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Ps 470 Con law midterm study Guide 100% Pass. Marbury v. Madison - AnswerThis case establishes the Supreme Court's power of Judicial Review; "say what the law is" Martin v. Hunter's Lessee - AnswerThe Supreme Court can review the decisions of the highest state courts if they involve a federal ...

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Ps 470 Con law midterm study Guide 100%
Pass.


Marbury v. Madison - Answer✔This case establishes the Supreme Court's power of Judicial
Review; "say what the law is"

Martin v. Hunter's Lessee - Answer✔The Supreme Court can review the decisions of the highest
state courts if they involve a federal law or the federal Constitution

Youngstown Sheet & Tube Co. v. Sawyer - Answer✔Case in which the Supreme Court placed
limits on the executive power of the president.

Brown v. Board of Education - Answer✔court found that segregation was a violation of the
Equal Protection clause "separate but equal" has no place; power over state legislation

Federalist Paper #10 - Answer✔The Federalist Paper warning against faction such as interest
groups and political parties

extension of sphere - Answer✔take in greater variety of parties and interests making it less
probable that a majority will have a common

Original Jurisdiction of the Supreme Court - Answer✔the authority of a court to hear a case
before any other court does

Appellate Jurisdiction of Supreme Court - Answer✔the authority of a court to hear cases that
have been tried, decided, or reexamined in other courts

Jurisdiction of the Supreme Court - Answer✔1. Cases involving the Constitution
2. Disputes between states
3. Cases involving federal law
found in article III sec 2 p 2

judicial power is found in - Answer✔article III sec 2 p 1

originalism theory - Answer✔A method of interpreting the Constitution that emphasizes the
meaning of its words at the time they were written.


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Interpretivism - Answer✔an approach to interpreting the U.S. Constitution that takes modern
values and social consequences into account; also known as loose construction

Non-Interpretivism - Answer✔courts might properly go beyond these sources enforcing
constitutional norms not readily discernible in the text or framer's intentions

Living Constitution - Answer✔A way of interpreting the Constitution that takes into account
evolving national attitudes and circumstances rather than the text alone.

strict scrutiny test - Answer✔A Supreme Court test to see if a law denies equal protection
because it does not serve a compelling state interest and is not narrowly tailored to achieve that
goal


necessary in "compelling state interest"
law is "narrowly tailored"
law uses "least restrictive means"


usually related to cases involving Bill of Rights and 14th am.

Compact Theory - Answer✔The idea that the Constitution represents an agreement among
sovereign states to form a common government; fed government serves the states

Kentucky and Virginia Resolutions - Answer✔Written anonymously by Jefferson and Madison
in response to the Alien and Sedition Acts, they declared that states could nullify federal laws
that the states considered unconstitutional.

Nullification and Interposition - Answer✔introduced in the Virginia & Kentucky Resolutions,
these two political concepts essentially stated that a state could declare a national law null and
void in that state, buffering the national government. These never came into effect.

Ripeness - Answer✔a criterion used by courts to avoid hearing cases that depend on hypothetical
future events

Mootness - Answer✔A criterion used by courts to avoid hearing cases that no longer require
resolution

Capable of repetition, yet evading review - Answer✔An exception to the mootness doctrine,
providing that if an alleged harm may be repeated, but by its nature cannot be judicially
determined in the normal legal process, that harm may become the basis of jurisdiction.


Roe v Wade

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