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.
