Political Science Test 2
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McCulloch v. Maryland
1819 case in which Justice Marshall emphasized the constitutional supremacy of the federal government in striking down Maryland’s attempt to tax the Bank of The United States. Its purpose was to focus on a government that based itself on the capitalist economic growth.
Marbury v. Madison
The 1803 case in which Supreme Court established the right to exercise judicial review even though that power was not stated on the Constitution.
Courts have the power to declare a law or act of the government unconstitutional and thus invalid.
Plessy v. Ferguson
Supreme court issuing a Louisiana law that mandates railroads to provide separate but equal facilities for whites and blacks, decision had to overview if this was violating the equal protection of laws.
Brown v. Board of Education
The 1954 case in which the Supreme Court rejected the separate but equal doctrine in the field of education and thereby began the end of legal racial segregation.
Miranda v. Arizona
Ernesto Miranda accused of rape, after two hours of police interrogation he signed a written confession to the crime yet no point was he advised he had the right to an attorney present during any interrogation. The decision from this case was proposed to advice police to change behavior and provide suspects with Miranda warnings.
Roe v. Wade
The 1973 Supreme Court case that established a woman’s right to choose abortion and rendered unconstitutional all state laws that made abortion a crime.
A doctrine based on the Fourth Amendment’s guarantee against unreasonable searches and seizures, in which the Supreme Court established that material seized in an illegal search cannot be introduced as evidence in a criminal case.
Government censorship of the press or speech as a result, what is being expressed is not available to the public.
being tried twice for the same crime.
serious crime generally punishable by death or imprisonment for more than a year.
minor criminal offense for which one can generally receive up to a year in jail and/or a fine.
Those that admit to plea will be given a smaller sentence. This saves money and time. Less time in prison for defendant. By testifying against and cooperating with government, you may be free from imprisonment or penalties. (an eye for and eye)
Electoral College System
The body of electors whose composition is determined by the results of the general election in each state, that chooses the president and vice president of the U.S. Winning candidates must garner a majority of the 540 electoral votes.
Ex Post Facto Laws
A criminal law that is retroactive and that has an adverse effect upon one accused of a crime. An ex post facto law is one that makes an act a crime that was not a crime when committed, that increases the penalty for a crime after it is committed or that the national nor the state governments may enact such laws under the provisions of the Constitution. The prohibition does not extend to civil laws or laws favorable to an accused person.
Writ of Habeas Corpus
A written order issued requiring that an official bring a prisoner before the court and justify his/her detention. (This results with one finding out why he/she is being held in jail.)
What are some examples in which the Constitution has become a more democratic document?
It starts with “we the people”. Consists of Amendments that are implemented to protect the rights of citizens as well as practice equality amongst community.
What are some examples in which the old constitution can be viewed as undemocratic?
One major influence found in the old constitution that is viewed as undemocratic is the laws on slavery. That it was allowed, Article 1 Section 9 states that the transatlantic slave trade cannot be banned at least until 1808. Purpose was that by then, the slave population would be enough so that they would not have to kidnap and trade Africans.
What was the social background of the Founding Fathers?
Political philosophers. Most of them were well educated and had obtained a college education. Most of them were rich. Majority of them held the highest regard position, lawyers, financiers, merchants and owned large estates.
What were the Founding Father’s motives in writing the Constitution?
- 1. Provide protection from overseas intervention.
- 2. Develop a strong military to expand west push people aside to gain territory and a strong navy to deal with piracy.
- 3.Uniform economic system that could help foster economic development.
How can the U.S Constitution be changed?
Yes, it may be amended. Amendments may be proposed by Congress by a two thirds majority in both houses. Proposed amendments become part of the Constitution when they are ratified by the legislatures of three fourths of the States (38 of the 50 States).It can be amended and has been several times. An amendment effectively changes the constitution.
What makes up the Supreme Law of the Land?
The US Constitution is the highest level of law in the United States.
Article VI of the Constitution states the document and the laws of the United States which "shall be made in pursuance thereof..." are the "Supreme Law of the Land." The phrase, "shall be made in pursuance thereof" indicates the Constitution is the ultimate authority to which all other laws and treaties must conform.
What happens to one who is libeled?
Deals with privacy laws, when accused of releasing or publicizing false information on someone. If information released is false and found to be false, accused is libeled and must pay the penalty.
How does one become a justice of the U.S Supreme Court?
The President nominates a candidate for the US Supreme Court; the Senate votes whether to confirm or reject the nomination. If the candidate is confirmed, he or she is appointed to the US Supreme Court.
What is the difference between a criminal case and a civil case?
Criminal cases are crimes against society such as rape, murder, or armed robbery.Civil cases are problems between two private parties. For example a dispute between a landlord and a tenant.
What are pros and cons for the Death Penalty?
Pros: someone will think twice about committing murder, prevents further harm in the future. Cons: not applied consistently, an innocent person may be executed, logic of detterance is not constant. Costs more money.
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