Con law Study Guide Questions with Correct Answers

Con law Study Guide Questions with Correct Answers Overview of the Constitution - Answer-The constitution provides the rules for making and changing the law Where there is a conflict between new law and the constitution, the constitution wins purpose - Answer-Create a national government Govern the relationship between federal and state governments Limit government power and protect personal rights key factors - Answer-Separation of powers limited/enumerated powers Checks and balances federalism Separation of powers - Answer-Division of government into branches; each has their own role and powers and one's powers should not impede or conflict with another limited/enumerated powers - Answer-List in constitution that grants Congressional powers to the federal government Checks and balances - Answer-System that provides each branch f the government powers to check the other branches and prevents one from becoming too powerful federalism - Answer-Mode of political organization with a general federal government and regional state government legislative - Answer-Includes both houses of congress(house of Rep. and the Senate) Has the power to make laws, declare wars, tax, spend money ACT OF Code Legislate CAN CONGRESS PASS THIS LAW executive - Answer-Headed by president Power to execute and enforce the laws passed by legislative branch, appoint cabinet to carry out duties, and lead the armed forces President, treaty, executive orders DOES THE PRESIDENT HAVE THE POWER TO DO THIS? WHAT POWERS DOES THE PRESIDENT HAVE? judicial - Answer-Supreme court Power to settle disputes and in cases of ambiguity, determine what the law is Adjudication CAN THE SUPREME COURT HEAR THIS CASE? CAN THEY MAKES A DECISION ABOUT THIS CASE state power - Answer-is the law that this state is trying to implement allowed? Is it constitutional? how to break down a question - Answer-Judicial power: can the supreme court hear this case? What are the powers of the supreme court- Art.3sect. 2 What does art 3 sec. 2 say?- original jurisdiction and appellate jurisdiction "cases and controversies" What is the scope- Marbury v. Madison- congress cannot expand what is in the constitution - Other limits? Justiciability set by SCOTUS based on cases and controversies Article 3 sec 1: - Answer-creates scotus and permits congress to create inferior courts The judiciary act 1789 created and structured the judiciary into 3 parts: Scotus Circuit District courts article 3 sec 2: - Answer-outline the kind of cases the judicial branch may hear Judicial power is limited/enumerated Appellate jurisdiction is regulated by congress Scotus has original jurisdiction over cases involving ambassadors, public ministers, and states as parties Can only hear cases or controversies Questions may only be answered through case rulings Judicial Review - Answer-RULE: judicial review, process by which courts rule on the constitutionality of acttions taken by federal and state officials Process of judicial review has created the body of reported decisions, look to previous court decisions this process renders the constitution enforceable as law Marbury v. Madison establishes this doctrine Marbury v. Madison background - Answer-1803: shift in power, federalist to DR Final weeks of Adam, congress passes a law that allowed him to appoint 42 justices, he fills with federalist, including marbuey