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Exam 1 | PSCI - American Government, Quizzes of Local Government Studies

Supreme Court Cases Terms Class: PSCI - American Government; Subject: Political Science; University: College of Charleston; Term: Forever 1989;

Typology: Quizzes

2009/2010

Uploaded on 02/11/2010

jrab20
jrab20 🇺🇸

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TERM 1
Great Compromise
DEFINITION 1
aka The Connecticut Compromise - the agreement reached at the
Constituional Convention of 1787 that gave each state an equal
number of senators regardless of popu lation, but the House of
Representatives would be based on p opulation - Compromise
between the Virginia Plan (biased tow ard largely populated states)
and the New Jersey plan (biased towa rd sparsely populated states)
TERM 2
Necessary and Proper Clause
DEFINITION 2
aka the Elastic Clause -in Art.1 Sec. 8 of the Constitution -
determines the powers of Congress and provides Congress
with the authority to make all laws "necessary and proper" to
carry them out - meant to be a source of strength toward
national power
TERM 3
Marbury v.
Madison
DEFINITION 3
1. Is Marbury entitled to his commissio n? Yes- Procedures were
followed, so he is entitled to his comm ission. 2. Is there a remedy?
Yes, because he's entitled to it. 3. Is t he remedy the writ of
Mandamus? No, because it strikes a s ection of the statute.
Congress can't by statute change th e constitution, therefore that
statute is void. - Supreme Court crea ted a precedent: It can throw
out statutes that violate the Constitu tion. - Called for judicial
review: the power of the courts to re view actions of the nat'l gvt
and the states to make sure it confo rms with the Constitution
TERM 4
Scott v. Sanford
DEFINITION 4
1. Is Scott free because they were in Illinois (crossed the Missouri
line)? - No, he's property and he can't sue (Case should've stopped
here). 2.If not, are his children who w ere born there? - No, they're
property. 3. Is the Missouri Compromis e valid? - No, because
there's a prerequisite law saying who is free and who isn't. This
struck an act of Congress.
TERM 5
Alien and Sedition Acts (1798)
DEFINITION 5
consists of 4 acts; Congress had the p ower to pass the first 3 acts,
but NOT the 4th one. Alien Act: perm its the president to jail or
exile the immigrants Alien Enemies A ct: jail the enemies during
war Naturalization Act: have to be a resident alien of 13 years to
become a citizen Sedition Act: fines and ajil time for people who
trash talked the government --> de ath penalty. This VIOLATES the
1st amendment. Jefferson and Madis on: say that people in states
are parties to the contract. Therefo re, the states can nullify the
act.
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Great Compromise

aka The Connecticut Compromise - the agreement reached at the Constituional Convention of 1787 that gave each state an equal number of senators regardless of population, but the House of Representatives would be based on population - Compromise between the Virginia Plan (biased toward largely populated states) and the New Jersey plan (biased toward sparsely populated states) TERM 2

Necessary and Proper Clause

DEFINITION 2

aka the Elastic Clause -in Art.1 Sec. 8 of the Constitution -

determines the powers of Congress and provides Congress

with the authority to make all laws "necessary and proper" to

carry them out - meant to be a source of strength toward

national power

TERM 3

Marbury v.

Madison

DEFINITION 3

  1. Is Marbury entitled to his commission? Yes- Procedures were followed, so he is entitled to his commission. 2. Is there a remedy? Yes, because he's entitled to it. 3. Is the remedy the writ of Mandamus? No, because it strikes a section of the statute. Congress can't by statute change the constitution, therefore that statute is void. - Supreme Court created a precedent: It can throw out statutes that violate the Constitution. - Called for judicial review: the power of the courts to review actions of the nat'l gvt and the states to make sure it conforms with the Constitution TERM 4

Scott v. Sanford

DEFINITION 4

  1. Is Scott free because they were in Illinois (crossed the Missouri line)? - No, he's property and he can't sue (Case should've stopped here). 2.If not, are his children who were born there? - No, they're property. 3. Is the Missouri Compromise valid? - No, because there's a prerequisite law saying who is free and who isn't. This struck an act of Congress. TERM 5

Alien and Sedition Acts (1798)

DEFINITION 5 consists of 4 acts; Congress had the power to pass the first 3 acts, but NOT the 4th one. Alien Act: permits the president to jail or exile the immigrants Alien Enemies Act: jail the enemies during war Naturalization Act: have to be a resident alien of 13 years to become a citizen Sedition Act: fines and ajil time for people who trash talked the government --> death penalty. This VIOLATES the 1st amendment. Jefferson and Madison: say that people in states are parties to the contract. Therefore, the states can nullify the act.

dual federalism

  • the system of government that prevailed in the U.S. from 1789 to 1937, in which most fundamental governmental powers were shared between the federal and state governments (territorial spearation of powers). -Horizontal federalism: separation of powers between 3 national branches (legislative, executive, judicial) - Vertical federalism: separation of opwers between nat'l gvt and the states. *Powers that are exclusively national, powers that are concurrent, powers denied to state, powers denied to national TERM 7

revenue sharing

DEFINITION 7

the process by which one unit of government yields a portion

of its tax income to another unit of government, according to

an established formula. Revenue sharing typically involves

the national government providing money to state

governments

TERM 8

categorical grants

DEFINITION 8

congressional grants given to states and localities on the

condition that expenditures be lmited to a problem or group

specified by law

TERM 9

Shay's Rebellion

DEFINITION 9

  • purpose: to prevent foreclosures on their debt-ridden land

by keeping the county courts of western Massachusetts from

sitting until after the next election. - proved that there were

many flaws to the Articles of Confederation

TERM 10

Dartmouth College v. Woodward

DEFINITION 10

  • the contracts clause: Just because the contract was signed

before the Constitution, it is still valid. - "No state shall

violate the obligation of contracts" -- Art. 1 Sec. 9 - Issue: Is

the state attempting to violate the contracts clause? Yes. -

Gives power to the national government