiction |
|
Definition
| cases that the courts have an option to hear or not |
|
|
Term
| What is the difference between original and appellate jurisdiction? |
|
Definition
| (pg 89) the former are classes of cases that originate in the Court while the latter are those it hears after a lower court. |
|
|
Term
| Has the Supreme Court’s original jurisdiction typically been understood as exclusive or concurrent with lower federal courts? |
|
Definition
|
|
Term
|
Definition
| power in certain areas or over certain persons (subject matter) to the exclusion of all other courts |
|
|
Term
|
Definition
| Authority possessed by two or more different courts to hear and decide on the same matter within the same territory. The choice of which court will be used is left up to the plaintiff |
|
|
Term
| What did the Judiciary Act of 1789 establish with respect to the original structure of the federal court system? |
|
Definition
| (pg 60) # of SCOTUS justices = 6; 13 district courts (1 judge, geographically based);3 circuit courts (3 judge panels, also geographically based).. trial and appellate. |
|
|
Term
| What was (according to Professor Evans) the most important aspect of judicial power left unaddressed by both the Constitution and the Judiciary Act of 1789? |
|
Definition
| judiciary review (claimed with Marbury v. Madison) |
|
|
Term
| What were the two legal issues addressed in Marbury v. Madison (1803)? |
|
Definition
| Did the Supreme Court have authority to issue the writ?(NO) Did Marbury have the right to sue about the commission? (YES) |
|
|
Term
| What important constitutional question was addressed in Martin v. Hunter’s Lessee (1816)? |
|
Definition
| Virginia Supreme Court decides that the Judiciary Act was unconstitutional, an attempt to overrule the Supreme Court. The Supreme Court determined the Virginia Courts wrong |
|
|
Term
| h. Make sure to know and understand the two arguments (“positive” and “negative”) defending judicial review discussed in class? |
|
Definition
| judicial activism vs. judicial restraint |
|
|
Term
|
Definition
| believes that the prper role of the Court is to assert independent positions in deciding cases, review the actions of the other branches vigorously, be willing to strike down acts the justice believes are unconstitutional, and to impose far-reaching remedies for legal wrongs whenever necessary. |
|
|
Term
|
Definition
| believes VCourts should not become involved in the operations of the other branches unless absolutely necessary. |
|
|
Term
| Positive case for judicial review |
|
Definition
| necessary for protecting minority rights... may give the court too much power. |
|
|
Term
| Negative case for judicial review |
|
Definition
| it's not antidemocratic (or dangerous) because the Court is checked by the political branches (and the "weakest" branch b/c it lacks the power of the purse) |
|
|
Term
| understand the three general types of “Article III limits” on judicial power |
|
Definition
| 1. Jurisdiction, 2. Justiciability (is the case appropriate for judicial resolution?) 3. Standing (is the party an appropriate case to bring suit?) |
|
|
Term
| What important constitutional question was addressed in Ex Parte McCardle (1869)? How did the Supreme Court resolve this question? |
|
Definition
| (pg 89-92) Jurisdiction; court can make exceptions, but how expansive can this be interpreted; can the Court remove its appellate jurisdiction over particular cases; the court ruled TO HAVE that power |
|
|
Term
| What part of the Constitution is said to allow the Supreme Court to only hear “cases and controversies”? |
|
Definition
|
|
Term
|
Definition
| is the case appropriate for judicial resolution? Basic requirement = must be "Cases and Controversies" |
|
|
Term
|
Definition
| federal judges refuse to issue |
|
|
Term
|
Definition
| two parties seeking the same outcome OR no real adversity OR merely testing the law |
|
|
Term
|
Definition
|
|
Term
| Ever since the case Luther v. Borden (1849), the Supreme Court has dismissed as non-justiciable claims based on what clause of the Constitution? Why? |
|
Definition
| Article IV... Political Questions, should be decided by another branch |
|
|
Term
| What fact(s) about the case Muskrat v. U.S. (1911) led the Supreme Court to dismiss it for being non-justiciable? Has the Court consistently applied this principle when deciding questions of justiciability? |
|
Definition
| The Court determined that Muskrat was simply testing the law. and Congress made it clear they were not truly opposing Muskrat |
|
|
Term
| How did the Supreme Court legally justify declaring the issue at stake in Baker v. Carr justiciable after having declared in Colegrove v. Green (1946) that the same issue was a non-justiciable political question? |
|
Definition
| Baker v. Carr established criteria for determining whether a dispute presented a political question; 1. Court will look to the Constitution to see if there is a "textually demonstrable commitment" to another branch of government. #2 justices shall consider whether particular questions should be left to another branch of gov't as a matter of prudence. |
|
|
Term
| What fact(s) about the case DeFunis v. Odegaard (1974) led the Supreme Court to dismiss it for being non-justiciable? |
|
Definition
| no matter the decision of the case, there would be no change in the outcome. |
|
|
Term
| What are the three requirements that a party to a case must meet in order to have standing before the Supreme Court? |
|
Definition
| 1) Party must have suffered a concrete injury or be in imminent danger of suffering such a loss. 2) Injury must be 'fairly traceable' to the challenged action of the defendant. 3) Party must show that a favorable court decision is likely to provide redress |
|
|
Term
| According to the Supreme Court, can taxpayers sue the US Government because the taxpayers dislike something about government budgets and spending? Why or why not? |
|
Definition
| usually not. although it is not prohibited, there are strict limits (pg 108) |
|
|
Term
| How did a majority of the members of the House of Representatives interpret Article I, Section 5, Clause 1 of the Constitution when, in 1967, they voted to strip Adam Clayton Powell, Jr. of his House seat? |
|
Definition
| The interpretation was as though the clause allowed for Congress to make additional qualifications if needed... but the Court denied this interpretation |
|
|
Term
| U.S. Term Limits v. Thornton (1995) |
|
Definition
| unconstitutional because the people of the state added to the qualifications; failed attempt to alter the term limits b/c they are addressed in the Constitution |
|
|
Term
|
Definition
| Article I, Sec. 6. Gravel v. United States. Allows for members of Congress to be punished, but there are safeguards. |
|
|
Term
| four basic sources of legislative power |
|
Definition
| Enumerated, implied, inherent, amendment-enforcing |
|
|
Term
| Which article & section of the Constitution lists most of Congress’ “enumerated powers.” |
|
Definition
|
|
Term
| Which two clauses of Article I, Section 8 of the Constitution have been interpreted as granting Congress relatively broad legislative powers (at least under certain conditions)? |
|
Definition
| Clause 18: Necessary and Proper.... and Power to Investigate |
|
|
Term
| the significance of Chief Justice Marshall’s opinion in McCulloch v. Maryland (1819) with respect to Congress’ implied legislative powers |
|
Definition
| dealing with the Necessary and Proper clause... Marshall allowed for Congress to have implied powers also later leading to the Constitution continuing to be a living document. |
|
|
Term
|
Definition
|
|
Term
|
Definition
| in accordance with Congress' role as the lawmaking institution |
|
|
Term
|
Definition
| result from the whole mass of the powers of the National Government and from the nature of political society, not as a consequence or incident of the powers specifically enumerated. |
|
|
Term
| U.S. v. Curtiss-Wright Export Corp. (1936) What did this case establish with respect to Congressional power? |
|
Definition
| allowed for congressional authority to delegate power... also made a distinction between foreign and domestic affairs. |
|
|
Term
| What role did the idea of “amendment-enforcing powers” play in Chief Justice Earl Warren’s opinion in South Carolina v. Katzenbach (1966)? |
|
Definition
| allowed Congress to enforce whatever necessary implications to ensure nondiscriminatory voting. |
|
|
