Term
| Why did the founders consider government a " fearful master"? |
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Definition
| they considered it a "fearful master" because government consists of men and their natural inclanation to expand their own power |
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Term
| What are the "chains of the Constitution? |
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Definition
Rules to keep men safe from their want of power.
1. limited powers 2. serperate powers 3. checks and balences 4. written constituion(inflexible) 5. chains of constitution 6. gardian |
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Term
| What is "judical review"? |
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Definition
| the ability for the supreme court to review acts of congress and legislatures to make certain they follow the constitution. |
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Term
| What major pronlem has developed in connection with the federal judiciary? do the checks and balances provided in the constitution address this problem? |
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Definition
What happens if the supreme court imposes its will on the people
-judges chosen by president
-confress restrict juristriction of courts
- confress can impeach judges |
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Term
| What did Thomas Jefferson and John Marshall have in common? |
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Definition
- both trained by john wyth
-loved the constituion
- people considered political authority
-Primary purpose of government to protect the people
-cherished freedom and knew it needed to be preserved |
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Term
| How did thomas jefferson and john marshalls views differ with regard to the power of the federal judiciary? |
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Definition
-greatest threat was a strong central governtment
-people needed uniformity in interpretation by the supreme court |
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Term
| What were jeffersons objections to giving judfes the final word on the constitutional questions |
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Definition
| the judical branch is not supposed to have authority over executive |
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Term
| Explain why john marshalls views eventually prevailed |
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Definition
| It brought question s of law to a final decison; human nature to have fixed laws |
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Term
| On what basis should judges in terpret the constiution |
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Definition
| is hould be interpreted according to the origional intent of the founders |
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Term
| According to jefferson what may cause the eventual dissolution of the federal government |
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Definition
| judical body had the potential power of using judicail review to seriously distort the origional intent of the founders by twistion the meaning of the constitution |
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Term
| Describe how criminal justice has been nationalixed in the unitd states. does this violate the founders intent |
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Definition
| the 14 amundment makes it possible to allow federal courts juristiction over any state criminal case in which the defendent says his civil rights were violated |
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Term
| Should there be constitutional qualifications for the supreme court justices |
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Definition
| yes there should be because they are now chosen for politcal reasons not for their qualifications |
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Term
| describe the historical stages through which the supreme court has passed since 1789 |
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Definition
1 john marshal period, constitution used to establish National supremecy
2 supreme court relied on constituional theory and didnt qoute the founders but never the less held strictly to their rules
3 1895 stage where constitutional supremecy replaced with judical supremecy
4 judical branch out of control needing serious reform |
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Term
| The role of the federal judiciary was already a significant issue in jeffersons day. what was his constituional proposal for solving the judicial crisis |
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Definition
| his ideawas a amendment that provide congress or state legislature the veto power or removal power over the supreme court thereby providing the people with the remedy when the court strayed form the founders |
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