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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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Download Exam 1 | PSCI - American Government and more Quizzes Local Government Studies in PDF only on Docsity! 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 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. TERM 6 dual federalism DEFINITION 6 - 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
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