Con law Practice Exam Questions with Answers

Con law Practice Exam Questions with Answers constitutionalism - Answer- System that prefers a high law to someone other from of domination/structure (i.e. the army that is dominant and physically controls you/ the thing, a title that is passed down from generation to generation, a monarchy) We, as the people, subscribe to it and ratify it Why do we subscribe to constitutionalism? - Answer- Prevents tyranny Promotes uniformity → equal application of the law to all people in all states Limit itself as so to create space for the individual → the government can go so far as lifting things up and squeezing her but no farther and it leaves freedom, liberty, space for individual flourishing. We need something that constitutes us, not just you, or me, or just the government. Why write down the constitution rather than a conversation system? - Answer- Allows us to have a discourse about what constitutes us We are a written constitution Ours is endured for a couple hundred years Has the potential to be more long living than something that is just verbal, cultural. It can outlive us. (durable) brief history summary - Answer- Before 1776, each colony had their own rules which they each followed. It's a supremacy/ pyramid that moves upward in control of the delegated governors back to the crown in england. English become extractive colonial power, begin taxing, and then the declaration occurs and the war begins Convention meets to discuss improvements on the articles of confederation(which gave states power) and those people are the delegates who go to Philadelphia and they chuck the article after its 8 year run. They draft the articles of the constitution. Article 1 - Answer- the powers of congress (legislature). It's designed to be a national legislature with a lot of terrain to exercise its power article 2 - Answer- the president/executive. Charged with prosecution of the law and vested in one person elected by the electoral college Article 3 - Answer- a national judiciary. A judiciary with enumerated powers over particular subject matters. The Supreme court and the legislature will decide how big it will be and if it will have lower courts beneath it. article 4 - Answer- state to state commenty/cooperation/coexistence. What do states owe each other in this new nation that has been created? Respect for each other's unique property arrangements/system. article 5 - Answer- provisions by which this document may be amended. Legislative path where congress opposes and states ratify. Second is the constitutional convention that states and citizens can call for changes. Article 6 - Answer- supremacy principle. The Constitution is the Supreme law of the land. No individual rights provisions Article 7 of the Constitution - Answer- Outlines the process for ratification of the Constitution 14th amendment - Answer- (guarantees equal protection and due process) The 14th amendment was proposed by the reconstruction of congress and ratified by states in 1868. Recognized equal natural citizenship without regard to race, looked at former federacy as a continuing threat to the US. 1st amendment - Answer- protection of free speech, free press, and religion 13th amendment - Answer- prohibit slavery Originalism - Answer- firm believers of original public meaning of the constitution. According to this approach, a provision of the constitution must mean today what is meant when it was adopted. Seeks textualism, original meaning, historical non -originalism - Answer- non-originalists generally believe that the constitution's meaning today is not always the meaning that it had when it was ratified. They look to a range of sources in interpreting the constitution. They conclude that the original meaning of a constitutional provision, expressed at a very high level of generality, provides guidance for ascertaining the relevant constitutional rule. ex: love, let people want who they want to love Decision of the courts (precedent), policy Perpetual arguments for constitutional interpretation - Answer- (1)Textualism→ look back to the text To think about how others have read it→seeks to obtain the original public meaning of constitution (the way the public at that time read it) Scalia - constitution is dead as in locked down in terms of what it meant then, it has been since..What is meant that is what it means now(originalism) (2) Decision of the court (precedent) → controlling/stabilizing force, the power of what is decided stays decided - star decisis. There are many interpretations that have come before us that have consistently marched down the same path. (3)History of the country → maybe it's not irrelevant in thinking of what others have done in thinking what others can do now. Even in the absence of a decision there is still history. (4)Policy → still in the background. It's a form of political participation that becomes self governance. Used as a way to interpret the constitution ARTICLE 3 section 1 - Answer- creates supreme ct. States will continue to exist which have judicial power BUT the judicial power of the US is with the supreme court and inferior courts, if congress chooses to create them. (gives congress power here) also says judges are paid to hold office during good behavior, without lowering their pay (serve for life). Good behavior = how long justices serve which is life article 3 section 2 - Answer- Says what cases/jurisdiction(subject matters like diversity and fed q) the Supreme Court must decide. Divides them into original(litigation began here; federal trial courts) and appellate jurisdiction (case didn't begin there, came from lower court to there; Fed circuit courts). Congress has power to regulate the appellate jurisdiction. It also guarantees trial by jury in criminal court either in that state or where congress directs. Gives a less biased and more neutral court system Maubury v. Madison - Answer- established the Supreme Court's power of judicial review The statute (judiciary act of 1789) is at odds w/ the Const. a. When there is a conflict between a law and the Const., the Court has the duty to declare the statute unconstitutional since its the supreme law of the land Writ of mandamus - Answer- court order commanding an officer to perform a duty required by law